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S Case
FACTS:
Inc., ruling that ZCM, Inc. did not discover any mineral nor located ISSUE/S:
any mining claims in accordance with
Whether or not Gozon can review and validly affirm his earlier
law. ZCM appealed the decision before the Secretary of Environment decision w/o disturbing due process?
and Natural Resources. During the
HELD:
pendency of the appeal, Director gozon was appointed Secretary of
Environment and Natural Resources. Secretary Gozon cannot review his decision as Director of Mines. A
Secretary of Agriculture and Natural
Gozon in his capacity as Secretary affirmed his decision as Director
of Mines and dismissed the appeal of Resources reviewing his own decision as Director of Mines is a
mockery of administrative justice.
ZCM, Inc.
RATIO:
ZCM then appealed before the CFI of Zambales. The CFI affirmed
the decision of Gozon. In order that the review of the decision of a subordinate officer might
not turn out to be a farce the
RULING OF CFI:
reviewing officer must perforce be other than the officer whose
The disqualification of a judge to review his own decision or ruling decision is under review; otherwise,
(Sec. 1, Rule 137, Rules of Court) does
there could be no different view or there would be no real review of
not apply to administrative bodies; that there is no provision in the the case. The decision of the
Mining Law, disqualifying the
reviewing officer would be a biased view; inevitably, it would be the
Secretary of Agriculture and Natural Resources from deciding an same view since being human, he
appeal from a case which he had
would not admit that he was mistaken in his first view of the case.
decided as Director of Mines; that delicadeza is not a ground for
disqualification. ZCM appealed the case
SINGSON V NLRC