This case has been cited 2 times or more.
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2015-12-08 |
VELASCO JR., J. |
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| In Narra Nickel Mining and Development, Corp. v. Redmont Consolidated Mines, Corp.,[112] the Court held that the "control test" is the prevailing mode of determining whether or not a corporation is Filipino. Under the "control test," shares belonging to corporations or partnerships at least 60% of the capital of which is owned by Filipino citizens shall be considered as of Philippine nationality.[113] It is only when based on the attendant facts and circumstances of the case, there is, in the mind of the Court, doubt in the 60-40 Filipino-equity ownership in the corporation, that it may apply the "grandfather rule."[114] | |||||
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2015-01-28 |
VELASCO JR., J. |
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| The April 21, 2014 Decision did not dilute, much less overturn, this Court's pronouncements in either Gonzales or Philex Mining that POA's jurisdiction "is limited only to mining disputes which raise questions of fact," and not judicial questions cognizable by regular courts of justice. However, to properly recognize and give effect to the jurisdiction vested in the POA by Section 77 of the Philippine Mining Act of 1995,[26] and in parallel with this Court's ruling in Celestial Nickel Mining Exploration Corporation v. Macroasia Corp.,[27]the Court has recognized in its Decision that in resolving disputes "involving rights to mining areas" and "involving mineral agreements or permits," the POA has jurisdiction to make a preliminary finding of the required nationality of the corporate applicant in order to determine its right to a mining area or a mineral agreement. | |||||