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587 Phil. 42
THIRD DIVISION
[ G.R. No. 159308, September 16, 2008 ]
REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(DENR), PETITIONER, VS. PAGADIAN CITY TIMBER CO., INC.,
RESPONDENT.
DECISION
NACHURA, J.:
This is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court
seeking to nullify and set aside the Decision[2] dated October 18, 2001 and the
Resolution[3] dated July 24, 2003 of the Court of Appeals in CA-G.R. SP No. 59194
entitled "Pagadian City Timber Co., Inc. v. Antonio Cerilles, as Secretary of the
Department of Environment and Natural Resources (DENR) and Antonio Mendoza, as
Regional Executive Director, DENR, Region IX."
The antecedent facts are as follows:
On October 14, 1994, petitioner, through the DENR, and respondent Pagadian City
Timber Co., Inc. executed Industrial Forest Management Agreement (IFMA) No. R-9040[4] whereby petitioner, represented by then Regional Executive Director (RED)
for Region IX, Leonito C. Umali, authorized respondent, represented by its President
Filomena San Juan, to develop, utilize, and manage a specified forest area covering
1,999.14 hectares located in Barangays Langapod, Cogonan, and Datagan,
Municipality of Labangan, Zamboanga del Sur, for the production of timber and other
forest products subject to a production-sharing scheme.
Respondent later submitted the required Comprehensive Development
Management Plan (CDMP) which the DENR approved on August 17, 1995.
and
On October 8, 1998, in response to the numerous complaints filed by members of
the Subanen tribe regarding respondent's alleged failure to implement the CDMP,
disrespect of their rights as an indigenous people, and the constant threats and
harassment by armed men employed by respondent, RED Antonio Mendoza, DENR
Region IX, issued Regional Special Order No. 217 creating a regional team to
evaluate and assess IFMA No. R-9-040.
Thus, the DENR sent a letter dated October 22, 1998 to respondent, giving notice of
the evaluation and assessment to be conducted on the area from October 22-30,
1998 covering the years 1997 and 1998. In the notice, the DENR requested any
representative of the company to appear at the CENRO Office, Pagadian City, and
bring with him documents and maps concerning its IFMA operations.
On October 23, 1998, a DENR Evaluation Team composed of Aniceto Wenceslao
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