Facts:

• The case involves Lepanto Consolidated Mining Company (petitioner) against WMC Resources International Pty. Ltd., WMC Philippines, Inc., and Sagittarius Mines, Inc. (respondents).
• A Financial and Technical Assistance Agreement (FTAA) was executed on March 22, 1995, between the Philippine Government and WMC Philippines for mineral resource exploration and development over approximately 99,387 hectares.
• The FTAA was part of a larger arrangement involving mining claims held by Southcot Mining Corporation, Tampakan Mining Corporation, and Sagittarius Mines, Inc. (collectively known as the Tampakan Companies).
• In 2000, WMC Resources divested its interests in the Columbio FTAA and entered into a Sale and Purchase Agreement with Lepanto for its shares in WMC Philippines, subject to the Tampakan Companies' right of first refusal.
• The Tampakan Companies exercised their right, prompting Lepanto to challenge their action, claiming non-compliance with the Sale and Purchase Agreement terms.
• Lepanto filed for injunction and specific performance against WMC Resources, WMC Philippines, and the Tampakan Companies in the Regional Trial Court of Makati.
• The trial court dismissed the case due to forum shopping, as Lepanto had also sought administrative relief from the Mines and Geo-Sciences Bureau (MGB) regarding the same issues.
• The MGB's review led to a determination that it was exercising quasi-judicial powers, complicating the legal landscape.
• The DENR Secretary later approved the transfer of the Columbio FTAA to Sagittarius Mines, Inc., leading Lepanto to file a Petition for Review with the Office of the President, which was dismissed.
• The case reached the Court of Appeals, which upheld the DENR Secretary's decision.

Issue:

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Ruling:

• The Court ruled that the DENR Secretary had the authority to approve the transfer of the Columbio FTAA to Sagittarius Mines, Inc. without requiring the President's prior approval, as the FTAA was executed before the Philippine Mining Act of 1995 took effect.
• The Court found no violation of Lepanto's right to due process in the FTAA transfer approval process.
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Ratio:

• The Supreme Court emphasized that the Columbio FTAA was executed prior to the enactment of the Philippine Mining Act of 1995, meaning Section 40's requirement for presidential approval did not apply retroactively.
• The Court noted that statutes are generally construed to opera...continue reading