Republic of the Philippines

18th Judicial Region

REGIONAL TRIAL COURT
Branch ___, Quezon City

ABAKADA MINING CORPORATION (AMC)

Plaintiff
-versus- CIVIL CASE NO. ________
PROVINCIAL GOVERNMENT OF
ZAMBOANGA DEL NORTE
Defendant
x------ ---------- - - ---------x

ANSWER

COME NOW DEFENDANT, PROVINCIAL GOVERNMENT OF ZAMBOANGA DEL NORTE,

through the undersigned counsel, for its Answer to the Petition for Declaratory Relief and Action for
Damages with a prayer for the issuance of a Writ of Preliminary Injunction which was filed by the
herein plaintiff, hereby allege as follows:

I. Provincial Ordinance No. ZN-11-128 prohibiting open-pit mining is a duly issued

ordinance by the Sangguniang Panlalawigan of Zamboanga Del Norte

1. That the ordinance stated hereinbefore is clearly a proper exercise of powers expressly and
impliedly granted, as well as powers necessary, appropriate, or incidental for its efficient and
effective preservation of land resources and to a balance and healthful ecology among its
constituents1.
2. That a local government unit has the authority, within their respective territorial
jurisdiction, to preserve and enhance the right of the people to a balanced ecology. If it
deemed necessary, a local government unit may, through its legislative body, pass an
ordinance in furtherance of its mandate under the General Welfare Clause2. In the case
MMDA vs Garin, G.R. No. 130230, April 15, 2005 3, the Congress has delegated the police
power to the legislative bodies of local government units to enact reasonable rules and
regulation, through an ordinance, in promoting the general welfare of their constituents.
3. That in the case of Ruzol vs. Sandiganbayan, G.R. No. 186739-960, April 17, 2013, citing
the Oposa vs Factoran case, a local government unit may enact ordinances to promote and

1
Section 16 of Republic Act No. 7160 (1991) or “General Welfare” Clause of the Local Government Code
2
Oposa vs. Factoran, G.R. No. 101083, July 30, 1993
3
MMDA vs. Garin, G.R. No. 130230, April 15, 2005 – “Our Congress delegated police power to the LGUs in the Local
Government Code of 1991.15 A local government is a "political subdivision of a nation or state which is constituted by law
and has substantial control of local affairs."16 Local government units are the provinces, cities, municipalities and barangays,
which exercise police power through their respective legislative bodies.”
 enhance the right of its constituents to a balanced ecology and to provide effective and
efficient measures in the exploitation and conservation of natural resources within its
territorial jurisdiction4.

II. The Plaintiff cannot avail of a preliminary injunction pending the finality of the
decision on the validity of Provincial Ordinance No. ZN-11-128 prohibiting open-
pit mining.

4. That the preliminary injunction is defined as an order granted at any stage of an action or
proceeding prior to the judgement or final order, either prohibitory or mandatory 5. Clearly,
the plaintiff cannot avail such writ precisely because the validity, when declared in the
affirmative, will prohibit the plaintiff to proceed with its open-pit mining which the
ordinance sought to prevent.
5. That allowing the open-pit mining to commence while the finality of the decision on the
validity of the said ordinance is pending will cause an irreparable damage on the part of the
defendant6.

6. That the requisites before a preliminary injunction may be issued, a prima facie evidence
or sampling is required to justify its issuance 7. The Environmental Certificate Compliance
presented by the plaintiff, although a valid document for mining projects, is not the
evidence contemplated by the settled jurisprudence as the authority of the local
government of Zamboanga Del Norte has to be given a great weight by virtue of RA 7160.

III. Abakada Mining Corporation cannot sue the provincial government of

Zamboanga Del Norte for damages for lost of profit.

7. That in a long line of settled jurisprudence, a local government unit, being an agent of the
State, cannot be held liable for any damages caused to private entities for its valid exercise
of governmental function. Needless to say, AMC cannot sue the provincial government of
Zamboanga Del Norte for damages precisely because the passage of Provincial Ordinance
No. ZN-11-128 prohibiting open-pit mining is a valid exercise of the latter’s governmental
power under the Local Government Code.
8. That municipal government enjoys the immunity of being sued for damages caused to
private persons in the performance of its duties, unless it is expressly made liable by the
statute8.

4
Id. at 2
5
Section 1, Rule 58 of the Rules of Court
6
Id.
7
Bicol Medical Center vs. Botor, G.R. No. 214073, October 4, 2017
8
Mendoza vs. De Leon et. Al., G.R. No. L- 9596, February 11, 1916
9. That under the foregoing premises, the provincial governor and members of the
Sangguniang Panlalawigan are not personally liable for the enactment of the Ordinance
because they were acted on their sovereign capacity as elected officials of the provincial
government of Zamboanga Del Norte.

PRAYER

For the foregoing claims, Defendant pray an order and/or judgement as follows:

1. Provincial Ordinance No. ZN-11-128 prohibiting open-pit mining be declared as valid

and binding upon the plaintiff;
2. The Petition for Declaratory Relief and Action for Damages be outrightly dismissed for
lack of merit;
3. The action for damages be also dismissed on the same ground;
4. Plaintiff to pay for damages in favor of defendant.

All other relief, just, and equitable under the premises is likewise prayed for.

ARNOLD FELICIO CABRAL

Counsel for the defendant