Beruflich Dokumente
Kultur Dokumente
Court of Appeals
106
BED, as the successor to the Energy Development Board (EDB) (abolished by PD 1206),
is tasked with the function of establishing a comprehensive and integrated national
program for the exploration, exploitation and development and extraction of fossil fuels;
adopting a coal devt program; regulating all activities relative thereto; undertaking by
itself or through service contracts such exploitation and development1
PD 1206 provides that the powers and functions of the defunct EDB on the
implementation of PD 972 on coal exploration and devt have been transferred to BED,
provided that coal operating contracts including the transfer or assignment of interest in
said contracts shall require approval of Secretary of Energy2 3
Considering the foregoing, BEDs jurisdiction, in the first instance, to pass upon any
question involving the MOA between IEI and MMIC, a coal-operating contract, should
be sustained
DPJ applies in this case since the question of what coal areas should be exploited and
developed and which entity should be granted coal operating contracts over said areas
involves a technical determination by the BED which has specialized expertise to act on
it. These issues preclude an initial judicial determination
TC does not have competence to decide matters concerning activities on exploration,
exploitation, development and extraction of coal
BUT case is NOT dismissed, only suspended, until after the matters within the
competence of BED are determined.
DISPOSITIVE
Petition denied
Sec. 6, PD 1206 BED shall have the ff powers and functions: Administer a national program for the
encouragement, guidance, and whenever necessary, regulation of such business activity relative to the
exploration, exploitation, development and extraction of fossil fuels such as petroleum and coal
2 Sec. 12, PD 1206
powers and functions transferred to BED:(1) Undertake by itself or through other arrangements, such as
service contracts, the active exploration, exploitation, development, and extraction of energy resources
(2) Regulate all activities relative to the exploration, exploitation, development and extraction of fossil and
nuclear fuels
3 Sec. 8, PD 972
Each coal operating contract herein authorized shall be executed by the EDB
1