GR L 22662; (October, 1969) (Digest)
G.R. No. L-22662; October 30, 1969
PEDRO C. TIANGCO, ABRAHAM POLLOSO, FELICIANO GUESE, ANTONIO E. PASTOR, SOSONTE DIZON, LUCILA VILLALUZ, SIMEON E. PASTOR, RUFINO ANDRADE, GERMAN ROJO, ANTOLIN E. GOJAR and EDUARDO GALAROSA, plaintiffs-appellants, vs. HERCULES IRON MINES DEVELOPMENT, INC., SECRETARY OF AGRICULTURE and NATURAL RESOURCES and THE DIRECTOR OF MINES, defendants-appellees.
FACTS
The plaintiffs-appellants discovered, staked, located, and registered several mining claims in Occidental Mindoro in 1954 and 1958. The defendant-appellee corporation, Hercules Iron Mines Development, Inc., later staked claims over the same area. A conflict arose, leading to Mines Administrative Case No. V-272 (filed by the corporation) and V-273 (where the plaintiffs intervened). The Director of Mines rendered a decision declaring the plaintiffs’ mining claims null and void, which was affirmed by the Secretary of Agriculture and Natural Resources. The plaintiffs received the Secretary’s decision on September 1, 1961. They filed a motion for reconsideration on September 29, 1961, which was denied on November 28, 1961; notice of denial was received on December 8, 1961. On January 5, 1962, the plaintiffs filed a complaint in the Court of First Instance seeking to declare the corporation’s claims void and to compel the mining officials to give due course to their lease applications. The defendants moved to dismiss the complaint on the ground that it was filed beyond the 30-day period prescribed by Section 61 of Commonwealth Act No. 137 (The Mining Act), as amended. The lower court granted the motion and dismissed the complaint.
ISSUE
Whether the lower court correctly dismissed the complaint for having been filed beyond the 30-day period for appeal from the final administrative decision under Section 61 of the Mining Act.
RULING
Yes, the lower court’s dismissal is affirmed. The Supreme Court ruled that the plaintiffs’ action was an appeal from the final decision of the Secretary of Agriculture and Natural Resources under Section 61 of the Mining Act. This provision mandates that any appeal to a court of competent jurisdiction must be filed within thirty (30) days from receipt of the administrative decision; otherwise, the decision becomes final. The Court computed that, excluding the time the motion for reconsideration was pending, fifty-six (56) days elapsed from the plaintiffs’ receipt of the Secretary’s decision until the filing of the court complaint, thereby making the administrative decision final. The Court rejected the plaintiffs’ contention that their action was an original action to quiet title under Section 73 of the Mining Act, explaining that Section 73 applies only where no conflict has been previously submitted and finally decided under Section 61. To allow a separate action under Section 73 after a final Section 61 decision would lead to multiplicity of suits and potentially conflicting final decisions. Therefore, the peremptory 30-day period under Section 61 is mandatory, and the complaint was correctly dismissed for being filed out of time.
