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YSMAEL vs. DEPUTY EXECUTIVE SECRETARY


G.R. No. 79538, October 18, 1990

FACTS:
In 1965, petitioner has a timber license agreement designated as TLA No. 87 with
the Department of Agriculture and Natural Resources, 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.
In 1983, the Director of the Bureau of Forest Development Director Cortes issued
a memorandum stopping all logging operations in Nueva Vizcaya and Quirino provinces,
cancelling the logging concession of petitioner, pursuant to presidential instructions and
a memorandum order of the Minister of Natural Resources Pena.

ISSUE:
WON the cancellation of petitioner’s TLA pursuant to presidential instructions is
valid.

RULING:
Yes, the cancellation of petitioner’s TLA pursuant to presidential instructions is
valid.

Sec. 16, Art. II of the 1987 Constitution provides that the State shall protect and
promote the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature. Moreover, it has been established that the courts will not
interfere in matters which are addressed to the sound discretion of government agencies
entrusted with the regulation of activities coming under the special technical knowledge
and training of such agencies.

Timber licenses, permits and license agreements are the principal instruments by
which the State regulates the utilization and disposition of forest resources to the end that
public welfare is promoted. They may be validly amended, modified, replaced or
rescinded by the Chief Executive when national interests so require.

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