APEX Mining Co. Inc. et al. vs Garcia et al. GR No. 92605

Apex Mining Co. Inc. et al. vs Garcia et al.

GR No. 92605                                                            July 16, 1991

Facts:

The case involves Apex Mining Co., Inc (Apex for brevity) and Marcopper Mining Corp. (Marcopper for brevity), regarding their conflicting mining claims in a forest reservation (timberland). After Marcopper registered its mining claim in the said area, they came to know that the area is within an existing forest reservation established by Proclamation No. 369. They thereafter abandoned their mining claim in the said forest reservation and thereafter applied for a Prospecting Permit before the Bureau of Mines and Geo-Sciences (BMGS for brevity). However, based on the records of BMGS, the said area is also covered by several mining claims of Apex and other Small Scale Miners.

Issue:

Whether or not the disputed area is within a forest reservation.

Ruling:

Yes, Proclamation No. 369 made the said area as a forest reserve. According to Sec. 8 of Act No. 2874 the former Public Land Act empowers the Governor-General to declare lands of public domain to be disposable and also to suspend their concession or disposition. The issuance of the Governor-General of Proclamation No. 369 made the said area a forest reserve (public dominion) and therefore is not disposable. Also, Section 8 and 13 of PD 463 as amended by PD 1385 provides:

Section 8. Prospecting, exploration and exploitation of minerals in reserved lands other than mineral reservations may be undertaken by the proper Government agencies. In the event of said agencies cannot undertake the prospecting, exploration and exploitation of mineral in reserved lands, qualified persons may be permitted to undertake such prospecting, exploration and exploitation in accordance with the rules and regulations promulgated by the Secretary. xxxxx

xxxxxx

Section 13. No prospecting and exploration shall be allowed:

1. In military, or other Government reservations except when authorized by the proper Government agency concerned.

xxxxx

The court found out that Marcopper complied with the procedural requisite (the Prospecting Permit) for their mining claims while the other Small-Scale Miners and Apex did not comply and therefore they did not acquire valid mining rights.