GR 195987 Lazaro Javier (Digest)
G.R. No. 195987 , January 12, 2021
PROVINCE OF PAMPANGA, PETITIONER, VS. EXECUTIVE SECRETARY ALBERTO ROMULO AND DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR), RESPONDENTS.
FACTS
The Province of Pampanga challenged the validity of Executive Order No. 224 (2003), entitled “Rationalizing the Extraction and Disposition of Sand and Gravel/Lahar Deposits in the Provinces of Pampanga, Tarlac and Zambales.” EO 224 created a Task Force composed of the Mines and Geosciences Bureau (MGB) Regional Director and the Provincial Governor to accept, process, and evaluate applications for permits to extract industrial sand and gravel/lahar deposits; monitor illegal operations; arrest violators; and collect all applicable local taxes, fees, and charges. The petitioner argued that the EO was ultra vires.
ISSUE
Whether Executive Order No. 224 is valid.
RULING
The concurring opinion of Justice Lazaro-Javier holds that EO No. 224 is valid in its entirety. The opinion provides four main reasons:
1. EO 224 can be “read down” to be consistent with existing laws. It can be interpreted to refer only to (a) quarry operations covering more than five hectares and a production rate of more than 50,000 tons annually and/or with a project cost over P10,000,000.00, falling under the Philippine Mining Act ( R.A. No. 7942 ); or (b) small-scale quarry operations relying on manual labor and simple methods without explosives, falling under the People’s Small-scale Mining Act ( R.A. No. 7076 ). Read this way, its substance is not ultra vires.
2. EO 224 is not ultra vires for tasking the Task Force with collecting fees and taxes. The originating law, R.A. No. 7942 , does not designate city and municipal treasurers as the sole collecting agents; this is only found in the Implementing Rules. EO 224 can be seen as a valid amendment to these rules through the President’s power of executive control over the DENR, the statutory delegate that issued them.
3. Section 4 of EO 224, which involves the Task Force in collection, does not impair the province’s fiscal autonomy. Fiscal autonomy’s core is the ability to create financial sources and allocate proceeds. The Task Force’s role is merely to oversee proper collection to prevent corrupt schemes, such as the use of fake delivery receipts, which were a historical problem in the area.
4. The opinion agrees with the ponencia that lahar deposits are mineral resources owned by the State, not the landowner, and are therefore subject to mining laws and regulations.