G.R. No. 276215 - NARRA NICKEL MINING AND DEVELOPMENT CORPORATION, MCARTHUR MINING, INC., AND TESORO MINING AND DEVELOPMENT, INC., VS. REDMONT CONSOLIDATED MINES CORPORATION, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AS REPRESENTED BY SECRETARY MA. ANTONIA YULO LOYZAGA.

Ruling

accordingly unqualified to engage in any mining operations in the Philippines. [11] Narra Nickel et al. sought reconsideration, but this was denied by the POA in a February 7, 2008 Order. [12] Aggrieved, Narra Nickel et al. interposed an appeal with the Mines Adjudication Board (MAB). [13] On September 10, 2008, the MAB issued an Order reversing and setting aside the December 14, 2007 Resolution and the February 7, 2008 Order of the POA, thereby dismissing the petitions of Redmont Consolidated. The MAB held that the POA did not acquire jurisdiction to rule on the respective nationalities of Narra Nickel et al. [14] Aggrieved, Redmont Consolidated appealed to the CA. [15] On October 1, 2010, the CA rendered a Decision partially granting Redmont Consolidated's Petition and upholding the findings of the POA that Narra Nickel et al. are foreign corporations, which justifies the outright rejection of their applications. Narra Nickel et al. elevated the case to this Court, docketed as G.R. No. 195580 entitled " Narra Nickel Mining and Development Corp. v. Redmont Consolidated Mines Corp ." (MPSA case). [16] On April 5, 2010, during the pendency of the MPSA case, the conversion of Narra Nickel et al.'s respective MPSA applications to FTAA applications were approved by the Office of the President (OP). Accordingly, then Executive Secretary Leandro R. Mendoza, on behalf of the Republic of the Philippines, and Narra Nickel et al. executed FTAA No. 05-2010-IV-B (MIMAROPA). [17] On appeal by Redmont Consolidated, the OP issued a Decision revoking Narra Nickel et al.'s FTAA Applications. [18] The OP opined that it was clothed with authority to cancel the subject FTAA applications, as the grant of exclusive power to the President of the Philippines to enter into agreements concerning mining operations also carries with it the authority to cancel them. The OP disposed as follows: WHEREFORE, premises considered, the petition and supplemental petition are hereby GRANTED and the AFTA-IV-B-007, AFTA-IV-B-008[,] and AFTA-IV-B-009 issued on [April 5, 2010] to respondents Narra Nickel Mining Corporation, McArthur Mining Inc.[,] and Tesoro Mining Development Corporation are CANCELED and REVOKED. Further, the Secretary of the Department of Environment and Natural Resources and the Director of the Mines and Geosciences Bureau [is] hereby DIRECTED to ISSUE a CEASE and DESIST Order immediately upon receipt of this Order to all respondents from further conducting any mining and/or exploration activities in all mentioned areas. Accordingly, the Exploration Permit Application of Petitioner Redmont Consolidated Mining Corporation shall be GIVEN DUE COURSE, subject to compliance with provisions of the mining law and its implementing rules and regulations. [19] Narra Nickel et al. filed a Petition for Review with the CA, which was dismissed in a Decision. Thus, Narra Nickel et al. raised the matter with this Court in a Petition for Review on Certiorari , which was docketed as G.