DOJ Opinion No. 164, s. 1990

DOJ OPINION NO. 164 , s. 1990 September 11, 1990 Secretary Elfren S. Cruz Presidential Management Staff PMS Bldg., Malacaang Annex Arlegui St., Manila Sir : This refers to your request for our comments and recommendations on the legal issues surrounding the continued implementation of the Mt. Apo Geothermal Project in North Cotabato. prcd Specifically, you seek resolution of the following legal issues, to wit: 1. Possible violation of existing law (P.D. No. 705) since the Mt. Apo Project is located inside a National Park. 2. Legality of a possible Presidential Proclamation segregating the Project from the National Park. 3. Violation of possible international commitment/agreement since the Mt. Apo National Park is included among the ASEAN Heritage Sites. We are constrained to refrain from expressing our views on the afore-said legal issues. It is noted that the Presidential Adviser on Legal and Judicial Affairs has conducted an exhaustive study and has adopted a definite stand on the matter. To render opinion thereon would unavoidably involve a review of said position. The Secretary of Justice has no revisory authority over the opinions/rulings of co-equal and coordinate officials and it would be improper to re-examine the position taken unless said officials of the government themselves should request our opinion on the same questions (Secretary of Justice Opns. No. 31, s. 1984, No. 52, s. 1989). prcd Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary