1
Alexandra Condominium Corp vs. LLDA On 4 September 2003, LLDA issued an Order requiring TACC to pay
a fine of P1,062,000 representing the penalty from 26 March 1999 to
FACTS: 20 February 2002.TACC filed a petition for certiorari before the Court
of Appeals with a prayer for the issuance of a temporary restraining
Philippine Realty and Holdings, Inc. (PhilRealty) developed, order.
established, and constructed The Alexandra Condominium Complex
from 1987 to 1993. In a Deed of Conveyance dated 18 April 1988, ISSUE:
PhilRealty transferred to The Alexandra Condominium Corporation
(TACC) a parcel of land with an area of 9,876 square meters located Whether the Court of Appeals erred in finding that the petition for
at 29 Meralco Avenue, Pasig City as well as all the common areas of certiorari was prematurely filed.
the project. The land was covered by Transfer Certificate of Title No.
64355. RULING:
PhilRealty obtained building permit necessary for the construction of The doctrine of non-exhaustion of administrative remedies requires
the condominium. PhilRealty undertook the same process for Clusters that resort be first made with the administrative authorities in the
B, C, D, and E. Building Permits and Certificates of Final Inspection resolution of a controversy falling under their jurisdiction before the
and Occupancy were issued for these clusters from 1991 to 1993. On controversy may be elevated to a court of justice for review. A
31 December 1993, upon completion of Buildings E-1 and E-2, premature invocation of a court's intervention renders the complaint
PhilRealty formally turned over the project to TACC. However, without cause of action and dismissible. Executive Order No. 192,
PhilRealty did not turn over the as-built plans for the perimeter which reorganized the DENR, mandates the DENR to "promulgate
drainage layout, the foundation, and the electrical and plumbing layout rules and regulations for the control of water, air and land pollution"
of the project. Thereafter, TACC managed the project through Century and to "promulgate ambient and effluent standards for water and air
Properties Management Corporation. quality including the allowable levels of other pollutants and
radiations." Hence, TACC has an administrative recourse before the
On 24 June 1998, Laguna Lake Development Authority (LLDA) DENR Secretary which it should have first pursued before filing a
advised TACC that its wastewater did not meet government effluent petition for certiorari before the Court of Appeals.
standards as imposed by law.
In a Notice of Violation[4] dated 6 May 1999, LLDA directed TACC
to submit corrective measures to abate or control its water effluents
discharged into the Laguna de Bay. LLDA likewise imposed upon
TACC a daily fine of P1,000 from 26 March 1999 until full cessation
of pollutive wastewater discharge. TACC entered into an agreement G.R. No. 163509. December 6, 2006.*
with World Chem Marketing for the construction of the STP for PICOP RESOURCES, INC., petitioner, vs. BASE METALS
P7,550,000. The construction was completed by the second week of MINERAL RESOURCES CORPORATION, and THE MINES
October 2001. ADJUDICATION BOARD, respondents.
FACTS:
2
In 1987, the Central Mindanao Mining and Development
Corporation (CMMCI for brevity) entered into a Mines On March 10, 1997, private respondent Base Metals amended
Operating Agreement (Agreement for brevity) with Banahaw Banahaw Mining's pending MPSA applications with the Bureau
Mining and Development Corporation (Banahaw Mining for of Mines to substitute itself as applicant and to submit additional
brevity) whereby the latter agreed to act as Mine Operator for documents in support of the application.
the exploration, development, and eventual commercial
operation of CMMCI's eighteen (18) mining claims located in On October 7, 1997, private respondent Base Metals' amended
Agusan del Sur. MPSA applications were published in accordance with the
requirements of the Mining Act of 1995.
Pursuant to the terms of the Agreement, Banahaw Mining filed
applications for Mining Lease Contracts over the mining claims On November 18, 1997, petitioner PICOP filed with the Mines
with the Bureau of Mines. Geo-Sciences Bureau (MGB), Caraga Regional Office No. XIII
an Adverse Claim and/or Opposition to private respondent Base
Since a portion of Banahaw Mining's mining claims was located Metals' application.
in petitioner PICOP's logging concession in Agusan del Sur,
Banahaw Mining and petitioner PICOP entered into a PICOP contends, among others, that its concession area are
Memorandum of Agreement, whereby, in mutual recognition of closed to mining operations as these are within the Agusan-
each other's right to the area concerned, petitioner PICOP Surigao-Davao forest reserve established under Proclamation
allowed Banahaw Mining an access/right of way to its mining No. 369 of then Gov. Dwight Davis. The said area, likewise,
claims. overlaps the wilderness area where mining applications are
expressly prohibited under RA 7586
In 1991, Banahaw Mining converted its mining claims to
applications for Mineral Production Sharing Agreements (MPSA The Panel Arbitrator issued an Order dated December 21, 1998,
for brevity). setting aside the MPSA application of Base Metals
While the MPSA were pending, Banahaw Mining, on December On appeal to the Mines Adjudication Board, the latter set aside
18, 1996, decided to sell/assign its rights and interests over the Panel Arbitrator's order.
thirty-seven (37) mining claims in favor of private respondent
Base Metals Mineral Resources Corporation (Base Metals for This decision of the PA was upheld by the Court of Appeals.
brevity). The transfer included mining claims held by Banahaw
Mining in its own right as claim owner, as well as those covered ISSUE:
by its mining operating agreement with CMMCI. WHETHER OR NOT THE CONCESSION AREA IN DISPUTE
IS OPEN TO MINING ACTIVITIES PURSUANT TO RA 7586,
Upon being informed of the development, CMMCI, as claim OTHERWISE KNOWN AS THE NATIONAL INTEGRATED
owner, immediately approved the assignment made by PROTECTED AREAS SYSTEM ACT OF 1992
Banahaw Mining in favor of private respondent Base Metals,
thereby recognizing private respondent Base Metals as the new HELD:
operator of its claims.
3
The Supreme Court ruled in the affirmative. Under Sec. 5(a) of
RA 7586, the establishment and operationalization of the
System involves, among others, the wilderness areas. However,
despite the fact that portions of the concession area are within
the wilderness area of PICOP, there is no showing that this
supposed wilderness area has been proclaimed, designated or
set aside as such, pursuant to a law, presidential decree,
presidential proclamation or executive order. It should be
emphasized that it is only when this area has been so
designated that Sec. 20 of RA 7586, which prohibits mineral
locating within protected areas, becomes operational.
From the foregoing, there is clearly no merit to PICOP's
contention that the area covered by Base Metals' MPSA is, by
law, closed to mining activities.
