Constitutional

Law I | T. Amin Page 1 of 2

ART. II, Sec. 16. Right to a Balanced and Healthful Ecology Section 57. Expenditure for Community Development and Science and Mining
LNL Archipelago Mineral, Inc. v. Agham Party List | GRNO. 209165. | April Technology. — A contractor shall assist in the development of its mining
12, 2016 community, the promotion of the general welfare of its inhabitants, and the
development of science and mining technology.
RELEVANT DOCTRINES/LAWS:
WRIT OF KALIKASAN Section 69. Environmental Protection. — Every contractor shall undertake an
Rules of Procedure for Environmental Cases. Section 1-2, Rule 7, Part III environmental protection and enhancement program covering the period of the
Section 1. Nature of the writ. — The writ is a remedy available to a natural or mineral agreement or permit. Such environmental program shall be incorporated
juridical person, entity authorized by law, people's organization, non- in the work program which the contractor or permittee shall submit as an
governmental organization, or any public interest group accredited by or accompanying document to the application for a mineral agreement or permit.
registered with any government agency, on behalf of persons whose The work program shall include not only plans relative to mining operations but
constitutional right to a balanced and healthful ecology is violated, or threatened also to rehabilitation, regeneration, revegetation and reforestation of
with violation by an unlawful act or omission of a public official or employee, or mineralized areas, slope stabilization of mined-out and tailings covered areas,
private individual or entity, involving environmental damage of such magnitude aquaculture, watershed development and water conservation; and
as to prejudice the life, health or property of inhabitants in two or more cities or socioeconomic development.
provinces.
FACTS:
Section 2. Contents of the petition. — The verified petition shall contain the This is a petition for review on certiorari assailing the Amended Decision
following: dated 13 September 2013 of the Court of Appeals in CA-G.R. SP No. 00012.
(c) The environmental law, rule or regulation violated or threatened to be
violated, the act or omission complained of, and the environmental damage of 1. Petitioner LNL Archipelago Minerals, Inc. (“LAMI”) is the operator of a
such magnitude as to prejudice the life, health or property of inhabitants in two mining claim located in Sta. Cruz, Zambales. LAMI embarked on a project
or more cities or provinces. to build a private, non-commercial port in Brgy. Bolitoc which is about
25 kilometers away from the mine site.
Section 68 of the Revised Forestry Code, a. A port is a vital infrastructure to the operations of a mining
Sec. 68. Cutting, Gathering and/or Collecting Timber, or Other Forest Products company to ship out ores and other minerals extracted from the
Without License. — Any person who shall cut, gather, collect, remove timber or mines.
other forest products from any forest land, or timber from alienable or disposable 2. LAMI secured the following permits and compliance certificates for the
public land, or from private land, without any authority, or possess timber or port project:
other forest products without the legal documents as required under existing a. DENR Environmental Compliance Certificate
forest laws and regulations, shall be punished with the penalties imposed under b. DENR provisional foreshore lease agreement with LAMI
Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of c. Philippine Ports Authority (PPA) Clearance to Develop a Port
partnerships, associations, or corporations, the officers who ordered the cutting, d. PPA Permit to Construct a Port
gathering, collection or possession shall be liable, and if such officers are aliens, e. PPA Special Permit to Operate a Beaching Facility
they shall, in addition to the penalty, be deported without further proceedings on f. Tree Cutting Permit/Certification from the Community
the part of the Commission on Immigration and Deportation. Environment and Natural Resources Office (CENRO) of the DENR.
3. LAMI was supported by the Zambales Alliance, Bolitoc community, and
Sections 57 and 69 of the Philippine Mining Act even the Sangguniang Bayan of Sta. Cruz. However, the local government

LNL Archipelago Mineral, Inc. v. Agham Party List | Case Digest by T. Amin, created on Aug 24, 2018, submitted on Aug. 27, 2018
Constitutional Law I | T. Amin Page 2 of 2

refused to issue business and mayor’s permits despite complying with The Philippine Mining Act deals with mining operations and
the requirements. Mayor Marty issued an order directing LAMI to refrain other mining activities. Sections 57 and 69 deal with the
from continuing with its clearing works. development of a mining community and environmental
4. DENR Environmental Management Bureau in Region III (DENR-EMB R3) protection covering a mineral agreement or permit.
received a letter dated from Mayor Marty inquiring if the ECC the DENR 2. Did LAMI flatten any mountain and cause environmental damage of
issued in favor of LAMI allowed LAMI to cut trees and level a mountain. such magnitude as to prejudice the life, health or property of
It was found that LAMI violated some of its conditions under the ECC. A inhabitants in two or more cities or provinces? NO, LAMI did not
Notice of Violation (NOV) was issued against LAMI for violation of flatten any mountain which caused environmental damage of such
certain conditions of the ECC with a cease and desist order from further magnitude as to prejudice the life, health or property of inhabitants in
constructing and developing until such time that the ECC conditions two or more cities or provinces.
were fully complied. a. [Section 2 of Rules of Procedure for Environmental Cases]
5. However, DENR found that LAMI's activities in its property would not The Rules are clear that in a Writ of Kalikasan petitioner has the
result to any environmental damage to its surrounding communities and burden to prove the (1) environmental law, rule or regulation
lifted the cease and desist order after LAMI was found to have complied violated or threatened to be violated; (2) act or omission
with the requirements. complained of; and (3) the environmental damage of such
6. Respondent Agham Party List (Agham), through its President, former magnitude as to prejudice the life, health or property of
Representative Angelo B. Palmones (Rep. Palmones), filed a Petition for inhabitants in two or more cities or provinces.
the issuance of a Writ of Kalikasan. Agham alleged that: i. In accusing that LAMI allegedly flattened a mountain,
a. Section 68 of PD No. 705, as amended by Executive Order No. Agham did not cite any law allegedly violated by LAMI
277, or the Revised Forestry Code; and in relation to this claim.
b. Sections 57 and 69 of RA No. 7942, or the Philippine Mining Act ii. Agham did not present any proof to demonstrate that
of 1995 (Philippine Mining Act). the local residents in Zambales, and even the nearby
c. LAMI cut mountain trees and flattened a mountain which serves towns of Pangasinan, complained of any great danger
as a natural protective barrier from typhoons and floods not or harm on the alleged leveling of the land formation
only of the residents of Zambales but also the residents of some which may affect their lives, health or properties.
nearby towns located in Pangasinan. Neither was there any evidence showing of a grave and
real environmental damage to the barangay and the
ISSUES, RULING, AND RATIO surrounding vicinity.
1. Is LAMI’s project violative of the environmental laws as alleged by 1. Witnesses claim that the project “does not in
Agham? NO, LAMI did not violate laws as alleged by Agham. any way affect or cannot affect the Province of
a. [Revised Forestry Code] LAMI was given a Tree Cutting Permit Pangasinan as alleged.”
45 by the CENRO dated 17 April 2012. b. [Existence of a mountain] Mines and Geosciences Bureau,
b. [Philippine Mining Act] These two provisions are inapplicable Geosciences Division of the DENR concluded that the
to this case. First, LAMI is not conducting any mining activity on "mountain" is only an elongated mound.
the port site. LAMI's mine site is about 25 kilometers away from DECISION:
the port site. Second, LAMI secured all the necessary permits Petition GRANTED. Ammended CA decision REVERSED and SET ASIDE. Original
and licenses for the construction of a port and LAMI's activity CA decision, which DENIED the petition for the issuance of the privilege of the
was limited to preparatory works for the port's construction. Writ of Kalikasan. Is REINSTATED AND AFFIRMED

LNL Archipelago Mineral, Inc. v. Agham Party List | Case Digest by T. Amin, created on Aug 24, 2018, submitted on Aug. 27, 2018