Cruz vs.

Secretary, DENR
G.R. No. 135385 | Per Curiam | 6 December 2000
Consultations/Decisions

DOCTRINE: When the votes are equally divided and the majority vote is not obtained, then pursuant to
Sec. 7, Rule 56 of the Rules of Civil Procedure (see notes), the petition shall be dismissed.

RELEVANT FACTS

Petitioners Isagani Cruz and Cesar Europa filed a petition for prohibition and mandamus as citizens and
taxpayers, assailing the constitutionality of certain provisions of the RA 8371 or the Indigenous Peoples Rights
Act of 1997 (IPRA), Petitioners pray for the following:

"(1) A declaration that Sections 3, 5, 6, 7, 8, 52[I], 57, 58, 59, 63, 65 and 66 and other related provisions
of R.A. 8371 are unconstitutional and invalid;

"(2) The issuance of a writ of prohibition directing the Chairperson and Commissioners of the NCIP to
cease and desist from implementing the assailed provisions of R.A. 8371 and its Implementing Rules;

"(3) The issuance of a writ of prohibition directing the Secretary of the Department of Environment and
Natural Resources to cease and desist from implementing Department of Environment and Natural
Resources Circular No. 2, series of 1998;

"(4) The issuance of a writ of prohibition directing the Secretary of Budget and Management to cease
and desist from disbursing public funds for the implementation of the assailed provisions of R.A. 8371;
and

"(5) The issuance of a writ of mandamus commanding the Secretary of Environment and Natural
Resources to comply with his duty of carrying out the State’s constitutional mandate to control and
supervise the exploration, development, utilization and conservation of Philippine natural resources."

When the Justices voted upon the petition, the votes were equally divided. The case was redeliberated
upon. However, after redeliberation, the voting remained the same.

ISSUE:

Whether or not the petition will be granted or dismissed? – DISMISSED.

RATIO DECIDENDI
The petition must be dismissed. When the votes are equally divided and the majority vote is not obtained, then
pursuant to Sec. 7, Rule 56 of the Rules of Civil Procedure, the petition shall be dismissed.

RULING

After due deliberation on the petition, the members of the Court voted as follows:

Seven (7) voted to dismiss the petition. Justice Kapunan filed an opinion, which the Chief Justice and Justices
Bellosillo, Quisumbing, and Santiago join, sustaining the validity of the challenged provisions of R.A. 8371.
Justice Puno also filed a separate opinion sustaining all challenged provisions of the law with the exception of
Section 1, Part II, Rule III of NCIP Administrative Order No. 1, series of 1998, the Rules and Regulations
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Implementing the IPRA, and Section 57 of the IPRA which he contends should be interpreted as dealing with
the large-scale exploitation of natural resources and should be read in conjunction with Section 2, Article XII of
the 1987 Constitution. On the other hand, Justice Mendoza voted to dismiss the petition solely on the ground
that it does not raise a justiciable controversy and petitioners do not have standing to question the
constitutionality of R.A. 8371.

Seven (7) other members of the Court voted to grant the petition. Justice Panganiban filed a separate opinion
expressing the view that Sections 3 (a)(b), 5, 6, 7 (a)(b), 8, and related provisions of R.A. 8371 are
unconstitutional. He reserves judgment on the constitutionality of Sections 58, 59, 65, and 66 of the law, which
he believes must await the filing of specific cases by those whose rights may have been violated by the IPRA.
Justice Vitug also filed a separate opinion expressing the view that Sections 3(a), 7, and 57 of R.A. 8371 are
unconstitutional. Justices Melo, Pardo, Buena, Gonzaga-Reyes, and De Leon join in the separate opinions of
Justices Panganiban and Vitug.

As the votes were equally divided (7 to 7) and the necessary majority was not obtained, the case was
redeliberated upon. However, after redeliberation, the voting remained the same. Accordingly,
pursuant to Rule 56, Section 7 of the Rules of Civil Procedure, the petition is DISMISSED.

NOTES

Section 7, Rue 56 of the Rules of Civil Procedure

Procedure if opinion is equally divided. — Where the court en banc is equally divided in opinion, or the
necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no
decision is reached, the original action commenced in the court shall be dismissed, in appealed cases, the
judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion
shall be denied.

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