Scribd Logo
Upload

Welcome to Scribd!

  • 39 views

    Narra Nickel vs. Redmont 2014

    Uploaded by

    Glad B.
    NARRA NICKEL VS. REDMONT SCRA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Narra Nickel vs. Redmont 2014

    Uploaded by

    Glad B.
    39 views1 page
    NARRA NICKEL VS. REDMONT SCRA

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    NARRA NICKEL VS. REDMONT SCRA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    39 views1 page

    Narra Nickel vs. Redmont 2014

    Uploaded by

    Glad B.
    NARRA NICKEL VS. REDMONT SCRA

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 1

    12/12/2018 CentralBooks:Reader

    Close Reader

    SUPREME COURT REPORTS ANNOTATED VOLUME 722

    Information | Reference (POA) over the determination of the qualification of applicants.—


    Nowhere in Section 77 of the Republic Act No. 7942 is there a
    Case Title: grant of jurisdiction to the Panel of Arbitrators over the
    NARRA NICKEL MINING AND determination of the qualification of applicants. The Philippine
    DEVELOPMENT CORP., TESORO
    MINING AND DEVELOPMENT, Mining Act clearly requires the existence of a “dispute” over a
    INC., and MCARTHUR MINING, mining area, a mining agreement, with a surface owner, or those
    INC., petitioners, vs. REDMONT
    CONSOLIDATED MINES CORP., pending with the Bureau or the Department upon the law’s
    respondent. promulgation. The existence of a “dispute” presupposes that the
    Citation: 722 SCRA 382 party bringing the suit has a colorable or putative claim more
    superior than that of the respondent in the arbitration
    More...
    proceedings. After all, the Panel of Arbitrators is supposed to
    provide
    Search Result
    389

    binding arbitration which should result in a binding award either


    in favor of the petitioner or the respondent. Thus, the Panel of
    Arbitrators is a qualified quasi-judicial agency. It does not
    perform all judicial functions in lieu of courts of law.
    Same; Same; Mineral Agreements; View that a mineral
    agreement shall grant to the contractor the exclusive right to
    conduct mining operations and to extract all mineral resources
    found in the contract area.—In Section 26 of the Mining Act, “[a]
    mineral agreement shall grant to the contractor the exclusive
    right to conduct mining operations and to extract all mineral
    resources found in the contract area.” There are three (3) forms of
    mineral agreements: 1. Mineral production sharing agreement
    (MPSA) “where the Government grants to the contractor the
    exclusive right to conduct mining operations within a contract
    area and shares in the gross output [with the] contractor x  x  x
    provid[ing] the financing, technology, management and personnel
    necessary for the implementation of [the MPSA]”; 2. Co-
    production agreement (CA) “wherein the Government shall
    provide inputs to the mining operations other than the mineral
    resource”; and 3. Joint-venture agreement (JVA) “where a joint-
    venture company is organized by the Government and the
    contractor with both parties having equity shares. Aside from
    earnings in equity, the Government shall be entitled to a share in
    the gross output.”
    Same; View that the purpose of the sixty per centum
    requirement is obviously to ensure that corporations or
    associations allowed to acquire agricultural land or to exploit
    natural resources shall be controlled by Filipinos.—The rationale
    for nationalizing the exploration, development, and utilization of
    natural resources was explained by this court in Register of Deeds
    of Rizal v. Ung Siu Si Temple, 97 Phil. 58 (1955), as follows: The
    purpose of the sixty per centum requirement is obviously
    to ensure that corporations or associations allowed to acquire
    agricultural land or to exploit natural resources shall be
    controlled by Filipinos; and the spirit of the Constitution
    demands that in the absence of capital stock, the controlling
    membership should be composed of Filipino citizens.
    Same; Grandfather Rule; View that the conclusion that the
    Grandfather Rule “applies only when the 60-40 Filipino-foreign
    equity ownership is in doubt” is borne by that opinion’s
    consideration

    390

    © Copyright 2018 Central Book Supply, Inc. All rights reserved.

    http://www.central.com.ph/sfsreader/session/00000167a055e11525228ba8003600fb002c009e/t/?o=False 1/1

    You might also like