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Aleja Sibayan Vda. De Pineda, Et Al. Vs. Teodoro Pena, E Al.

ALEJA SIBAYAN VDA. DE PINEDA, CLARA SIBAYAN VDA. DE GADDI, and MIGUELA SIBAYAN RAMENTO, petitioners, vs. The HON. TEODORO PENA, MINISTER OF NATURAL RESOURCES; The HON. JUANITO FERNANDEZ, DIRECTOR OF MINES & GEO-SCIENCES; and the KM. 21 MINING EXPLORATION CORPORATION; The BAGUIO GOLD MINING COMPANY, INC.; ELVIRA DE CARMELO and JOSEPH PALENGAOAN, respondents.

G.R. No. 57665 | 1990-07-02

D E C I S I O N


CORTES, J.:

Assailed in this petition for certiorari and prohibition is that part of the decision of the Director of Mines, affirmed by the Minister of Natural Resources, which declared that petitioners have abandoned and lost their rights over their mining claim.

This case originated from a protest case for alleged overlapping or encroachment between two mining claims.

The relevant facts are as follows:

The "Ped" mining claim was located by Pedro Sibayan in January, 1932. After Sibayan's death, his heirs Miguela and Aleja Sibayan executed a Deed of Extra-Judicial Settlement wherein they waived their rights and interest over...