G.R. No. 45826; June 27, 1938
DAMASO P. PEREZ, ET AL., petitioners, vs. CEFERINO HILARIO, Judge of First Instance of Cagayan, ET AL., respondents.
FACTS
Respondents filed a complaint (Civil Case No. 2165) in the Court of First Instance of Cagayan against petitioners concerning priority in the location of certain mining claims. Petitioners filed a petition for certiorari seeking to annul all proceedings in that case, arguing that the court lacked jurisdiction. They contended that under Section 61 of Commonwealth Act No. 137, conflicts arising from mining locations must first be submitted to the Director of the Bureau of Mines before resorting to the courts.
ISSUE
Whether Section 61 of Commonwealth Act No. 137 deprives the Court of First Instance of its general jurisdiction to take cognizance of mining conflicts originally, requiring parties to first submit the dispute to the Bureau of Mines.
RULING
No. The Supreme Court denied the petition. Section 61 uses the permissive term “may be submitted,” not a mandatory requirement. The provision does not withdraw the general jurisdiction of courts over such controversies. Its purpose is to afford parties an optional, prompt administrative remedy. Since the law itself allows an appeal to the courts if a party disagrees with the administrative decision, and no special appellate procedure is provided, the ordinary procedure applies as if the case were originally filed in court. Requiring prior administrative submission would be purposeless and merely prolong litigation if the parties ultimately seek judicial resolution.
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