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EN BANC
[G.R. No. 127882. December 1, 2004]
LA BUGAL-BLAAN TRIBAL ASSOCIATION, INC., Represented by its Chairman FLONG MIGUEL M. LUMAYONG; WIGBERTO E. TAADA;
PONCIANO BENNAGEN; JAIME TADEO; RENATO R. CONSTANTINO JR.; FLONG AGUSTIN M. DABIE; ROBERTO P. AMLOY; RAQIM L. DABIE;
SIMEON H. DOLOJO; IMELDA M. GANDON; LENY B. GUSANAN; MARCELO L. GUSANAN; QUINTOL A. LABUAYAN; LOMINGGES D. LAWAY;
BENITA P. TACUAYAN; Minors JOLY L. BUGOY, Represented by His Father UNDERO D. BUGOY and ROGER M. DADING; Represented by His
Father ANTONIO L. DADING; ROMY M. LAGARO, Represented by His Father TOTING A. LAGARO; MIKENY JONG B. LUMAYONG, Represented
by His Father MIGUEL M. LUMAYONG; RENE T. MIGUEL, Represented by His Mother EDITHA T. MIGUEL; ALDEMAR L. SAL, Represented by
His Father DANNY M. SAL; DAISY RECARSE, Represented by Her Mother LYDIA S. SANTOS; EDWARD M. EMUY; ALAN P. MAMPARAIR;
MARIO L. MANGCAL; ALDEN S. TUSAN; AMPARO S. YAP; VIRGILIO CULAR; MARVIC M.V.F. LEONEN; JULIA REGINA CULAR, GIAN CARLO
CULAR, VIRGILIO CULAR JR., Represented by Their Father VIRGILIO CULAR; PAUL ANTONIO P. VILLAMOR, Represented by His Parents JOSE
VILLAMOR and ELIZABETH PUA-VILLAMOR; ANA GININA R. TALJA, Represented by Her Father MARIO JOSE B. TALJA; SHARMAINE R.
CUNANAN, Represented by Her Father ALFREDO M. CUNANAN; ANTONIO JOSE A. VITUG III, Represented by His Mother ANNALIZA A.
VITUG, LEAN D. NARVADEZ, Represented by His Father MANUEL E. NARVADEZ JR.; ROSERIO MARALAG LINGATING, Represented by Her
Father RIO OLIMPIO A. LINGATING; MARIO JOSE B. TALJA; DAVID E. DE VERA; MARIA MILAGROS L. SAN JOSE; Sr. SUSAN O. BOLANIO, OND;
LOLITA G. DEMONTEVERDE; BENJIE L. NEQUINTO;[1] ROSE LILIA S. ROMANO; ROBERTO S. VERZOLA; EDUARDO AURELIO C. REYES; LEAN
LOUEL A. PERIA, Represented by His Father ELPIDIO V. PERIA;[2] GREEN FORUM PHILIPPINES; GREEN FORUM WESTERN VISAYAS (GF-WV);
ENVIRONMENTAL LEGAL ASSISTANCE CENTER (ELAC); KAISAHAN TUNGO SA KAUNLARAN NG KANAYUNAN AT REPORMANG PANSAKAHAN
(KAISAHAN);[3] PARTNERSHIP FOR AGRARIAN REFORM and RURAL DEVELOPMENT SERVICES, INC. (PARRDS); PHILIPPINE PARTNERSHIP FOR
THE DEVELOPMENT OF HUMAN RESOURCES IN THE RURAL AREAS, INC. (PHILDHRRA); WOMENS LEGAL BUREAU (WLB); CENTER FOR
ALTERNATIVE DEVELOPMENT INITIATIVES, INC. (CADI); UPLAND DEVELOPMENT INSTITUTE (UDI); KINAIYAHAN FOUNDATION, INC.; SENTRO
NG ALTERNATIBONG LINGAP PANLIGAL (SALIGAN); and LEGAL RIGHTS AND NATURAL RESOURCES CENTER, INC. (LRC), petitioners, vs.
VICTOR O. RAMOS, Secretary, Department of Environment and Natural Resources (DENR); HORACIO RAMOS, Director, Mines and
Geosciences Bureau (MGB-DENR); RUBEN TORRES, Executive Secretary; and WMC (PHILIPPINES), INC.,[4] respondents.
RESOLUTION
PANGANIBAN, J.:
All mineral resources are owned by the State. Their exploration, development and utilization (EDU) must always be subject to the full
control and supervision of the State. More specifically, given the inadequacy of Filipino capital and technology in large-scale EDU activities,
the State may secure the help of foreign companies in all relevant matters -- especially financial and technical assistance -- provided that, at
all times, the State maintains its right of full control. The foreign assistor or contractor assumes all financial, technical and entrepreneurial
risks in the EDU activities; hence, it may be given reasonable management, operational, marketing, audit and other prerogatives to protect
its investments and to enable the business to succeed.
Full control is not anathematic to day-to-day management by the contractor, provided that the State retains the power to direct overall
strategy; and to set aside, reverse or modify plans and actions of the contractor. The idea of full control is similar to that which is exercised
by the board of directors of a private corporation: the performance of managerial, operational, financial, marketing and other functions
may be delegated to subordinate officers or given to contractual entities, but the board retains full residual control of the business.
Who or what organ of government actually exercises this power of control on behalf of the State? The Constitution is crystal clear: the
President. Indeed, the Chief Executive is the official constitutionally mandated to enter into agreements with foreign owned corporations.
On the other hand, Congress may review the action of the President once it is notified of every contract entered into in accordance with
this [constitutional] provision within thirty days from its execution. In contrast to this express mandate of the President and Congress in the
EDU of natural resources, Article XII of the Constitution is silent on the role of the judiciary. However, should the President and/or Congress
gravely abuse their discretion in this regard, the courts may -- in a proper case -- exercise their residual duty under Article VIII. Clearly then,
the judiciary should not inordinately interfere in the exercise of this presidential power of control over the EDU of our natural resources.
The Constitution should be read in broad, life-giving strokes. It should not be used to strangulate economic growth or to serve narrow,
parochial interests. Rather, it should be construed to grant the President and Congress sufficient discretion and reasonable leeway to
enable them to attract foreign investments and expertise, as well as to secure for our people and our posterity the blessings of prosperity
and peace.
On the basis of this control standard, this Court upholds the constitutionality of the Philippine Mining Law, its Implementing Rules and
Regulations -- insofar as they relate to financial and technical agreements -- as well as the subject Financial and Technical Assistance
Agreement (FTAA).[5]
Background
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