602 SUPREME COURT REPORTS ANNOTATED Same; Same; Rule is not without exceptions.

—This
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals rule, however, is not without exceptions. In Pajo v. Ago and
G.R. No. 115104. October 12, 1998. *
Ortiz we held: Respondent contends that petitioners should
MACAWIWILI GOLD MINING AND have filed a motion for reconsideration of the order in
DEVELOPMENT CO., INC. and OMICO MINING question, or asked for the dissolution of the preliminary
AND INDUSTRIAL CORPORATION, injunction issued by the trial court, before coming to us.
petitioners, vs. COURT OF APPEALS and PHILEX This is not always so. It is only when the questions are
MINING CORPORATION, respondents. raised for the first time before this Court in a certiorari
Remedial Law; Certiorari; Generally a motion for proceeding that the writ shall not issue unless the lower
reconsideration must be filed before the tribunal, board, or court had first been given the opportunity to pass upon the
officer against whom the writ of certiorari is sought.—It is same. In fine, when the questions raised before this Court
settled that the writ of certiorari lies only when petitioner are the same as those which have been squarely raised in
has no other plain, speedy, and adequate remedy in the and passed upon by, the court below, the filing of a motion
ordinary course of law. Thus, a motion for reconsideration, for reconsideration in said court before certiorari can be
as a general rule, must be filed before the tribunal, board, instituted in this Court, is no longer prerequisite.
or officer against whom the writ of certiorari is sought. Same; Same; The writ of certiorari lies when a court, in
Ordinarily, certiorari as a special civil action will not lie denying a motion to dismiss, acts without or in excess of
unless a motion for reconsideration is first filed before the jurisdiction or with grave abuse of discretion; Meaning of
respondent tribunal, to allow it an opportunity to correct its grave abuse of discretion.—To begin with, the writ of
assigned errors. certiorari lies when a court, in denying a motion to dismiss,
acts without or in excess of jurisdiction or with grave abuse
________________ of discretion. By “grave abuse of discretion” is meant, such
capricious and whimsical exercise of judgment as is
* SECOND DIVISION.
equivalent to lack of jurisdiction. The abuse of discretion
603
must be grave as where the power is exercised in an
VOL. 297, OCTOBER 12, 1998 60
arbitrary or despotic manner by reason of passion or
3
personal hostility and must be so patent and gross as to
Macawiwili Gold Mining and Development Co., Inc. vs. Court of
amount to an evasion of positive duty or to a virtual refusal
Appeals
to perform the duty enjoined by or to act all in Belo, Gozon, Elma, Parel, Asuncion & Lucila for
contemplation of law. Omico Mining & Ind’l. Corp.
Same; Appeals; Summary of the rules on appeals from Roco, Bunag, Kapunan & Migallon for Philex
the judgments of the regional trial courts in civil cases.— Mining Corp.
The rules on appeals from the judgments of the regional David A. Daoas for the heirs of Acquiapao and
trial courts in civil cases may thus be summarized as Pigoro.
follows: (1) Original Jurisdiction—In all cases decided by
the regional trial courts in the exercise of their original MENDOZA, J.:
jurisdiction, appeal may be made to: (a) Court of Appeals—
This is a petition for certiorari to set aside the
where the appellant raises questions of fact or mixed
resolution, dated April 12, 1994, of the Tenth Division
questions of fact and law, by filing a mere notice of
of the Court of Appeals in CA-G.R. CV No. 42120,
appeal.(b) Supreme Court—where the appellant solely
denying petitioners’ motion to dismiss the appeal of
raises questions of law, by filing a petition for review on
private respondent from a ruling of the trial court.
1

certiorari under Rule 45. (2) Appellate Jurisdiction—All

The antecedent facts are as follows:
appeals from judgments rendered by the regional trial
On October 16, 1992, respondent Philex Mining
courts in the exercise of their appellate jurisdiction,
Corporation filed a complaint for expropriation against
whether the appellant raises questions of fact, of law, or
petitioners Macawiwili Gold Mining and Development
mixed questions of fact and law, shall be by filing a petition
Co., Inc. and Omico Mining & Industrial Corporation.
for review under Rule 42.
The complaint, entitled “Philex Mining Corporation v.
604
604 SUPREME COURT REPORTS ANNOTATED Macawiwili Gold Mining and Development Co., Inc., et
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals al.,”was filed before the Regional Trial Court of La
Trinidad, Benguet, where it was docketed as Civil
PETITION for review on certiorari of a decision of the Case No. 92-CV-0727.
Court of Appeals. Based on §53 of P.D. No. 463, Philex Mining sought
to expropriate 21.9 hectares of petitioners’ mining
The facts are stated in the opinion of the Court. areas where the latter’s “Macawiwili claims” are
Feria, Feria, Lugtu & La’O for Macawiwili Gold located. Philex Mining likewise moved for the issuance
Mining Co., Inc. of a writ of preliminary injunc-
________________ of a network of roads, a motorpool facility, a tailings dam and three
bunkhouses. The Department of Environment and Natural Resources-
1 Per Justice Emeterio C. Cui, and concurred in by Justices Fermin A. Martin, Cordillera Administrative Region (DENR-CAR), in pursuance of the
Jr. and Eugenio S. Labitoria. Supreme Court decision is poised to order the removal or demolition of
605 plaintiff’s improvements and to hand possession of the area to defendants
VOL. 297, OCTOBER 12, 1998 605 Macawiwili and Omico. Plaintiff, while admitting the possessory rights of
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals defendant mining companies, stresses that the improvements already
tion to enjoin petitioners from ejecting it (Philex existing thereon are vital to the conduct of its mining operations
Mining) from the mining areas sought to be particularly, its Nevada claims. Thus, it came to court seeking the
expropriated. expropriation of this area pursuant to Section 59 of Presidential Decree
Although a temporary restraining order was No. 463.
initially issued by the Regional Trial Court of La The conflict between the plaintiff and defendant mining companies
Trinidad, Branch X, on November 11, 1992, it denied spans a period of almost 23 years until finally, it reached the Supreme
respondent’s application for a preliminary injunction. Court, the final arbiter of all disputes. The Supreme Court has spoken
On February 18, 1993, the trial court, acting on the and it has awarded to defendants Macawiwili and Omico the portion
motion of petitioners, dismissed the complaint of sought to be expropriated by the plaintiff.
Philex Mining. In its resolution, the trial court stated: 2

To better appreciate the incident submitted for resolution, a review of the ________________
antecedent facts which gave rise to this case is in order.
The decision of the Supreme Court dated October 2, 1991 inPoe 2 Rollo, pp. 90-94.

Mining Association vs. Garcia, 202 SCRA 222 upheld the decision of the 606
then Minister of Natural Resources which was affirmed by the Office of
606 SUPREME COURT REPORTS ANNOTATED
the President. This decision recognized the possessory rights of
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
defendants Macawiwili and Omico over their mining claims located at Can this Court now grant to plaintiff the right to expropriate the very

Tuba and Itogon, Benguet as against Poe Mining Association and land which has been denied it by the decision of the highest court of the

plaintiff herein Philex Mining Corporation as operator. However, on the land?

surface of 21.9 hectares of these mining claims awarded to defendants This Court believes not. To do so would not only be presumptuous of

Macawiwili and Omico, we find improvements of the plaintiff consisting this Court but a patent defiance of the decision of the highest tribunal.
 The plaintiff states that the expropriation is necessary in order for it construct or install any of the facilities mentioned in the next preceding section,
to continue with the operation of its Nevada claims. The improvements the claim owner or lessee may prosecute an action for eminent domain under the
now existing on the land sought to be expropriated consists of a network Rules of Court in the Court of First Instance of the province where the mining
of roads constructed sometime in 1958, a motorpool facility built in 1963, claims involved are
a tailings dam and three (3) two-storey concrete bunkhouses. It is thus 607
clear that these improvements have been existing for quite sometime VOL. 297, OCTOBER 12, 1998 607
now. Aware that these improvements are essential to their mining Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
operations, plaintiff should have initiated expropriation proceedings long situated. In the determination of the just compensation due the claim
before it even started putting up said improvements. Why exercise the owner or owner or occupant of the land, the court shall appoint at least
right of eminent domain only now that the land has been adjudged in one duly qualified mining engineer or geologist to be recommended by
favor of defendant mining companies by no less than the Supreme Court? the Director as one of the commissioners.
It seems the plaintiff, mindful of the Supreme Court decision, would now There are two (2) stages in every action of expropriation. The first is
look for avenues of escape to evade the repercussions of such a decision. concerned with the determination of the authority of the plaintiff to
What it has not achieved through the decision, it tries to gain through exercise the power of eminent domain and the propriety of its exercise in
the power of eminent domain. Clearly, this is forumshopping, plain and the context of the facts involved in the suit. It ends either with an order
simple. Stripped of all its legal niceties, this expropriation proceeding is of dismissal or an order of condemnation. The second phase of the
patently a last ditch effort on the part of the plaintiff to overcome the eminent domain action is concerned with the determination by the court
adverse effects of the Supreme Court decision. of the “just compensation for the property sought to be taken”
Can this Court countenance such a procedure under the guise of the (Municipality of Biñan vs. Hon. Jose Mar Garcia, et al., 180 SCRA 576 as
legal process of expropriation? quoted in National Power Corporation vs. Jocson, G.R. Nos. 94193-99,
No. To agree to it would be to encourage forum-shopping which is February 25, 1992, 206 SCRA 520).
abhorred as there will no longer be any end to any litigation. Going to the first stage of the expropriation proceeding in the case at
Nevertheless, plaintiff asserts that its right to expropriate is distinct bar, the question is: Is the right to expropriate granted to mining
and separate from the rights of Macawiwili and Omico under the companies under Section 59 of P.D. No. 463 an absolute right?
Supreme Court decision, anchoring said right on Section 59 of An examination of Presidential Decree No. 463 would readily show
Presidential Decree No. 463 which states: that Section 59 upon which plaintiff asserts its right to expropriate is
SEC. 59. Eminent Domain.—When the claim owner or an occupant or owner of found under Chapter XI with the heading “Auxiliary Mining Rights.”
private lands refuses to grant to another claim owner or lessee the right to build, From the title alone, it would seem that the right to expropriate is not an
absolute one but a mere auxiliary right. The right of eminent domain surface rights as this is where its improvements are located. But this is
granted to mining companies is given in aid of its mining operations and an illusory dream which cannot be given reality by this Court. It is a
not as a matter of right. Thus, it should be construed strictly against the well-known principle that the owner of a piece of land has rights not only
mining company seeking the right. Thus, taking into context the to its surface but also to everything underneath and the airspace above it
antecedent facts arising from this case, is it proper for plaintiff to to a reasonable height (Art. 437, Civil Code of the Philippines). The
exercise the power of eminent domain? surface area cannot be segregated from the subjacent minerals. There is
Absolutely not. But, granting arguendo that the right of no dividing line between the surface and what is underneath that one
expropriation can be awarded to plaintiff, a bigger question arises on can categorically state that one belongs to the plaintiff while the other
whether a mining company can expropriate land belonging to another forms part of the property of the defendant mining companies. For that is
mining company. It would be absurd if not ridiculous. In the first place, in effect what the plaintiff wants, just the surface area where its
the land would no longer be subject to expropriation. Expropriation improvements are. It would be like dismembering a human body of a
demands that the land be private land. When the Supreme Court lady and awarding the upper part including her bosom to someone while
awarded the possessory rights over the land subject of this case to giving the lower part to another, making it a useless proposition to either
defendants Macawiwili and Omico, it has stripped said land of its private one. For how can defendant mining companies operate their mining
character and gave it its public character, that is, to be utilized for claims when the surface belongs to somebody else and for that matter,
mining operations. Although property already devoted to public use is how will the plaintiff improve the surface area without affecting what is
still subject to expropriation, this underneath?
608 As the Supreme Court stated in the case of Republic vs. Court of
608 SUPREME COURT REPORTS ANNOTATED Appeals, No. L-43938, April 15, 1988, 160 SCRA 228: “Under the (no-
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals conflict) theory of the respondent court, the surface owner will be
must be done directly by the national legislature or under a specific grant planting on the land while the mining locator will be boring tunnels
of authority to the delegate (Constitutional Law by Isagani Cruz, 1989 underneath. The farmer cannot dig a well because he may interfere with
edition, page 64). Section 59 of Presidential Decree No. 463 is not a the mining operations below and the miner cannot blast a tunnel lest he
specific grant of authority given to plaintiff but a mere general authority destroys the crops above. How deep can the farmer, and how high can the
which will not suffice to allow plaintiff to exercise the power of eminent miner, go without encroaching on each other’s right? Where is the
domain. dividing line between the surface and subsurface rights? The Court feels
The plaintiff also states that it does not question the mining rights of that the rights over the land are indivisible and that the land itself
defendant mining companies over the area as it is only interested in the cannot be half agricultural and half mineral. The classification must be
categorical; the land must be either completely mineral or completely the assessed value for taxation purposes. No hearing is required for that
agricultural.” purpose. All that is needed is notice to the owner of the property sought
All told, it is clear that plaintiff has not shown that it has the right to to be condemned.”
expropriate the land subject of this case. Moreover, that land has been Thus, the plaintiff is right in depositing the assessed value of the
placed out of its reach by the Supreme Court decision property as appearing on the tax declaration of defendant Macawiwili as
609 the provisional value of the land sought to be expropriated. While this
VOL. 297, OCTOBER 12, 1998 609 case remains pending, the plaintiff may then withdraw the balance of the
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals Two Million Pesos (P2,000,000.00) from the Philippine National Bank
when it awarded it to defendants Macawiwili and Omico. Both plaintiff after deducting the provisional value of the land amounting to Forty
and defendants are engaged in mining, and the Supreme Court has Eight Thousand Six Hundred Pesos (P48,600.00).
adjudged defendant mining companies to be the owner of the land. This WHEREFORE, premises considered, the Motion to Dismiss filed by
Court now, on the ground of the exercise of the power of eminent domain, defendants Macawiwili Gold Mining and Development Mining Co., Inc.
cannot and will not overwhelm said decision by awarding it to plaintiff. and Omico Mining and Industrial Corporation is granted. This case is
As the other motions have become moot and academic, this Court will hereby DISMISSED without pronouncement as to costs.
no longer delve into them. However, as to the motion for reduction of SO ORDERED.
deposit, the Court will make its last point. In the case of National Power 610
Corporation vs. Jocson, supra, the Supreme Court made this 610 SUPREME COURT REPORTS ANNOTATED
pronouncement: “Presidential Decree No. 42 requires the petitioner, to Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
deposit with the Philippine National Bank in its main office or any of its Philex Mining moved for a reconsideration, but its
branches or agencies, ‘an amount equivalent to the assessed valued of the motion was denied. It then appealed to the Court of
property for purposes of taxation.’ This assessed value is that indicated Appeals.
in the tax declaration. P.D. No. 42 repealed the provisions of Rule 67 of On February 16, 1994, petitioners filed a Motion to
the Rules of Court and any other existing law contrary to or inconsistent Dismiss Appeal on the ground that only questions of
with it. Accordingly, it repealed Section 2 of Rule 67 insofar as the law were involved and, therefore, the appeal should be
determination of the provisional value, the form of payment and the to the Supreme Court. However, the appellate court
agency with which the deposit shall be made, are concerned. P.D. No. 42, denied petitioners’ motion in a resolution, dated April
however effectively removes the discretion of the court in determining 12, 1994. Without filing a motion for reconsideration,
the provisional value. What is to be deposited is an amount equivalent to petitioners filed the instant petition for certiorari.
 Respondent Philex Mining seeks the dismissal of 3 The italicized portions represent the modifications.
the petition on the ground that petitioner should have 611
filed a motion for reconsideration giving the appellate VOL. 297, OCTOBER 12, 1998 611
court an opportunity to correct itself. Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
Rule 65, §1 of the 1964 Rules of Court in part It is settled that the writ of certiorari lies only when
provides: petitioner has no other plain, speedy, and adequate
Section 1. Petition for certiorari.—When any tribunal, board or officer remedy in the ordinary course of law. Thus, a motion
exercising judicial functions has acted without or in excess of its or his for reconsideration, as a general rule, must be filed
jurisdiction, or with grave abuse of discretion and there is no appeal, nor before the tribunal, board, or officer against whom the
any plain, speedy, and adequate remedy in the ordinary course of law, a writ of certiorari is sought.
person aggrieved thereby may file a verified petition in the proper court, Ordinarily, certiorari as a special civil action will not lie unless a motion
alleging the facts with certainty and praying that judgment be rendered for reconsideration is first filed before the respondent tribunal, to allow it
annulling or modifying the proceedings, as the law requires, of such an opportunity to correct its assigned errors. 4

tribunal, board or officer. This rule, however, is not without exceptions. In Pajo
With some modifications, Rule 65, §1 of the 1997 Rules v. Ago and Ortiz we held: 5

of Civil Procedure similarly provides: Respondent contends that petitioners should have filed a motion for
Section 1. Petition for certiorari.—When any tribunal, board or officer reconsideration of the order in question, or asked for the dissolution of
exercising judicial or quasi-judicial functions has acted without or in the preliminary injunction issued by the trial court, before coming to us.
excess of its or his jurisdiction, or with grave abuse of This is not always so. It is only when the questions are raised for the
discretion amounting to lack or excess of jurisdiction, and there is no first time before this Court in a certiorari proceeding that the writ shall
appeal, nor any plain, speedy, and adequate remedy in the ordinary not issue unless the lower court had first been given the opportunity to
course of law, a person aggrieved thereby may file a verified petition in pass upon the same. In fine, when the questions raised before this Court
the proper court, alleging the facts with certainty and praying that are the same as those which have been squarely raised in and passed
judgment be rendered annulling or modifying the proceedings of such upon by, the court below, the filing of a motion for reconsideration in said
tribunal, board or officer, and granting such incidental reliefs as law and court before certiorari can be instituted in this Court, is no longer
justice may require. 3 prerequisite.
In Locsin v. Climaco it was stated:
6

________________
When a definite question has been properly raised, argued, and reconsideration of his contested order would have served no practical
submitted to a lower court, and the latter has decided the question, a purpose. The rule requiring exhaustion of remedies does not call for an
motion for reconsideration is no longer necessary as a condition exercise in futility.
precedent to the filing of a petition for certiorari in this Court. The issues raised by petitioners in this petition are
substantially the same as those asserted by them in
________________ their Motion to Dismiss Appeal, dated February 14,
1994, before the Court of Appeals. The argument that
Lasco v. United Nations Revolving Fund for Natural Resources
respondent has no right to expropriate petitioners’
4

Corporation, 241 SCRA 681, 684 (1995), citing Liberty Insurance Corporation v.
mineral areas under Presidential Decree No. 463 has
Court of Appeals, 222 SCRA 37 (1993).
already been raised, argued, and submitted by
108 Phil. 905, 917 (1960).
petitioners for resolution by the appellate court in
5

26 SCRA 816, 832-33 (1969).

their Motion to Dismiss Appeal. To further file a
6

612
motion for reconsideration before the Court of Appeals
612 SUPREME COURT REPORTS ANNOTATED
would simply be to repeat their arguments. For this
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
reason, we hold that petitioners’ failure to file a motion
And in Central Bank v. Cloribel, it was explained: 7
for reconsideration is not fatal to the allowance of their
It is true that Petitioner herein did not seek a reconsideration of the
action.
order complained of, and that, as a general rule, a petition for certiorari
We therefore come to the main question: Did the
will not be entertained unless the respondent has had, through a motion
Court of Appeals commit grave abuse of discretion in
for reconsideration, a chance to correct the error imputed to him. This
denying petitioners’ Motion to Dismiss Appeal? We
rule is subject, however, to exceptions, among which are the following,
find that it did.
namely: 1) where the issue raised is one purely of law; 2) where public
To begin with, the writ of certiorari lies when a
interest is involved; and 3) in case of urgency. These circumstances are
court, in denying a motion to dismiss, acts without or
present in the case at bar. Moreover, Petitioner herein had raised—in its
in excess of ju-
answer in the main case and in the rejoinder to the memorandum of the
Banco Filipino in support of the latter’s application for a writ of ________________
preliminary injunction—the very same questions raised in the Petition
herein. In other words, Judge Cloribel has already had an opportunity to 7 44 SCRA 307, 314-315 (1972).
consider and pass upon those questions, so that a motion for 613
 VOL. 297, OCTOBER 12, 1998 613 Supreme Court Circular No. 2-90, which is based on
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals the Resolution of the Court En Banc in UDK-9748
risdiction or with grave abuse of discretion. By “grave
8 (Anacleto Murillo v. Rodolfo Consul), March 1, 1990,
abuse of discretion” is meant, such capricious and provides in §4(c) thereof:
whimsical exercise of judgment as is equivalent to lack c) Raising issues purely of law in the Court of Appeals, or appeal by
of jurisdiction. The abuse of discretion must be grave wrong mode.—If an appeal under Rule 41 is taken from the regional trial
as where the power is exercised in an arbitrary or court to the Court of Appeals and therein the appellant raises only
despotic manner by reason of passion or personal questions of law, the appeal shall be dismissed, issues purely of law not
hostility and must be so patent and gross as to amount being reviewable by said Court. So, too, if an appeal is attempted from
to an evasion of positive duty or to a virtual refusal to the judgment rendered by a Regional Trial
perform the duty enjoined by or to act all in
contemplation of law. 9 ________________

Petitioners contend that the Court of Appeals

Marcelo v. Court of Appeals, 235 SCRA 39 (1994).
gravely abused its discretion in denying their motion
8

Planters Products, Inc. v. Court of Appeals, 193 SCRA 563 (1991).

to dismiss the appeal. According to petitioners,
9

614
respondent’s appeal raises only questions of law and,
614 SUPREME COURT REPORTS ANNOTATED
therefore, it should be brought to the Supreme Court
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
by means of a petition for review on certiorari and not,
Court in the exercise of its appellate jurisdiction by notice of appeal,
as Philex Mining did, by bringing an ordinary appeal
instead of by petition for review, the appeal is inefficacious and should be
to the Court of Appeals. Petitioners argue that the
dismissed.
question whether respondent has a right to
expropriate petitioners’ mining areas under §59 of Thus, judgments of the regional trial courts in the
Presidential Decree No. 463 is a question of law. exercise of their original jurisdiction are to be elevated
On the other hand, Philex Mining maintains that to the Court of Appeals in cases where the appellant
the issues raised in its appeal are factual and, raises questions of fact or mixed questions of fact and
therefore, the appellate court is the proper forum for law. On the other hand, appeals from judgments of the
the ventilation of such issues. regional trial courts in the exercise of their original
jurisdiction must be brought directly to the Supreme
Court in cases where the appellant raises only their appellate jurisdiction must be brought to the
questions of law. Court of Ap-
This procedure is now embodied in Rule 41, §2 of 615
the 1997 Rules of Civil Procedure which distinguishes VOL. 297, OCTOBER 12, 1998 615
the different modes of appeal from judgments of Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
regional trial courts as follows: peals, whether the appellant raises questions of fact, of
law, or mixed questions of fact and law.
Modes of appeal.— The rules on appeals from the judgments of the
regional trial courts in civil cases may thus be
1. (a)Ordinary appeal.—The appeal to the Court of Appeals in summarized as follows:
cases decided by the Regional Trial Court in the exercise of its (1) Original Jurisdiction—In all cases decided by
original jurisdiction shall be taken by filing a notice of appeal the regional trial courts in the exercise of their original
with the court which rendered the judgment or final order jurisdiction, appeal may be made to:
appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special 1. (a)Court of Appeals—where the appellant raises
proceedings and other cases of multiple or separate appeals questions of fact or mixed questions of fact and
where the law or these Rules so require. In such cases, the law, by filing a mere notice of appeal.
record on appeal shall be filed and served in like manner. 2. (b)Supreme Court—where the appellant solely
2. (b)Petition for review.—The appeal to the Court of Appeals in raises questions of law, by filing a petition for
cases decided by the Regional Trial Court in the exercise of its review on certiorari under Rule 45.
appellate jurisdiction shall be by petition for review in
accordance with Rule 42. (2) Appellate Jurisdiction
3. (c)Appeal by certiorari.—In all cases where only questions of law All appeals from judgments rendered by the
are raised or involved, the appeal shall be to the Supreme regional trial courts in the exercise of their appellate
Court by petition for review on certiorari in accordance with jurisdiction, whether the appellant raises questions of
Rule 45. fact, of law, or mixed questions of fact and law, shall be
by filing a petition for review under Rule 42.
On the other hand, Rule 42 provides that appeals from
judgments of the regional trial courts in the exercise of
 The question is whether the issues raised in the 2. B.The trial court erred in finding that Philex
appeal of respondent Philex Mining are questions of cannot expropriate land belonging to a mining
law or of fact. company; Section 59 in relation to Section 58 of
[F]or a question to be one of law, the same must not involve an P.D. 463 allows an operator of a mining claim
examination of the probative value of the evidence presented by the to expropriate mining claims or lands owned,
litigants or any of them. And the distinction is well-known: There is a occupied, or leased by other persons or claim
question of law in a given case when the doubt or difference arises as to owners.
what the law is on a certain state of facts; there is a question of fact when 3. C.The trial court erred in finding that Philex is
the doubt or difference arises as to the truth or the falsehood of alleged attempting to subvert the Supreme Court
facts. 10 decision and is engaged in forum-shopping.
Respondent’s assignment of errors before the 11 Philex is merely exercising its rights under the
appellate court should therefore be considered in order law.
to determine the 4. D.The trial court erred in finding that the
expropriation of the land will divide the surface
________________ from the subsurface.
5. E.The trial court erred in dismissing the
Medina v. Asistio, Jr., 191 SCRA 218, 223 (1990), quoting Ramos v. Pepsi-
complaint. Philex’s alternative cause of action
10

Cola Bottling Co. of the P.I., 19 SCRA 289 (1967).

was disregarded.
11 Rollo, pp. 144-171.
616 The respondent’s arguments may thus be summarized
616 SUPREME COURT REPORTS ANNOTATED
as follows:
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals
nature of the questions therein raised. Respondent 1. (1)Section 59, in relation to Section 53 of
Philex Mining argued before the Court of Appeals: Presidential Decree No. 463, expressly grants
respondent the right to expropriate mining
1. A.The trial court erred in finding that Philex claims or lands owned, occupied, or leased by
has no right to expropriate; P.D. 463 expressly other persons once the conditions justifying
grants to Philex, as operator of the Nevada expropriation are present. The power of
claims, the right of eminent domain.
 eminent domain expressly granted under operator of the Poe mining claims, but as
Sections 58 and 59 of P.D. No. 463 is not operator of the Nevada mining claims. 16

inferior to the possessory right of other 2. (4)Respondent’s expropriation of the land will
claimowners. 12 not divide the surface from the subsurface for
2. (2)There is nothing absurd in allowing a mining the reason that respondent seeks to
company to expropriate land belonging to expropriate all rights that petitioners, as well
another mining company. Pursuant to the as the Pigoro heirs, have over the 21.9 hectare
ruling laid down in Benguet Consolidated, Inc. area.17

v. Republic, land covered by mining claims

13 3. (5)The trial court erred in disregarding
may be the subject of expropriation. Moreover, respondent’s alternative cause of action, even
a general grant of the on the assumption that respondent does not
have the right to expropriate, for the reason
________________ that an alternative statement in a pleading, if
sufficient, is not vitiated by the insufficiency of
12 Rollo, pp. 158-163. the other alternative statements. 18

13 143 SCRA 466 (1986).

617 The first four arguments advanced by respondent
VOL. 297, OCTOBER 12, 1998 617 Philex Mining raise the sole issue of whether it has,
Macawiwili Gold Mining and Development Co., Inc. vs. Court of Appeals under Presidential Decree No. 463, the right to
power of eminent domain only means that the court expropriate the 21.9 hectare mining areas where
may inquire into the necessity of the expropriation. 14
petitioners’ mining claims are located. On the other
hand, its final argument raises the issue of whether
1. (3)Respondent could not be held guilty of forum- the rules on the allegation of alternative causes of
shopping or subverting the Supreme Court’s action in one pleading under Rule 8, §1 of the Rules of
decision in Poe Mining v. Garcia. Forum-
15
Court are applicable to special civil actions. These are
shopping, which refers to filing the same or legal questions whose resolution does not require an
repetitious suits, is not resorted to in the examination of the probative weight of the evidence
present case since respondent seeks to presented by the parties but a determination of what
expropriate petitioners’ mining areas, not as
the law is on the given state of facts. These issues raise be annulled is a nullity. (Quiambao vs. National Labor
questions of law which should be the subject of a Relations Commission, 254 SCRA 211 [1996])

________________ ——o0o——

14 Rollo, pp. 163-166.  

15 202 SCRA 222 (1991).
16 Rollo, pp. 166-168.
17 Id., pp. 168-169.
18 Id., pp. 169-170.
618
618 SUPREME COURT REPORTS ANNOTATED
People vs. Ramos
petition for review on certiorari under Rule 45 filed
directly with this Court. The Court of Appeals
committed a grave error in ruling otherwise.
WHEREFORE, the petition is GRANTED, the
challenged resolution of the Court of Appeals is SET
ASIDE, and the appeal of respondent Philex Mining is
DISMISSED.
SO ORDERED.
Regalado (Actg. C.J.,
Chairman), Melo, Puno andMartinez, JJ., concur.
Petition granted, resolution set aside. Appeal of
Philex Mining Corporation dismissed.
Note.—The requirement for a motion for
reconsideration as a condition for filing of a petition for
certiorari does not apply where the decision sought to