Didipio Earth Savers

Multipurpose Association et al vs
DENR Sec Elisea Gozun et al
Police Power Eminent Domain
In 1987, Cory rolled out EO 279 w/c empowered DENR to stipulate with foreign companies
when it comes to either technical or financial large scale exploration or mining. In 1995,
Ramos signed into law RA 7942 or the Philippine Mining Act. In 1994, Ramos already
signed an FTAA with Arimco Mining Co, an Australian company. The FTAA authorized AMC
(later CAMC) to explore 37,000 ha of land in Quirino and N. Vizcaya including Brgy Didipio.
After the passage of the law, DENR rolled out its implementing RRs. Didipio petitioned to
have the law and the RR to be annulled as it is unconstitutional and it constitutes unlawful
taking of property. In seeking to nullify Rep. Act No. 7942 and its implementing rules DAO
96-40 as unconstitutional, petitioners set their sight on Section 76 of Rep. Act No. 7942 and
Section 107 of DAO 96-40 which they claim allow the unlawful and unjust taking of private
property for private purpose in contradiction with Section 9, Article III of the 1987
Constitution mandating that private property shall not be taken except for public use and the
corresponding payment of just compensation. They assert that public respondent DENR,
through the Mining Act and its Implementing Rules and Regulations, cannot, on its own,
permit entry into a private property and allow taking of land without payment of just
compensation.
Traversing petitioners assertion, public respondents argue that Section 76 is not a taking
provision but a valid exercise of the police power and by virtue of which, the state may
prescribe regulations to promote the health, morals, peace, education, good order, safety
and general welfare of the people. This government regulation involves the adjustment of
rights for the public good and that this adjustment curtails some potential for the use or
economic exploitation of private property. Public respondents concluded that to require
compensation in all such circumstances would compel the government to regulate by
purchase.
ISSUE: Whether or not RA 7942 and the DENR RRs are valid.
HELD: The SC ruled against Didipio. The SC noted the requisites of eminent domain. They
are;
(1) the expropriator must enter a private property;
(2) the entry must be for more than a momentary period.
(3) the entry must be under warrant or color of legal authority;
(4) the property must be devoted to public use or otherwise informally appropriated
or injuriously affected;
(5) the utilization of the property for public use must be in such a way as to oust the
owner and deprive him of beneficial enjoyment of the property.
In the case at bar, Didipio failed to show that the law is invalid. Indeed there is taking
involved but it is not w/o just compensation. Sec 76 of RA 7942 provides for just
compensation as well as section 107 of the DENR RR. To wit,
Section 76. xxx Provided, that any damage to the property of the surface owner, occupant,
or concessionaire as a consequence of such operations shall be properly compensated as
may be provided for in the implementing rules and regulations.
Section 107. Compensation of the Surface Owner and Occupant- Any damage done to the
property of the surface owners, occupant, or concessionaire thereof as a consequence of
the mining operations or as a result of the construction or installation of the infrastructure
mentioned in 104 above shall be properly and justly compensated.
Further, mining is a public policy and the government can invoke eminent domain to
exercise entry, acquisition and use of private lands.