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Republic of the Philippines

SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 79538

October 18, 1990

FELIPE YSMAEL, JR. & CO., INC., petitioner,


vs.
THE DEPUTY EXECUTIVE SECRETARY, THE SECRETARY OF ENVIRONMENT AND
NATURAL RESOURCES, THE DIRECTOR OF THE BUREAU OF FOREST DEVELOPMENT
and TWIN PEAKS DEVELOPMENT AND REALTY CORPORATION, respondents.
Taada, Vivo & Tan for petitioner.
Antonio E. Escober and Jurado Law Office for respondent Twin Peaks
Development Corporation.

FACTS :
Soon after the change of government in February 1986, petitioner sent a letter
dated March 17, 1986 to the Office of the President, and another letter dated
April 2, 1986 to Minister Ernesto Maceda of the Ministry of Natural Resources
[MNR], seeking: (1) the reinstatement of its timber license agreement which was
cancelled in August 1983 during the Marcos administration; (2) the revocation of
TLA No. 356 which was issued to Twin Peaks Development and Realty Corporation
without public bidding and in violation of forestry laws, rules and regulations;
and, (3) the issuance of an order allowing petitioner to take possession of all logs
found in the concession area
That on October 12, 1965, it entered into a timber license agreement
designated as TLA No. 87 with the Department of Agriculture and Natural
Resources, represented by then Secretary Jose Feliciano, wherein it was issued an
exclusive license to cut, collect and remove timber except prohibited species
within a specified portion of public forest land with an area of 54,920 hectares

located in the municipality of Maddela, province of Nueva Vizcaya * from October


12, 1965 until June 30, 1990;
That on August 18, 1983, the Director of the Bureau of Forest Development
[hereinafter referred to as "Bureau"], Director Edmundo Cortes, issued a
memorandum order stopping all logging operations in Nueva Vizcaya and Quirino
provinces, and cancelling the logging concession of petitioner and nine other
forest concessionaires, pursuant to presidential instructions and a memorandum
order of the Minister of Natural Resources Teodoro .
On November 26, 1986, petitioner's supplemental motion for reconsideration was
likewise denied.
Hence, petitioner filed directly with this Court a petition for certiorari, with
prayer for the issuance of a restraining order or writ of preliminary injunction, on
August 27, 1987. On October 13, 1987, it filed a supplement to its petition for
certiorari. Thereafter, public and private respondents submitted their respective
comments, and petitioner filed its consolidated reply thereto. In a resolution
dated May 22, 1989, the Court resolved to give due course to the petition.

Issue:
Whether or not there is a grave abuse of discretion of on the part of public
respondent

Held: The present petition is DISMISSED petitioner having failed to make out a
case showing grave abuse of discretion on the part of public respondents herein,
the Court finds no basis to issue a writ of certiorari and to grant any of the
affirmative reliefs sought.