Cruz and Europa v. Secretary of Environment and Natural Resources

pertaining to natural resources. Prohibition will lie to restrain the public officials concerned from implementing the questioned provisions of the IPRA and from disbursing funds in connection therewith if the law is found to be unconstitutional. Likewise, mandamus will lie to compel the Secretary of the DENR to perform his duty to control and supervise the exploration, development, utilization and conservation of the country's natural resources. Consequently, the petition for prohibition and mandamus is not an improper remedy for the relief sought. D. Notwithstanding the failure of petitioners to observe the hierarchy of courts, the Court assumes jurisdiction over the petition in view of the importance of the issues raised therein. Between two courts of concurrent original jurisdiction, it is the lower court that should initially pass upon the issues of a case. That way, as a particular case goes through the hierarchy of courts, it is shorn of all but the important legal issues or those of first impression, which are the proper subject of attention of the appellate court. This is a procedural rule borne of experience and adopted to improve the administration of justice. This Court has consistently enjoined litigants to respect the hierarchy of courts. Although this Court has concurrent jurisdiction with the Regional Trial Courts and the Court of Appeals to issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus and injunction,[56] such concurrence does not give a party unrestricted freedom of choice of court forum. The resort to this Court's primary jurisdiction to issue said writs shall be allowed only where the redress desired cannot be obtained in the appropriate courts or where exceptional and compelling circumstances justify such invocation.[57] We held in People v. Cuaresma[58] that: A becoming regard for judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first level ("inferior") courts should be filed with the Regional Trial Court, and those against the latter, with the Court of Appeals. A direct invocation of the Supreme Court's original jurisdiction to issue these writs should be allowed only where there are special and important reasons therefor, clearly and specifically set out in the petition. This is established policy. It is a policy necessary to prevent inordinate demands upon the Court's time and attention which are better devoted to those matters within its exclusive jurisdiction, and to prevent further over-crowding of the Court's docket x x x.[59] (Emphasis supplied.) IPRA aims to rectify the historical injustice inflicted upon indigenous peoples. Its impact upon the lives not only of the indigenous peoples but also upon the lives of all Filipinos cannot be denied. The resolution of this case by the Court at the earliest opportunity is necessary if the aims of the law are to be achieved. This reason is compelling enough to allow petitioners' invocation of this Court's jurisdiction in the first instance. Substantive Issues Primary Issue The issue of prime concern raised by petitioners and the Solicitor General revolves around the constitutionality of certain provisions of IPRA, specifically Sections 3(a), 3(b), 5, 6, 7, 8, 57, 58 and 59. These provisions allegedly violate Section 2, Article XII of the Constitution, which states: Sec. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural