04-6.docx - SUNVILLE TIMBER PRODUCTS INC petitioner vs HON...

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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. GR. No. 85502 February 24, 1992 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.‘ in 1987, herein private respondents filed a petition with the DENR for the cancellation of the TLA on the ground of serious violations of its conditions and the provisions of forestry laws and regulations. The same charges were subsequently made, also by the herein private respondents, in a complaint for injunction with damages against the petitioner. 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 and the motion for reconsideration. The petitioner then elevated the matter to the CA, which sustained the trial court .The CA held that the doctrine of exhaustion of administrative remedies was not without exception and pointed to the several instances approved by this Court where it could be dispensed with. The respondent court found that in the case before it, the applicable exception was the urgent need for judicial intervention. The decision also declared invalid Section 1 of PD 605, which provides: Sec. 1. No court of the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance, approval or disapproval, revocation or suspension of, or any action whatsoever by the proper administrative official or body on concessions, licenses, permits, patents, or public grants of any kind in connection with the disposition, exploitation, utilization, exploration and/or development of the natural resources of the Philippines. This was held to be an encroachment on the judicial power vested in the Supreme Court RULING: The doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before
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the same may be elevated to the courts of justice for review. Non-observance of the doctrine results in lack of a cause of action, which is one of the grounds allowed in the Rules of Court for the dismissal of the complaint. The deficiency is not jurisdictional. Failure to invoke it operates as
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  • Supreme Court of the United States, Injunction, DENR

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