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  • Art. 3 Sec. 10

    Diunggah oleh

    Aliya Safara Ambray
    8 tayangan1 halaman
    - Petitioner sent letters in 1986 seeking reinstatement of its timber license agreement that was cancelled in 1983, revocation of another license issued without public bidding, and permission to take possession of logs found in the concession area. - The Ministry ruled that timber licenses are not contracts under the Constitution's due process clause. It denied petitioner's motion for reconsideration. - The court ruled that timber licenses, permits, and agreements are instruments by which the State regulates forest resources for public welfare and can be amended or rescinded by the Chief Executive when required. They are not deemed contracts under due process and administrative bodies have authority over such matters without court interference.

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    - Petitioner sent letters in 1986 seeking reinstatement of its timber license agreement that was cancelled in 1983, revocation of another license issued without public bidding, and permission to take possession of logs found in the concession area. - The Ministry ruled that timber licenses are not contracts under the Constitution's due process clause. It denied petitioner's motion for reconsideration. - The court ruled that timber licenses, permits, and agreements are instruments by which the State regulates forest resources for public welfare and can be amended or rescinded by the Chief Executive when required. They are not deemed contracts under due process and administrative bodies have authority over such matters without court interference.

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    © All Rights Reserved
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    8 tayangan1 halaman

    Art. 3 Sec. 10

    Diunggah oleh

    Aliya Safara Ambray
    - Petitioner sent letters in 1986 seeking reinstatement of its timber license agreement that was cancelled in 1983, revocation of another license issued without public bidding, and permission to take possession of logs found in the concession area. - The Ministry ruled that timber licenses are not contracts under the Constitution's due process clause. It denied petitioner's motion for reconsideration. - The court ruled that timber licenses, permits, and agreements are instruments by which the State regulates forest resources for public welfare and can be amended or rescinded by the Chief Executive when required. They are not deemed contracts under due process and administrative bodies have authority over such matters without court interference.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 1

    Ysmael vs The Deputy Executive Secretary (1990)

    Facts:
    -Feb 1986: Petitioner sent a letter to the Office of the President and another letter to Minister
    Maceda of the Ministry of Natural Resources seeking:
    1) Reinstatement of its timber license agreement which was cancelled in August 1983 during
    the Marcos administration
    2) Revocation of TLA No. 356 which was issued to Twin Peaks Development and Realty
    Corporation without public bidding and in violation of forestry laws, rules, and regulations
    3) Issuance of an order allowing Petitioner to take possession of all logs found in the
    concession area
    -Petitioner argued that its logging area was re-awarded to other logging concessionaires without a
    formal award or license, as these entities were controlled or owners by relatives of Marcos
    -The Ministry ruled that a timber license was not a contract within the due process clause of the
    Constitution
    -Petitioner moved for reconsideration of the Order reiterating its request that TLA No. 356 issued
    to private responded be declared null and void
    -The Ministry of Natural Resources denied this motion
    -The Logging Ban in Quirino was lifted as per MNR
    -Petitioner appealed from the orders of MNR to the Office of the President
    -The Deputy Exec Sec Macaraig denied petitioner’s appeal and that it was not terminated in the
    MNR

    Issue: W/N Timber licenses, permits and license agreements are contracts

    Ruling: No
    -Timber licenses, permits, and license agreements are the principal instruments by which the State
    regulates the utilisation and disposition of forest resources to the end that public welfare is
    promoted
    -They may be amended, modified, replaced or rescinded by the Chief Executive when national
    interests so require
    -Thus, they are not deemed contracts within the purview of the due process of law clause
    -The administrative bodies have the authority to handle matters within their scope without
    interference by the courts of law
    -They are in better positions to determine issues within their specialty
    -It is an established doctrine that the decisions and orders of administrative agencies have, upon
    their finality, the force and binding effect of a final judgement within the purview of the doctrine
    of res judicata

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