[NATRES] Cases Pt.17.docx - B THE LAW ON THE ENVIRONMENT III ENVIRONMENTAL LAWS FOR STUDY A LAWS PROTECTING THE LAND LAND RESOURCES 1 PD 705 REVISED

[NATRES] Cases Pt.17.docx - B THE LAW ON THE ENVIRONMENT...

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B. THE LAW ON THE ENVIRONMENT III: ENVIRONMENTAL LAWS FOR STUDY A. LAWS PROTECTING THE LAND & LAND RESOURCES 1. PD 705/ REVISED FORESTRY CODE OF THE PHILIPPINES 1.5 CONVERSION OF TIMBER LICENSE AGREEMENT TO INTEGRATED FOREST MANAGEMENT AGREEMENT 498 SUPREME COURT REPORTS ANNOTATED Alvarez vs. PICOP Resources, Inc. G.R. No. 162243. November 29, 2006. * HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and Natural Resources, petitioner, vs . PICOP RESOURCES, INC., respondent. G.R. No. 164516. November 29, 2006. * PICOP RESOURCES, INC., petitioner, vs . HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and Natural Resources, respondent. G.R. No. 171875. November 29, 2006. * THE HON. ANGELO T. REYES (formerly Hon. Elisea G. Gozun), in his capacity as Secretary of the Department of Environment and Natural Resources (DENR), petitioner, vs . PAPER INDUSTRIES CORP. OF THE PHILIPPINES (PICOP), respondent. Certiorari; Where a petitioner alleges grave abuse of discretion on the part of the Department of Environment and Natural Resources, it behooves the court to determine the same. —The Court of Appeals ruled: The contention does not hold water. In its petition for mandamus, [PICOP] asserted that “DENR Secretary Alvarez acted with grave abuse of discretion or in excess of his jurisdiction in refusing to perform his ministerial duty to sign, execute and deliver the IFMA contract and to issue the corresponding IFMA number to it.” The cited jurisdiction of the DENR on licencing regulation and management of our environment and natural resources is not disputed. In fact, the petition seeks to compel it to properly perform its said functions in relation to [PICOP]. What is at stake is not the scope of the DENR jurisdiction but the manner by which it exercises or refuses to exercise that jurisdiction. The courts have the duty and power to strike down any official act or omission tainted with grave abuse of discretion. The 1987 Constitution is explicit in providing _______________ * FIRST DIVISION. 499 VOL. 508, NOVEMBER 29, 2006 499 Alvarez vs. PICOP Resources, Inc. that judicial power includes not only the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, but also to determine whether or not there has been grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of any branch or instrumentality of the government. The Court of Appeals is correct. Since PICOP alleges grave abuse of discretion on the part of the DENR Secretary, it behooves the court to determine the same. An outright dismissal of the case would have prevented such determination. Mandamus; Motions to Dismiss; Pleadings and Practice; A motion to dismiss based on lack of cause of action hypothetically admits the truth of the allegations in the complaint. —The MANDAMUS CASE could not have been dismissed outright for lack of cause of action. A motion to dismiss based on lack of cause of action hypothetically admits the truth of the allegations in the complaint. In ruling
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  • Supreme Court of the United States, Injunction, DENR, PICOP, Secretary Heherson T. Alvarez

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