Miners Association v. Factoran, 240 SCRA 100 [Case Digest]

 

Miners Association v. Factoran,

240 SCRA 100

Facts:

            Pursuant to Section 6 of Executive Order No. 279, the DENR Secretary issued on June 23, 1989 DENR Administrative Order No. 57, series of 1989 which provides that "all existing mining leases or agreements which were granted after the effectivity of the 1987 Constitution pursuant to Executive Order No. 211, except small scale mining leases and those pertaining to sand and gravel and quarry resources covering an area of twenty (20) hectares or less, shall be converted into production-sharing agreements within one (1) year from the effectivity of these guidelines."

            In petitioners’ petition for certiorari, they contended that the Secretary of DENR excess his rule-making power because said orders are violated to the non-impairment of contract under Art. III, Sec. 10 of 1987 Phil. Constitution.

 

Issue:

            Whether or not Administrative Orders Nos. 57 & 82 of DENR Secretary are valid.

 

Held:

            Yes.

 

Ratio:

            There is no clear showing that respondent DENR Secretary has transcended the bounds demarcated by Executive Order No. 279 for the exercise of his rule-making power tantamount to a grave abuse of discretion. Section 6 of Executive Order No. 279 specifically authorizes said official to promulgate such supplementary rules and regulations as may be necessary to effectively implement the provisions thereof. Moreover, the subject sought to be governed and regulated by the questioned orders is germane to the objects and purposes of Executive Order No. 279 specifically issued to carry out the mandate of Article XII, Section 2 of the 1987 Constitution.

            It is clear from the aforestated provision that Administrative Order No. 57 applies only to all existing mining leases or agreements which were granted after the effectivity of the 1987 Constitution pursuant to Executive Order No. 211.