Case Summary (G.R. No. 226176)
Petitioner and Respondent
Petitioners: NCIP and the named indigenous claimants.
Respondent: Macroasia Corporation, through its assignee Macroasia Mining Corporation.
Key Dates
- March 17, 2006: NCIP issues Certificate of Compliance following Field-Based Investigation.
- April 21, 2010: Pala’wan ICC/IP leaders execute Joint Resolution of Consent and MOA.
- February 23, 2012: NCIP En Banc denies reconsideration of Resolution No. 001-2012.
- March 14, 2016: Court of Appeals issues Amended Decision directing NCIP to grant Certification Precondition.
- August 9, 2016: CA denies NCIP’s motion for reconsideration.
- June 7, 2019: Macroasia Corporation assigns rights under MPSA to Macroasia Mining.
- February 1, 2023: Parties execute Compromise Agreement.
- August 9, 2023: Supreme Court grants Joint Motion to Render Judgment based on Compromise Agreement.
Applicable Law
1987 Philippine Constitution provisions on indigenous cultural communities and property rights; Republic Act No. 8371 (Indigenous Peoples’ Rights Act of 1997); DENR Administrative Order No. 21-10 and AO No. 03-2012 governing MPSA assignments and Free, Prior, Informed Consent (FPIC).
Facts of the Dispute
Macroasia Corporation secured MPSA No. 220-2005-IVB for mineral exploration in Palawan and conducted Field-Based Investigation and FPIC processes. NCIP regional and validation teams recommended a Certification Precondition after obtaining consent from directly and indirectly affected barangay ICC/IP leaders. The NCIP En Banc, however, denied the Certification Precondition on grounds of incomplete investigation in indirectly affected areas.
Procedural History
Macroasia petitioned the CA for review of NCIP’s En Banc resolution. The CA directed NCIP to issue the Certification Precondition. NCIP’s motion for reconsideration was denied. NCIP and its officers filed a Petition for Review on Certiorari (Rule 45, Rules of Court) before the Supreme Court. Before resolution, parties agreed to settle the case by compromise.
Terms of the Compromise Agreement
- A separate FBI/FPIC was conducted in August 2022 for Barangays Aribungos and Barong-barong, validated by NCIP.
- Joint Resolutions of Consent were secured from ICC/IPs of all directly and indirectly affected barangays.
- Directly affected ICC/IP leaders reaffirmed their support in a Pinagkaisang Pahayag dated November 12, 2022.
- Macroasia Mining committed social support to the barangays during the pandemic.
- Macroasia Mining to pursue all necessary permits; NCIP to review and guide compliance.
- Parties to jointly file a Joint Motion for Judgment based on the Compromise Agreeme
Case Syllabus (G.R. No. 226176)
Factual Background
- In December 2005, Macroasia Corporation received Mineral Production Sharing Agreement (MPSA) No. 220-2005-IVB covering 1,114 hectares in Barangays Ipilan, Mambalot, and Maasin, Palawan.
- Under the old mining law conversion, Macroasia conducted exploration and sought permits from the Mines and Geosciences Bureau (MGB).
- The MGB endorsed Macroasia’s application for mining and development permits to NCIP for the Free and Prior Informed Consent (FPIC) process—a prerequisite for Certification Precondition.
- On March 17, 2006, NCIP issued a Certificate of Compliance after Macroasia completed the Field Based Investigation (FBI).
- In March 2010, NCIP’s regional office directed a full FPIC for the Pala’wan Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) of Ipilan, Mambalot, and Maasin, culminating in:
• A Joint Resolution of Consent and a Memorandum of Agreement/Kalatas ng Kasunduan on April 21, 2010.
• An FPIC Team recommendation for Certification Precondition. - NCIP’s Regional Review Team (RRT) called for further validation and FPIC of indirectly affected barangays (Aribungos, Barong-barong).
- A Validation Team (Feb 28, 2011) reaffirmed FPIC compliance; yet, NCIP En Banc Resolution No. 001-2012 denied Certification Precondition, citing the need for a separate FBI for Aribungos and Barong-barong.
Procedural Posture
- Macroasia petitioned the Court of Appeals (CA) via CA-G.R. SP No. 124632.
- On March 14, 2016, the CA issued an Amended Decision directing NCIP to grant the Certification Precondition.
- NCIP’s motion for reconsideration was denied b