THE SUPREME Court has affirmed with finality its 2007 decision junking the bid of two mining firms to exercise their right over the mining claims of MacroAsia Corporation, a holding firm of tycoon Lucio Tan, covering at least a 1,000-hectare property at Sitio, Linao, Ipilan, Brookes Point, Palawan as it is still subsisting.
In a two-page decision, the SC’s Second Division noted that petitioners Celestial Nickel Mining Exploration Corporation and Blue Ridge Mineral Corporation failed to raise new arguments to warrant reconsideration of its December 19, 2007 decision, which denied the mining firms’ petition seeking the cancellation of Macroasia’s mining contracts, including the two Mineral Production Sharing Agreements (MPSA), granted by former Environment and Department of Environment and Natural Resources Secretary Michael Defensor in favor of Macroasia in 2005.
The SC also dismissed the respective claims of Celestial and BMC for preferential right over Macroasia’s mining claims due to the failure of the latter to fulfill its work obligations stipulated in the contracts.
“Acting on the separate motions for reconsideration of Blue Ridge Mineral Corp. and Celestial Nickel Mining Corp. the Court further resolves to deny the motions for reconsideration with finality, the basic issues raised therein having been duly considered and passed upon by the Court in the aforesaid decision and no substantial argument having been adduced to warrant the reconsideration sought,” the SC stressed.
In its petition filed before the SC, Celestial and Blueridge argued that the Mines and Adjudication Board (MAB) erred when it overturned the decision of the Panel of Arbitrators (POA) of the Bureau of Mines finding Macroasia and another mining firm Lebach not only automatically abandoned their areas but likewise had lost their rights to the mining claims.
The POA granted the petition of Celestial to cancel the seven mining lease contracts of Macroasia and gave the said mining firm the preferential right to the mining areas formerly operated by the Tan company.
The POA also upheld Blueridge petition but only against the mining lease contract areas of Lebach. It gave Blueridge priority right to the Lebach’s mining claims.
Blueridge appealed POA’s decision to the MAB insisting that it has preferential right not only to the mining claims of Lebach but of Macroasia as well.
Macroasia countered by saying that it did not abandon its mining claims, and even if mining was not listed among its purposes in its amended Articles of Incorporation, it was nevertheless ratified as a secondary purpose by its stockholders in subsequent amendments of its Articles of Incorporation.
Macroasia, likewise, questioned the jurisdiction of the POA in canceling its contracts saying that the power and authority to grant, cancel and revoke mineral agreements is exclusively lodged with the DENR secretary.
The Court of Appeals (CA) 12th Division, in a decision dated April 15, 2005, declared Macroasia’s seven mining contracts as subsisting and rejected Blueridge’s claim for preferential right over said mining claims.
It also upheld the exclusive authority of the DENR to approve, cancel and revoke mineral agreements.
Celestial’s motion for reconsideration was denied by the CA, prompting it to elevate the case before the SC.
On the other hand, the CA 10th Division in a resolution issued on May 18, 2006, granted Blueridge’s petition and reinstated the Oct. 24, 2000 decision of the MAB. It cancelled Macroasia’s lease contracts and granted Blueridge prior and preferential rights.
Macroasia then elevated the case before the SC questioning the decision of the CA’s 10th Division.
However, Blueridge discovered that in December 2005, two MPSAs signed by the DENR secretary had been issued in favor of Macroasia. It subsequently filed a petition before the SC seeking to invalidate the two MPSAs issued to Macroasia.
The SC decided to consolidate all the four cases as they arose from the same facts.
In its ruling, the SC affirmed the decision of the CA’s 12th Division declaring that only the DENR secretary can revoke or cancel mineral agreements under Republic Act 7942 (Philippine Mining Act of 1995).
“Since the POA and MAB have no jurisdiction over the petition for cancellation of existing mining lease contracts to Macroasia, they could not have made any binding pronouncement that Macroasia had indeed abandoned the subject mining claims,” the SC said.
“Besides, it is the DENR secretary who has the authority to cancel Macroasia’s existing mining lease contracts whether on grounds of abandonment or any valid grounds for cancellation,” the SC added.
Likewise, the Court affirmed the validity of the DENR’s grant of two MPSAs to Macroasia in 2005 saying that Blueridge’s claim that it has been accorded preferential right “has no leg to stand” considering its nullification of the ruling of the CA’s 10th Division. (PNA)
Social Markers
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
:: 
