G.R. No. 115104 Macawiwili Gold Mining and Dev. Co., et al v. Court of Appeals CASE DIGEST

Macawiwili Gold Mining and Dev. Co., et al v. Court of Appeals

G.R. No. 115104 October 12, 1998

FACTS:

The Supreme Court recognized the possessory right of Macawiwili and Omico over mining claims in Benguet as against Philex Mining Corp. On the surface of these mining claims,Philex owned improvements consisting of roads, facilities, and bunkhouses that were used byPhilex in its other mining claims. Philex sought to expropriate the surface of the area wherethese improvements were located pursuant to Section 59 of PD 463.

HELD:

The land cannot be expropriated. Expropriation demands that the land be private land.When the Supreme Court awarded the possessory rights over the land to Macawiwili andOmico, it stripped the land of its private character and gave it its public character – to be utilizedfor mining operations. Property already devoted to public use may be expropriated only if donedirectly by the national legislature or under a specific grant of authority to the delegate. Theauthority granted by PD 463 is merely general and will not suffice.

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