Nonindigenous Ascidians in tropical waters. Inhibition of coral photosynthesis by the antifouling herbicide Irgarol
Davis issued Proclamation No. Diwata, which is situated in the municipalities of Monkayo and Cateel. It later became known as the "Diwalwal Gold Rush Area. On 21 NovemberCamilo Banad and his group, who claimed to have first discovered traces of gold in Mount Diwata, filed a Declaration of Location DOL for six mining claims in the area.
Camilo Banad and some other natives pooled their skills and resources and organized the Balite Communal Portal Mining Cooperative Balite. From November to Februaryseveral individual applications for mining locations over mineral land covering certain parts of the Diwalwal gold rush area were filed with the Bureau of Mines and Geo-Sciences BMG.
After realizing that the area encompassed by its mining claims is a forest reserve within the coverage of Proclamation No. The permit embraced the areas claimed by Apex and the other individual mining claimants.
On 23 SeptemberApex filed a motion to dismiss MMC's petition alleging that its mining claims are not within any established or proclaimed forest reserve, and as such, the acquisition of mining rights thereto must be undertaken via registration of DOL with the BMG and not through the filing of application for permit to prospect with the BFD.
It further declared null and void MMC's EP and sustained the validity of Apex mining claims over the disputed area. Apex then filed an appeal before the Office of the President. Apex filed a Petition for Certiorari before this Court.
The Petition was docketed as G. Garcia, 10 and opined that EP was valid and subsisting. It added that the adverse claimants were not claim owners but mere occupants conducting illegal mining activities at the contested area since only MMC or its assignee SEM had valid mining claims over the area as enunciated in Apex Mining Co.
The decretal portion of the PA resolution pronounces: It argued that the rules of procedure are not meant to defeat substantial justice as the former are merely secondary in importance to the latter. Dealing with the question on EP 's validity, the MAB opined that said issue was not crucial and was irrelevant in adjudicating the appealed case because EP has long expired due to its non-renewal and that the holder of the same, MMC, was no longer a claimant of the Agusan-Davao-Surigao Forest Reserve having relinquished its right to SEM.
A moratorium on all mining and mining-related activities, is hereby imposed until such time that all necessary procedures, licenses, permits, and other requisites as provided for by RAthe Mining Act and its Implementing Rules and Regulations and all other pertinent laws, rules and regulations are complied with, and the appropriate environmental protection measures and safeguards have been effectively put in place; 4.
Consistent with the spirit of RAthe Board encourages SEM and all small-scale miners to continue to negotiate in good faith and arrive at an agreement beneficial to all.
In the event of SEM's strict and full compliance with all the requirements of the Mining Act and its Implementing Rules and Regulations, and the concurrence of the small-scale miners actually occupying and actively mining the area, SEM may apply for the inclusion of portions of the areas segregated under paragraph 2 hereof, to its MPSA application.
Apex filed a Motion for Leave to Admit Petition for Intervention predicated on its right to stake its claim over the Diwalwal gold rush which was granted by the Court. These cases, however, were remanded to the Court of Appeals for proper disposition pursuant to Rule 43 of the Rules of Civil Procedure.
The Court of Appeals also ruled that MMC's right to explore under EP is a property right which the Constitution protects and which cannot be divested without the holder's consent. It stressed that MMC's failure to proceed with the extraction and utilization of minerals did not diminish its vested right to explore because its failure was not attributable to it.
Accordingly, the segregation of hectares of mining areas from the coverage of EP by the MAB was unfounded. As to the petitions of Villaflor and company, the Court of Appeals argued that their failure to submit the sketch plan to the PA, which is a jurisdictional requirement, was fatal to their appeal.
It likewise stated the Villaflor and company's mining claims, which were based on their alleged rights under DAO No. The dispositive portion of the Decision decreed: This proclamation excluded an area of 8, hectares located in Monkayo, Compostela Valley, and proclaimed the same as mineral reservation and as environmentally critical area.
Thereafter, Executive Order No.
Whether or not the subsequent acts of the executive department such as the issuance of Proclamation No. Apex pointed out that MMC violated four conditions in its permit. First, MMC failed to comply with the mandatory work program, to complete exploration work, and to declare a mining feasibility.
Second, it reneged on its duty to submit an Environmental Compliance Certificate. Third, it failed to comply with the reportorial requirements. Fourth, it violated the terms of EP when it assigned said permit to SEM despite the explicit proscription against its transfer.Credit is so important because it affects much more than your finances but also your career and your personal life.
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