91. Rajah Lahuy Mining vs. Pajares

8/18/2019 91. Rajah Lahuy Mining vs. Pajares

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SECOND DIVISION

G.R. No. L-69261 May 13, 1985

RAJAH LAHUY MINING COMPANY,

repree!"e# $y %" Pre%#e!", RICAR&O &.

LACUNA, a!# '()* PACI+IC RICH

MIN(RAL), INC., repree!"e# $y %" Pre%#e!",

)(A)*IAN OR&UNA II, petitioners,

vs.

JU&G( JAM() . PAJAR(), Re%o!a *r%a

Co/r", Naa C%"y, ra!0 19, RAU(L

(NRIU( y AL4AR(, MA. RAMONA

AR(NILLO y AL4AR(, (MILY )*A. ANA y

AL4AR( a!# &IR(C*OR O+ MIN() AN&

G(O)CI(NC(), respondents.

Fernando P. Cabato, Emeterio G. Manantan and Rodolfo U. Manzano for petitioners.

J. Antonio M. Carpio for private respondents.

AUINO, J.:

This case is about the jurisdiction of the Regiona

Tria Court to fi! the co"pensation due to the

o#ner of a "inera and for prospecting or e!poring therein. Ra$ue Enri$ue%, &a. Ra"ona

'renio and E"i( Sta. 'na are the registered co)

o#ners of a parce of and #ith an area of *+

hectares ocated at arrio -ata, ahu( Isand,

Cara"oan, Ca"arines Sur.

On 'ugust */, 012+ the( sued in Civi Case No.

2+)+34 of the Regiona Tria Court of Ca"arines

Sur Rajah ahu( &ining Co"pan( and 5est

6acific Rich &ineras for the pa("ent of just

co"pensation or renta due to the" as surface

o#ners as the sine qua non for the grant of authorit( to conduct "ining operations on the

isand.

The instant certiorari and prohibition case #as

fied b( the ahu( co"pan( and 5espar because

7udge 6ajares refused to dis"iss the co"paint

on the grounds of non)e!haustion of

ad"inistrative re"edies, ac8 of jurisdiction, res

judicata and prescription.

5e i"peaded the Director of &ines and -eo)

Sciences #ho in his co""ent dated &arch 02,

0129 confir"ed the opinion of the bureau:s senior

ega officer, Roberto R. anco, and the vie# of

the petitioners that the issues in Civi Case No.

2+)+34 are #ithin his jurisdiction ;e cited the

pertinent a#s and reguations.

6residentia Decree No. 90*, #hich too8 effect on

7u( 01, 013+, decares prospecting and other

"ining operations to be of pubic use and benefit.

It estabishes the basis, and prescribes the rues

and procedures, reative to the ac$uisition and

use of surface rights in "inera prospecting,

deveop"ent and e!poitation and gives protectionand co"pensation to surface o#ners. It provides<

SEC. *. Subject to prior

notification, prospectors or

cai"ants of "inera ands sha

not be prevented fro" entr( into

private ands b( surface o#ners

and occupants #hen prospecting

or e!poring therein<

Provided , That an( da"age done

to the propert( of the surface

o#ner sha be proper(

co"pensated<

Provided, furter , That to

guarantee such co"pensation to

the surface o#ner, the prospector

or cai"o#ner sha post a bond

#ith the ureau of &ines and

-eo)Sciences in an a"ount to be

fi!ed b( the Director of &ines

based on the t(pe of propert( andthe prevaiing price of ands in the

area #here prospecting and other

"ining act cities are to be

conducted and #ith suret( or

sureties satisfactor( to the

Director of &ines. The decision of

the Director of &ines "a( be

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appeaed #ithin five =9> da(s fro"

receipt thereof to the Secretar( of

Natura Resources, #hose

decision sha be fina.

The &inera Resources Deveop"ent Decree of

013+, 6residentia Decree No. +?/, prescribes a

"odern s(ste" of ad"inistration of "inera ands

and pro"otes and encourages the deveop"ent

and e!poitation thereof. 's a"ended b(

6residentia Decree No. 0/29, effective &a( *9,

0132, it provides<

SEC. 0*. Entr! into Publi" and

Private #ands. @ Subject to the)

provisions of 6residentia Decree

No. 90*, a $uaified person andAor

his authori%ed representativesha not be prevented fro" entr(

into private ands b( surface

o#ners andAor occupants thereof

#hen prospecting, e!poring and

e!poiting for "ineras therein. No

prospecting, e!poration and

e!poitation of "inera resources

inside a forest concession sha

be ao#ed uness proper notice

has been served upon the

icensee thereof.

Tie above ega provisions shoud be read in

connection #ith Consoidated &ines

'd"inistrative Order =C&'O> #hich provides.

SEC. 04. Entr! into lands. @ The

prospector, ocator, cai"o#ner or

"ining operator sha not be

prevented fro" entr( into private

ands for the purpose of

prospecting, ocating, e!poration,

deveop"ent and e!poitation of "ining cai"s containing "etaic

ores, upon prior #ritten

notification sent to and du(

received b( the surface o#ner of

the and and occupant thereof.

;o#ever, if the surface o#ner of

the and and occupant thereof =a>

refuses to ao# the prospector,

ocator, cai"o#ner or "ining

operator entr( into the and

despite his receipt of the #ritten

notificationB or =b> refuses to

receive said #ritten notificationB or

=c> cannot be found, the

prospector, ocator, cai"o#ner or

"ining operator sha notif( the

Director of such fact, and

attaching thereto a cop( of the

#ritten notification. =Sec. 0. &RD)

09.>

SEC. 00. Postin$ of te bond @

In a cases "entioned in Section

04 above, the prospector, ocator,

cai"o#ner or "ining operator sha post a bond #ith the ureau

of &ines in the a"ount to be fi!ed

b( the Director based on the t(pe

of the and and the vaue of the

trees, pants and other e!isting

i"prove"ents thereon sha be

the basis of the co"pensation of

the surface o#ner of the and and

occupant thereof in the

appropriate cases "entioned in

Sec. 0*. The order of the Director

"a( be appeaed #ithin five =9>

da(s fro" receipt thereof to the

secretar( #hose decision sha be

fina. The appea, ho#ever, sha

not sta( the Order. =Sec. 0, &RD)

09.>

6residentia Decree No. 90* provides for the

"anner of co"pensating the surface o#ner in this

#ise<

SEC. /. The o#ner of a titedpropert( #ithin #hich "inera

deveop"ent or e!poitation is

underta8en sha be entited to at

east one)third =0A/> of the tota

ro(at( due the cai"o#ner fro"

the operator based on the

prevaiing standard ro(at( in the

area #here said "ining operation

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is being underta8en, or one

percent =0 > of the vaue of the

gross output of "ineras therein

#here there is no prevaiing

standard ro(at( or in an( other

case #here no ro(at( pa("ent is

invoved or has been arranged<

Provided, That such ando#ner

"a( choose to receive pa("ent

for an( da"age caused to his

propert( and co"pensation for his

and at the prevaiing "ar8et price

or assessed vaue, #hichever is

higher, pus five percent =9> of

the ro(at( due the cai"o#ner on

the vaue of gross output of

"etaic "ineras therein<

Provided, furter , That if the right

of the surface o#ner to his and is

based on inco"pete and tites,

as ho"esteads, saes, eases and

other for"s of and right not

perfected under the torrens

s(ste", the surface right

co"pensation sha be one) fifth

=0A9> of the tota ro(at( due the

cai"o#ner fro" the operator, or

da"ages and pa("ent of the and

pus three percent =/> of the

ro(at( due the said cai"o#ner,

or si!) tenths =?A04> of one

percent =0> of the vaue of gross

output as above stated<

Provided, finall!, That the rate of

ro(at( herein set sha app( on(

in cases of the e!poration,

deveop"ent and e!poitation of

"etaic ores. &etaic ores shabe those containing "etas, such

as god, copper, siver, iron, nic8e

and other "ineras #hich the

Director of &ines "a( deter"ine

as such b( reguation.

Section / is i"pe"ented in the foo#ing

provisions of the C&'O<

SEC. 0*. Compensation of te

%urfa"e &'ner and &""upant . @

In the absence of an agree"ent,

the surface o#ner of the and and

occupant thereof sha be entited

to seect one of the foo#ing

co"pensations<

'. For titled lands(

=0> In the case of

prospecting,

ocation or

e!poration of

"ining cai")therentas for use

and occupanc( of

the and pus the

vaue of trees,

pants and other

i"prove"ents

that are da"aged

or destro(ed, or

=*> In the case of

deveop"ents

and e!poitation

of "ining cai"s

at the option of

the surface

o#ner and

occupant =a> one)

third =0A/> of the

ro(at( due the

cai"o#ner

based on the

prevaiing

standard of ro(at( in the

area, or #hen

there is no

prevaiing

standard of

ro(at(, etc. =b>

da"age to the

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trees, pants and

other

i"prove"ents

pus five percent

=9> of the

ro(at( due the

cai"o#nerB or

=c> sae of the

and at the fair

"ar8et vaue of

the and or its

assessed vaue,

#hichever is

higher.

.. For land 'it in"omplete titles(

=0> In case of prospecting,

ocation or

e!poration of

"ining cai"s the

renta for the use

and occupanc( of

the and pus the

vaue of trees,

pants and other

i"prove"ents

that are da"aged

or destro(ed, or

=*> In the case of

deveop"ents

and e!poitation

of "ining cai"s

@ at the option of

the surface

o#ner and

occupant =a> one)

fifth =0A9> of the

ro(at( due thecai"o#ner fro"

the "ining

operator, or =b>

the vaue of the

trees, pants and

other

i"prove"ents

that are da"aged

or destro(ed pus

three percent

=/> of the

ro(at( due the

cai"o#ner, or =c>

si!)tenths =?A0 4>

of one percent

=0> of the vaue

of the gross

output, or =d> the

fair "ar8et vaue

of his rights to the

and.

The co"pensation referred to

above based on ro(at( sha be

pa(abe b( the cai"o#ner, #hie

the inco"pete tite to andsreferred to in subparagraph

sha "ean those possessor(

rights #hich can ripen into rights

of o#nership registerabe under

Torrens S(ste".

SEC. 0/. )oluntar! A$reements.

@ The vountar( agree"ent

bet#een a surface o#ner and

occupant and the prospector,

ocator, cai"o#ner or "ining

operator per"itting the atter to

enter into and use his and sha

be registered #ith the &ines

Regiona Office and the Office of

the Register of Deeds concerned.

The said agree"ent sha be

binding upon the parties, their

heirs, successors and assigns

=Sec. 0, &RD)09>.

SEC. 0+. Compensation in Cases

of *on+Metalli" &res. @ The rateof co"pensation, ro(at(, or

pa("ent for da"ages to be paid

to the and o#ner in cases of the

e!poration, deveop"ent,

e!poitation of non)"etaic ores

e!tracted #ithin his and sha be

fi!ed b( the Director as he "a(

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dee" after proper hearing of the

parties concerned.

5e hod that the ureau of &ines and -eo)

Sciences under its organic a#, 6residentia

Decree No. 0*20, has jurisdiction to deter"ine the

co"pensation pa(abe to the surface o#ners. The

Regiona Tria Court has no authorit( to "a8e that

deter"ination in the first instance.

To e!pedite "atters, the co"paint of respondents

Ra$ue Enri$ue%, et a., of #hich the ureau of

&ines and -eo)Sciences had aread( been

furnished, shoud be indorsed to its Regiona

Director in the ico Region for hearing in

accordance #ith its Office circuar No. &RD ++,

series of 0129.

5;EREORE, the petition is granted. The order

den(ing the order of dis"issa is reversed and set

aside. The Regiona Court is per"anent(

enjoined fro" hearing Civi Case No. 2+)+34. No

costs.

SO ORDERED.

Maasiar -Cairman, Abad %antos, Es"olin and

Cuevas, JJ., "on"ur.

Con"ep"ion Jr., J., too no part.

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91. Rajah Lahuy Mining vs. Pajares