Scribd Logo
Upload

Welcome to Scribd!

  • 40 views

    F.celestial Nickel Mining Corporation vs. Macroasia

    Uploaded by

    Benedicto Pintor
    1) In 1973, Macroasia entered into a 25-year mining lease contract with the Secretary of Agriculture and Natural Resources. A petition was later filed to cancel this contract. 2) The Panel of Arbitrators granted the petition and transferred rights to Celestial and later Blue Ridge Mineral Corporation. However, Macroasia argued the POA did not have jurisdiction to cancel mining contracts. 3) The Supreme Court upheld that only the Secretary of the DENR has jurisdiction to cancel mining contracts and privileges based on administrative authority over mineral resources management.

    Copyright:

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

    F.celestial Nickel Mining Corporation vs. Macroasia

    Uploaded by

    Benedicto Pintor
    40 views1 page
    1) In 1973, Macroasia entered into a 25-year mining lease contract with the Secretary of Agriculture and Natural Resources. A petition was later filed to cancel this contract. 2) The Panel of Arbitrators granted the petition and transferred rights to Celestial and later Blue Ridge Mineral Corporation. However, Macroasia argued the POA did not have jurisdiction to cancel mining contracts. 3) The Supreme Court upheld that only the Secretary of the DENR has jurisdiction to cancel mining contracts and privileges based on administrative authority over mineral resources management.

    Original Title

    f.Celestial Nickel Mining corporation vs. Macroasia

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) In 1973, Macroasia entered into a 25-year mining lease contract with the Secretary of Agriculture and Natural Resources. A petition was later filed to cancel this contract. 2) The Panel of Arbitrators granted the petition and transferred rights to Celestial and later Blue Ridge Mineral Corporation. However, Macroasia argued the POA did not have jurisdiction to cancel mining contracts. 3) The Supreme Court upheld that only the Secretary of the DENR has jurisdiction to cancel mining contracts and privileges based on administrative authority over mineral resources management.

    Copyright:

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

    F.celestial Nickel Mining Corporation vs. Macroasia

    Uploaded by

    Benedicto Pintor
    1) In 1973, Macroasia entered into a 25-year mining lease contract with the Secretary of Agriculture and Natural Resources. A petition was later filed to cancel this contract. 2) The Panel of Arbitrators granted the petition and transferred rights to Celestial and later Blue Ridge Mineral Corporation. However, Macroasia argued the POA did not have jurisdiction to cancel mining contracts. 3) The Supreme Court upheld that only the Secretary of the DENR has jurisdiction to cancel mining contracts and privileges based on administrative authority over mineral resources management.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FACTS:

    In 1973, Respondent Macroasia entered into a Mining Lease Contract for a term of 25 years with
    the Secretary of Agriculture and Natural Resources. Herein petitioner then filed a petition to cancel
    said contract as well as other mining claims of respondent on numerous grounds. The Panel of
    Arbitrators (POA) granted the petition and gave Celestial the preferential right to Macroasia’s mining
    areas. On appeal with the Mines Adjudication Board (MAB), it affirmed the ruling but transferred the
    rights to Blue Ridge Mineral Corporation. In a motion for reconsideration, Macroasia questioned the
    jurisdiction of POA in cancelling the mining lease contracts stating that the power is exclusively lodged
    with the DENR Secretary. Subsequently, MAB withdrew its prior decision upholding respondent’s
    contention. Petitioner and Blue Ridge separately appealed. CA upheld the exclusive authority of the
    DENR Secretary to approve, cancel, and revoke mineral agreements. Hence this petition.

    HELD:

    It is only the Secretary of the DENR, not the POA, who has jurisdiction to cancel mining contracts and
    privileges. Such power emanates from his administrative authority, supervision, management, and
    control over mineral resources under Chapter I, Title XIV of Book IV of the Revised Administrative Code
    of 1987. It is the DENR, through the Secretary, that manages, supervises, and regulates the
    use and development of all mineral resources of the country. It has exclusive jurisdiction over the
    management of all lands of public domain, which covers mineral resources and deposits from said lands.
    It has the power to oversee, supervise, and police our natural resources which include
    mineral resources. Derived from this is the power to approve mineral agreements and necessarily to
    cancel or cause to cancel said agreements.

    You might also like