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SUBJECT: LAW Question . Please do a WRITTEN REPORT about this case. (NARRA NICKEL MINING AND DEVELOPMENT CORP., TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR
SUBJECT: LAW
Question . Please do a WRITTEN REPORT about this case. (NARRA NICKEL MINING AND DEVELOPMENT CORP., TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., PETITIONERS, VS. REDMONT CONSOLIDATED MINES CORP) . REFERENCE:McArthur, Tesoro and Narra. Subsequently, on September 8, 2008, Redmont filed before the Regional Trial Court of Quezon City, Branch 92 (RTC) a Complaint[16] for injunction with application for issuance of a temporary restraining order (TRO) and/or writ of preliminary injunction Redmont prayed for the deferral of the MAB proceedings pending the resolution of the Complaint before the SEC. But before the RTC can resolve Redmont's Complaint and applications for injunctioneliefs, the MAB issued an Order on September 10, 2008, finding the appeal meritorious. the Mines Adjudication Board hereby REVERSES and SETS ASIDE the Resolution dated 14 December 2007 of the Panel of Arbitrators of Region IV-B The Petition filed by Redmont Consolidated Mines Corporation on 02 January 2007 is hereby ordered DISMISSED. Hence, the petition for review filed by Redmont before the CA, assailing the Orders issued by the MAB. On October 1, 2010, the CA rendered a Decision, the dispositive of reads:WHEREFORE, the Petition is PARTIALLY GRANTED. The assailed Orders, dated September 10, 2008 and July 1, 2009 of the Mining Adjudication Board are reversed and set aside. The findings of the Panel of Arbitrators of the Department of Environment and Natural Resources that respondents McArthur, Tesoro and Narra are foreign corporations is upheld and, therefore, the rejection of their applications for Mineral Product Sharing Agreement should be recommended to the Secretary of the DENR. the CA found that there was doubt as to the nationality of petitioners when it realized that petitioners had a common major investor, MBMI, a corporation composed of 100% Canadians. Finally, the CA upheld the findings of the POA in its December 14, 2007 Resolution which considered petitioners McArthur, Tesoro and Narra as foreign corporations. Nevertheless, the CA determined that the POA's declaration that the MPSAs of McArthur, Tesoro and Narra are... void is highly improper.While the petition was pending with the CA, Redmont filed with the Office of the President (OP) a petition dated May 7, 2010 seeking the cancellation of petitioners' FTAAs. The OP rendered a Decision[26] on April 6, 2011, wherein it canceled and... revoked petitioners' FTAAs for violating and circumventing the "Constitution x x x[,] the Small Scale Mining Law and Environmental Compliance Certificate as well as Sections 3 and 8 of the Foreign Investment Act and E.O. 584." The Motion for Reconsideration of the Decision was further denied by the OP in a Resolution [30] dated July 6, 2011. Petitioners then filed a Petition for Review on Certiorari of the OP's Decision and Resolution with the CA, docketed as CA-G.R. SP No. 120409. In the CA Decision dated February 29, 2012, the CA affirmed the Decision and Resolution of the OP. Thereafter, petitioners appealed the same CA decision to this Court which is now pending with a different division. Thus, the instant petition for review against the October 1, 2010 Decision of the CAStep by Step Solution
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