I-R-A-C

Case Analysis Format

ISSUE – RULES – ANALYSIS – CONCLUSION

Donna Zapa – Gasgonia

June 2023
I–R–A-C

Atty Donna Z Gasgonia 3

I–R–A–C vs Common Decision
Format

Atty Donna Z Gasgonia 5

Before you start writing the case digest: READ the case in full. READ it again
then make random notes and highlight words, phrases, sections, paragraphs as
you read.

• Step 1: READ the case in full.

• Step 2: READ it again. While reading mining claim
for the second time: make random
port to ship out
notes and highlight words, phrases, ores
sections, paragraphs. ECC
flatten a
• Step 3: Go back and READ your mountain
notes and the parts of the decision
that you highlighted.

NOTE: Steps 1 to 3 take time. If you

completed the steps in less than half an
hour you are either a genius or you will
be spending more time to read the case
days or weeks later until you fully
understand it.
Writing the Case Digest

LNL Archipelago Minerals Inc. (LAMI) petitioner vs.

AGHAM Party List (represented by its president,
Rep. Angelo B. Palmones), respondent.

G.R. No. 209165, April 12, 2016

ISSUE Statement
• The ISSUE Statement must completely describe the Legal Dispute by answering the question:

Why did the plaintiff/complainant sue the respondent/defendant?

NOTE: The parties must be briefly identified and not merely referred to as plaintiff/complainant and
respondent/defendant.

Whether or not the petition by AGHAM for a Writ of Kalikasan should be granted against
LAMI for cutting trees and flattening a mountain in violation of the Revised Forestry Code
and the Philippine Mining Act
RULES, laws, regulations, policies

List and briefly describe the relevant rules, laws, regulations, policies cited by both parties and the Court

• Sec. 1, Rule 7, Part III RPEC on the Writ of Kalikasan: remedy when the right to a balanced and healthful ecology is
violated or threatened with violation by an unlawful act or omission involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in 2 or more cities or provinces.
• Sec. 2(c), Rule 7, Part III RPEC on the contents of the petition for a Writ of Kalikasan: the environmental law … and
the magnitude of the environmental damage.

• Sec. 68, P.D. 705 Rev.. Forestry Code on illegal logging: Any person who shall cut, … remove timber or forest
products from any … land, without any authority shall be punished with the penalties imposed under Art. 309 and 310
of the Revised Penal Code.

• Sec. 69, R.A. 7942 Mining Act on environmental protection: Every contractor shall undertake an environmental
protection and enhancement program covering the period of the mineral agreement or permit … [including]
rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out and
tailings covered areas …

• UNEP mountain definition: a landform at least 300 meters high.

ANALYSIS of Facts and Arguments/Counter-arguments
ANALYSIS of FACTS
• Write the story of the case: Who? What?
When? Where? How?
• Use a flowchart to reflect the sequence of
events or timeline.
• Find the material facts and discard irrelevant
or very technical data.
• The boxes will force you to use your own
words to describe the events instead of
extensively copy pasting parts of the decision.
ANALYSIS of ARGUMENTS
• From the point of view of the parties, answer
the question: Why?
• Use a table to match the arguments and
counter-arguments to show the opposing
legal perspectives. If a party does not have a
counter-argument, leave the column blank.
• Be sure to identify who is making the
arguments.
ANALYSIS of FACTS

For its port project,

In 2011, LAMI started
LAMI secured: ECC for LAMI secured: DENR
LAMI mining claim in building a port in
its stockpile, provisional foreshore
Sta. Cruz, Zambales, 5 Brgy. Bolitoc, Sta.
causeway and related lease agreement;
June 2007 Cruz to ship out ores
facilities CENRO tree-cutting
from the mines
permit

Sta. Cruz Mayor For its port project,

Marty refused to Bolitoc barangay LAMI secured: PPA
4 other mining
issue business and officials and clearance to develop
companies issued
mayor’s permits and residents, and SB Sta. and construct a port;
letters to use the
did not accept Cruz endorsed the PPA special permit to
LAMI port
payment of port project operate a beaching
occupation fees facility
ANALYSIS of FACTS, continued

Sta. Cruz Mayor

Bolitoc barangay Marty refused to
4 other mining
officials and issue business and LAMI cut 37 trees
companies issued
residents, and SB Sta. mayor’s permits and (7.64 cu.m) and 44
letters to use the
Cruz endorsed the did not accept trees (6.04 cu.m)
LAMI port
port project payment of
occupation fees

NAMRIA and MGB LAMI bulldozed a landform

Elevated landform is
maps do not show approximately 26 - 23 meters
164 m in length and
any mountain in the high over an area of 1.5
94 m in width almost
area but a hill; the hectares facing the Bolitoc Bay
parallel to the
landmass has no (West Philippine Sea); 16 m
coastline
name like “Mt. x”” higher than the barangay
ANALYSIS of ARGUMENTS/COUNTER-ARGUMENTS

AGHAM LAMI, DENR, PPA

LAMI cut trees without permit in violation of P.D. 705 CENRO issued tree-cutting permit

DENR issued CDO against LAMI for violating its ECC for DENR lifted the CDO based on LAMI’s subsequent
the port project; LAMI had no rehabilitation plan for compliance with ECC requirements; Port construction
the port required under the Mining Act is not covered by the Mining Act
LAMI flattened a mountain to build its port; scraped Elevated landform is an elongated mound; not a
and removed a small mountain mountain or a hill because it is only 26 m high while a
mountain should at least be 300 m high
LAMI port construction will cause soil erosion due to Hill is too small to protect against typhoons or the
its proximity to the sea and protects the barangay monsoon compared to the Sierra Madre; it is located
from typhoons and flooding in the west next to the coast, while floodwaters from
heavy rains from east to west and towards the river
CONCLUSION: ratio decidendi, dispositive portion, resolves the ISSUE

LAMI did not cause any environmental damage that prejudiced the life, health or property of the inhabitants in
Sta. Cruz, Zambales and the province of Pangasinan. AGHAM failed to prove the environmental laws allegedly
violated by LAMI and the magnitude of the environmental damage.

There had been no levelling of a mountain as there is no mountain existing in the port project site. The landform
is an elongated low ridge with a peak of 23 m above sea level.

- J. Carpio, EN BANC