Mining permits the pmrb did not resolve the same but

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Mining Permits, the PMRB did not resolve the same, but issued Resolution Nos. 05-08 to 05- 11 on August 8, 2005, resolving to submit to the Provincial Governor of Bulacan the Application for Small-Scale Mining Permits of Eduardo Mercado, Benedicto Cruz, Lucila Valdez and Gerardo Cruz for the granting of the said permits. After the Provincial Governor of Bulacan issued the Small-Scale Mining Permits on August 10, 2005, AMTC appealed the Resolutions of the PMRB giving due course to the granting of the Small-Scale Mining Permits by the Provincial Governor. Hence, the decision of the DENR Secretary, declaring that the Application for Exploration Permits of AMTC was valid and may be given due course, and canceling the Small-Scale Mining Permits issued by the Provincial Governor, emanated from the power of review granted to the DENR Secretary under R.A No. 7076 and its Implementing Rules and Regulations. The DENR Secretary’s power to review and therefore, decide, in this case, the issue on the validity of the issuance of the Small-Scale Mining Permits by the Provincial Governor as recommended by the PMRB, is a quasi-judicial function, which involved the determination of what the law is, and what the legal rights of the contending parties are, with respect to the matter in controversy and, on the basis thereof and the facts obtaining, the adjudication of their respective rights. The DENR Secretary exercises quasi-judicial function under R.A. No. 7076 and its Implementing Rules and Regulations to the extent necessary in settling disputes, conflicts or litigations over conflicting claims. The quasi-judicial function of the DENR Secretary can neither be equated with “substitution of judgment” of the Provincial Governor in issuing Small-Scale Mining Permits nor “control” over the said act of the Provincial Governor as it is a determination of the rights of AMTC over conflicting claims based on law. In determining whether Section 17 (b)(3)(iii) of the Local Government Code of 1991 and Section 24 of R.A. No. 7076 are unconstitutional, the Court has been guided by Betran v. The Secretary of Health , (476 SCRA 168 [2005]). In this case, the Court finds that the grounds raised by petitioner to challenge the constitutionality of Section 17 (b)(3)(iii) of the Local Government Code of 1991 and Section 24 of R.A. No. 7076 failed to overcome the constitutionality of the said provisions of law.
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POLITICAL LAW CASE DIGESTS 132 ALCANTARA v. COMELEC G.R. No. 203646, April 16, 2013 En Banc , Brion, J. DOCTRINE: - Constitutional Law; COMELEC’s jurisdiction; Under the Constitution, the COMELEC is empowered to register political parties. More specifically, as part of its power to enforce and administer laws relative to the conduct of an election, the COMELEC possesses the power to register national regional, and sectoral parties or organizations or coalitions for purposes of the party-list system of elections. It is the party- list group’s registration under the party -list system that confers juridical personality on the party-list group for election related purposes.
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