Beruflich Dokumente
Kultur Dokumente
OF
AGRICULTURE AND NATURAL RESOURCES, ET AL.
November 7, 1979 | Aquino, J. | Due process Cardinal Primary
Rights
SUMMARY: Zambales Chromite group sought to be declared the
rightful locators of 69 mining claims in Zambales.
Director of Mines Gozon dismissed the case.
Petitioners appealed to the Secretary of Natural Resources
(SANR). Pending appeal, Gozon was appointed as the SANR.
He then reviewed his own decision and dismissed petitioners
appeal. Petitioners brought the case to the CFI and it ruled that
delicadeza is not a ground for disqualification of the Secretary to
review his own decision.
The CA reversed on the basis that the petitioners had validly
located the said mining claims. However, on MR, it set aside its
first decision on the ground that Sec. Gozons decision was void,
and remanded the case to the Minister of Natural Resources to
review Gozons decision.
SC held that Sec. Gozon acted with grave abuse of discretion in
reviewing his decision as Director of Mines.
DOCTRINE: The reviewing officer must be other than the officer
whose decision is under review; otherwise, there could be no
different view or there would be no real review of the case. The
decision of the reviewing officer would be a biased view;
inevitably, it would be the same view since being human, he would
not admit that he was mistaken in his first view of the case. That is
the obvious, elementary reason behind the disqualification of a
trial judge, who is promoted to the appellate court, to sit in any
case wherein his decision or ruling is the subject of review
FACTS:
Zambales Chromite Mining Co., Inc. (group of Gonzalo Nava,
petitioners) filed a case and sought to be declared the rightful
and prior locators and possessors of 69 claims located in Sta.
Cruz, Zambales. Respondents filed a demurrer to evidence.
Oct. 5, 1960 On the basis of petitioners evidence, Director
Gozon dismissed the case. He found that the petitioners did not