Αποτελέσματα Αναζήτησης
10 Αυγ 2024 · Title: Didipio Earth-Savers Multi-Purpose Association, Inc. (DESAMA) et al. vs. Elisea Gozun et al. Facts: 1. **Promulgation of Executive Order No. 279**: On July 25, 1987, President Corazon Aquino issued Executive Order No. 279, authorizing the DENR Secretary to entertain proposals from foreign investors for technical or financial assistance contracts for mineral resources. 2. **Enactment […]
The case involves a petition for prohibition and mandamus filed by Didipio Earth-Savers' Multi-Purpose Association, Inc. (DESAMA) and several individuals, including farmers and indigenous peoples. The respondents include Elisea Gozun, Secretary of the Department of Environment and Natural Resources (DENR), and other officials.
It recognized that there exists a live controversy regarding the constitutionality of the Mining Act due to the significant public interest involved, particularly concerning mining operations affecting local communities.
This document provides a summary of the case Didipio v. Gozun, which addressed the constitutionality of the Philippine Mining Act of 1995. The key points are: 1) Petitioners challenged the constitutionality of the Mining Act and a Financial Technical Assistance Agreement between the government and a mining corporation.
Dismissing this issue, the Court held that there was a live controversy involving a clash of legal rights, because Republic Act 7942 had been enacted, DAO 96-40 approved, and FTAAs entered into. The FTAA holders were already operating in various provinces of the country.
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The Supreme Court ruled against Didipio Earth Savers in their challenge of the constitutionality of the Philippine Mining Act of 1995 (RA 7942) and its implementing rules.