IRAC Dissertation

Anne Bustamante | Gela Gaffud | Noel Geologo | Kaye Rosario| Karen Umangay Narra versus Redmont

G. R. No . 195580

April twenty-one, 2014


Respondent Redmont Consolidated Mines Corp. (Redmont), a Filipino corporation, wanted to embark on mining actions in Palawan but learned that the areas that sought to learn were previously covered by the Mineral Production Sharing Arrangement (MPSA) applying petitioners Narra Nickel Exploration and Development Corp. (Narra), Tesoro Exploration and Advancement, Inc. (Tesoro) and McArthur Mining, Inc. (McArthur). In January 2, 2007, surveys takers filed petitions for the denial of said applications before the Panel of Arbitrators (POA) from the Department of Environment and Natural Solutions (DENR), alleging that MBM Resources, Incorporation. (MBMI), a 100% Canadian corporation, possesses and controls at least 60% of the petitioners' capital stock. Therefore, under the Constitution1, they are disqualified from engaging in mining activities through MPSAs and may just enter into Economic or Technical Assistance Negotiating (FTAA). About June 12-15, 2007, petitioners had their individual MPSA applications transformed into FTAAs, that have been granted, yet were subsequently revoked about April six, 2011. Petitioners averred that: (1) they may be " certified persons” within the Philippine Mining Act of 1995 (Mining Act)2; (2) their nationality is immaterial because additionally, they applied for FTAAs; (3) within the " control test, ” they are Filipino nationals since Filipinos own 60% with their capital; (4) POA does not have jurisdiction within the issues in respondent's request; and (5) respondent does not have personality to sue all of them.

Procedural Background:

On December 14, 3 years ago, the POA issued a Resolution disqualifying petitioners from increasing MPSAs. Petitioners appealed with the Mines Licitation Board (MAB), which reversed the POA Resolution. Respondent appealed the MAB decision before the The courtroom of Appeals (CA), which in turn: (1) bought the change of the MAB decision; (2) upheld the POA Quality...

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