Sunville vs Abad.docx - G.R No 85502 SUNVILLE TIMBER PRODUCTS INC petitioner vs HON ALFONSO G ABAD as Judge RTC Br 22 of Pagadian City COURT OF APPEALS

Sunville vs Abad.docx - G.R No 85502 SUNVILLE TIMBER...

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G.R. No. 85502 February 24, 1992 SUNVILLE TIMBER PRODUCTS, INC., petitioner, vs. HON. ALFONSO G. ABAD, as Judge RTC, Br. 22 of Pagadian City, COURT OF APPEALS, ISIDRO GILBOLINGO AND ROBUSTIANO BUGTAI, respondents. Manuel V. Trinida for petitioner. Adolf Leo P. Boncavil for private respondents. CRUZ, J.: FACTS The petitioner was granted a Timber License Agreement (TLA), authorizing it to cut, remove and utilize timber within the concession area covering 29,500 hectares of forest land in Zamboanga del Sur, for a period of ten years expiring on September 31, 1992. On July 31, 1987, the herein private respondents filed a petition with the Department of Environment and Natural Resources for the cancellation of the TLA and a complaint for injunction with damages on the ground of serious violations of its conditions and the provisions of forestry laws and regulations. The petitioner moved to dismiss this case on three grounds, to wit: 1) the court had no jurisdiction over the complaint; 2) the plaintiffs had not yet exhausted administrative remedies; and 3) the injunction sought was expressly prohibited by section 1 of PD 605. Judge Alfonso G. Abad denied the motion to dismiss on and the motion for reconsideration. The petitioner then elevated the matter to the respondent Court of Appeals, which sustained the trial court decision and denied the motion for reconsideration. The Court of Appeals held that the doctrine of exhaustion of administrative remedies was not without exception and the applicable exception was the urgent need for judicial intervention, which it explained thus: The lower court found out that sometime on July 1981, the City Council of Pagadian in its Resolution No. 111 requested the Bureau of Forest Development to reserve 1,000 hectares in Lison Valley. This request remained unacted upon. Instead in 1982, a TLA covering 29,500 hectares, including the area requested, was given to petitioner. Then the fear expressed by the City Council of Pagadian in its resolution became reality. "As averred in the complaint, the adverse effects of the logging operations of the defendant have already covered a wider area than that feared to be adversely affected by the City Council of Pagadian City.
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