8.121582-2006-Alvarez_v._PICOP_Resources_Inc.20190603-5466-eno5cr.pdf - FIRST DIVISION[G.R No 162243 HON HEHERSON ALVAREZ substituted by HON ELISEA G

8.121582-2006-Alvarez_v._PICOP_Resources_Inc.20190603-5466-eno5cr.pdf

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FIRST DIVISION [G.R. No. 162243. November 29, 2006.] HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and in her capacity as Secretary of the Department of Environment and Natural Resources Natural Resources, petitioner , vs . PICOP RESOURCES, INC. . INC., respondent . [G.R. No. 164516. November 29, 2006.] PICOP RESOURCES, INC. PICOP RESOURCES, INC., petitioner , vs . HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and Natural Resources of Department Resources, respondent . [G.R. No. 171875. November 29, 2006.] THE HON. ANGELO T. REYES (formerly Hon. Elisea G. Gozun), in his THE HON. ANGELO T. REYES (formerly Hon. Elisea G. Gozun), in his capacity as Secretary of the Department of Environment and capacity as Secretary of the Department of Environment and Natural Resources (DENR) Natural Resources (DENR), petitioner , vs . PAPER INDUSTRIES CORP. OF THE PHILIPPINES (PICOP) OF THE PHILIPPINES (PICOP), respondent . D E C I S I O N D E C I S I O N CHICO-NAZARIO CHICO-NAZARIO, J p : On the line are three consolidated Petitions, all arising from the 11 October 2002 Quezon City Regional Trial Court (RTC) Decision 1 granting the Petition for Mandamus ?led by Paper Industries Corporation of the Philippines (PICOP). The Court of Appeals [email protected] the 11 October 2002 RTC Decision, with modi?cation, in a 19 February 2004 Decision. 2 In G.R. No. 162243, then Department of Environment and Natural Resources (DENR) Secretary Heherson T. Alvarez, who was later successively substituted by subsequent DENR Secretaries Elisea G. Gozun and Angelo T. Reyes, assails the 19 February 2004 Decision insofar as it granted the Petition for Mandamus . In G.R. No. 164516, PICOP assails the same Decision insofar as it deleted the imposition of damages against then Secretary Alvarez. Secretary Reyes filed a third Petition docketed as G.R. No. 171875, assailing the 16 December 2004 Amended Decision 3 of the Court of Appeals lifting the Writ of Preliminary Injunction that enjoined the enforcement of the 11 October 2002 Decision and 10 February 2003 Orders of the RTC. FACTS The facts, culled from the records of the three consolidated petitions, are as follows: On 24 May 1952, PICOP's predecessor, Bislig Bay Lumber Co., Inc. (BBLCI) was CD Technologies Asia, Inc. © 2019 cdasiaonline.com
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granted Timber License Agreement (TLA) No. 43. 4 The TLA was amended on 26 April 1953 and 4 March 1959. As amended, TLA No. 43 covers an area of 75,545 hectares in Surigao del Sur, Agusan del Sur, Compostela Valley, and Davao Oriental. Allegedly sometime in 1969, the late President Ferdinand E. Marcos issued a presidential warranty to BBLCI, con?rming that TLA No. 43 "de?nitely establishes the boundary lines of [BBLCI's] concession area." 5 TLA No. 43, as amended, expired on 26 April 1977. It was renewed on 7 October 1977 for another 25 years to "terminate on April 25, 2002." 6 On 23 December 1999, then DENR Secretary Antonio H. Cerilles promulgated DENR Administrative Order (DAO) No. 99-53 which had for its subject, the "Regulations
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