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La Bugal-B'Laan Tribal Association, Inc., Vs Victor O. Ramos, Secretary, Denr G.R. No. 127882 January 27, 2004

1) The petitioners filed a case challenging the president's signing of an agreement with WMCP covering 99,387 hectares of land for mining. 2) The petitioners argue that the agreement violates the constitution by allowing inequitable sharing of wealth. 3) The petitioners' theory would require the government to enter into two separate contracts for financial and technical assistance over the same mining area, which would result in an absurd outcome not intended by the constitution.

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87 views1 page

La Bugal-B'Laan Tribal Association, Inc., Vs Victor O. Ramos, Secretary, Denr G.R. No. 127882 January 27, 2004

1) The petitioners filed a case challenging the president's signing of an agreement with WMCP covering 99,387 hectares of land for mining. 2) The petitioners argue that the agreement violates the constitution by allowing inequitable sharing of wealth. 3) The petitioners' theory would require the government to enter into two separate contracts for financial and technical assistance over the same mining area, which would result in an absurd outcome not intended by the constitution.

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ba delle
Copyright
© © All Rights Reserved
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LA BUGAL-B'LAAN TRIBAL ASSOCIATION, INC.

,
VS VICTOR O. RAMOS, SECRETARY, DENR
G.R. No. 127882      
January 27, 2004

On March 30, 1995, the President entered into an FTAA with WMCP
covering 99,387 hectares of land in South Cotabato, Sultan Kudarat, Davao del Sur
and North Cotabato.

Petitioners thus filed the present petition for prohibition and mandamus,
with a prayer for a temporary restraining order alleging that in signing and
promulgating DENR Administrative Order No. 96-40 implementing Republic Act
No. 7942, the latter being unconstitutional in that it allows the inequitable sharing
of wealth contrary to Section 1, paragraph 1, and Section 2, paragraph 4, Article
XII, of the Constitution;

Petitioners contend that, consistent with the provisions of Section 2, Article


XII of the Constitution, the President may enter into agreements involving "either
technical or financial assistance" only. The agreement in question, however, is a
technical and financial assistance agreement.

Such a theory of petitioners would compel the government (through the


President) to enter into contract with two (2) foreign-owned corporations, one for
financial assistance agreement and with the other, for technical assistance over one
and the same mining area or land; or to execute two (2) contracts with
only one foreign-owned corporation which has the capability to provide both
financial and technical assistance, one for financial assistance and another for
technical assistance, over the same mining area. Such an absurd result is definitely
not sanctioned under the canons of constitutional construction.

Surely, the framers of the 1987 Charter did not contemplate such an absurd
result from their use of "either/or." A constitution is not to be interpreted as
demanding the impossible or the impracticable; and unreasonable or absurd
consequences, if possible, should be avoided.

Badelle Jaraya Ampan


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