Case Digest (A.C. No. 10911)
Facts:
In Narra Nickel Mining and Development Corporation, Tesoro Mining and Development, Inc., and McArthur Mining, Inc. v. Redmont Consolidated Mines Corporation, respondent Redmont filed on November 8, 2006 an Application for an Exploration Permit (EP) over areas in Rizal, Bataraza, and Narra, Palawan, only to discover these lands were already covered by Mineral Production Sharing Agreements (MPSAs) held by petitioners’ predecessors. Petitioner Narra Nickel acquired MPSA-IV-I-12 (3,277 ha.) and applied for conversion into FTAA as AFTA-IVB-07 on March 30, 2006; Tesoro acquired MPSA-AMA-IVB-154 (3,402 ha.) and filed AFTA-IVB-08 in May 2007; McArthur likewise filed AFTA-IVB-09 in May 2007 for MPSA-AMA-IVB-153 and EPA-IVB-44 covering 1,782 ha. and 3,720 ha. respectively. Upon DENR Secretary Atienza’s recommendation, the OP approved all FTAA applications on April 5, 2010, and the Republic, through Executive Secretary Mendoza, executed FTAA No. 05-2010-IVB on April 12, 2010. Earlier, on J...Case Digest (A.C. No. 10911)
Facts:
- Application and Acquisition of Mining Rights
- On November 8, 2006, Redmont Consolidated Mines Corporation filed an Exploration Permit (EP) application over areas in Rizal, Bataraza, and Narra, Palawan.
- Petitioners acquired Mineral Production Sharing Agreement (MPSA) applications covering overlapping areas from their predecessors-in-interest (Alpha Resources, Patricia Louise Mining, Sara Marie Mining, Madridejos Mining).
- Conversion to FTAA and Execution
- Narra Nickel converted its MPSA into an FTAA application (AFTA-IVB-07) on March 30, 2006; Tesoro and McArthur filed their FTAA conversion applications (AFTA-IVB-08, AFTA-IVB-09) in May 2007.
- Upon DENR recommendation, the FTAA applications were approved on April 5, 2010, and on April 12, 2010 the Republic (through the Executive Secretary) and petitioners executed FTAA No. 05-2010-IVB.
- Pre-existing Disputes and SC Declaration
- On January 2, 2007, Redmont filed petitions before the DENR‐MGB Panel of Arbitrators to deny petitioners’ MPSA/EP applications, arguing their foreign control.
- In G.R. No. 195580 (April 21, 2014), this Court declared petitioners foreign corporations under the “Grandfather Rule,” and denied reconsideration on January 28, 2015.
- Petition for FTAA Cancellation and Appeals
- On May 7, 2010, Redmont filed a petition with the Office of the President (O.P. Case No. 10-E-229) seeking cancellation of the executed FTAA for alleged misrepresentation and irregularity.
- The Office of the President issued a Decision (April 6, 2011) cancelling the FTAA; the Court of Appeals affirmed that Decision (February 23, 2012) and denied reconsideration (July 27, 2012), prompting this petition for review on certiorari.
Issues:
- Main Issue
- Whether the Court of Appeals correctly affirmed the Office of the President’s cancellation and/or revocation of the FTAA executed between petitioners and the Republic.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)