CASE DIGEST

G.R. NUMBER
PETITIONER La bugal-B’laan Tribal Association, Inc.

RESPONDENT DENR Secretary Ramos

FACTS:  Petitioners asked for the Judicial Review of the facts:

o April 9, 1995 – President Ramos Approved R.A. 7924
 Ph Mining Act 1995 – All mineral resources in public and private lands
within the territory and exclusive economic zone of the Republic of
the Ph, are owned by the state
o Before it became effective, President Ramos entered into an FTTA (Financial
and Technical Assistance Agreement)
 Entered into between a contractor and the government for the large
–scale exploration, development, and utilization of gold and other
minerals except for cement, raw minerals, marble, granite, sand and
gavel, and construction aggregates with WMCP (Western Mining
Corporations, Philippines), this is an Australian Mining and
Exploration company
 Department of Environment and Natural Resources Secretary Ramos issued DAO.
9640 which implements rules and regulations on RA 7942
o In regards to RA 7942, it shall be the responsibility of the state to promote
their national exploration, development, and utilization and consecration
through the efforts of the government and the private sector to enhance
national growth in a way that effectively safeguards the environment and
protects the rights of affected communities
o ((DAO – DENR Administrating Order)
 The petitioners sent a letter to DENR Sec. Ramos, to stop the implementation of RA
9742 and DAO 9640
 Due to the inaction of DENR, the petitioners petitioned for mandamus and
prohibition assailing the constitutionality of RA 7942 and DAO 9640
ISSUE/S:  Whether or not WMCP violates RA 7942 and DAO 9640
RULING:  NO, DENR Sec. Ramos issued an order approving the transfer and registration of the
subject FTAA from WMCP to Saguittarius

ARGUMENTS MADE
PETITIONERS CONTENTION
 the petitioners petitioned for mandamus and  WMCP – Sold all its shared in WMCP to
prohibition assailing the constitutionality of Saguittarius Mines (60% owned by the Ph and
RA 7942 and DAO 9640 because the FTTA 40% owned by IndoPhil Resources)
with WMCP violates it:
o Allows a foreign-owned company to
extend more than mere financial or
technical assistance to the state
o Extend the technical financial
assistance