CA upholds Palace termination of Arroyo ‘midnight deal’

THE Court of Appeals (CA) has upheld a decision of Malacañang to annul the “midnight deal” between the Arroyo administration and a nickel mining consortium in Palawan over allegations of violations of several mining laws in three mining sites in the province.

In a 12-page decision penned by Associate Justice Samuel Gaerlan, the CA’s Fifth Division denied the petition filed by Narra Nickel Mining and Development Corporation, Tesoro Mining and Development and McArthur Mining Inc., seeking a reversal of the resolution rendered by the Office of the President on July 6, 2011.

The consortium had been granted a Financial or Technical Assistance Agreement (FTAA) to operate large-scale exploration, development and utilization of minerals in the towns of Rizal, Bataraz and Narra in Palawan.

President Benigno Aquino III cancelled the mining firms’ FTAA based on the complaint filed by another mining firm, Redmont Consolidated Mining Corporation, which alleged that the recommendation and approval of the FTAA in favor of the petitioners were done with grave abuse of discretion.

Redmont said there were violations of the mining law, its rules and regulations, as well as other applicable laws connected with the conversion of petitioners’ mineral production and sharing agreement (MPSA) and exploration permit applications filed in 1991 and 2001, respectively, to FTAA applications in 2007.

But according to the CA, the petitioners failed to substantiate its claim that the Office of the President committed grave abuse of discretion in ordering the revocation of the mining firms’ FTAA on April 6, 2011, and denying their motion for reconsideration in a resolution issued on July 6, 2011.

The CA turned down the argument of the petitioners that the FTAA can no longer be cancelled since it had already been approved by former President and now Pampanga Representative Gloria Macapagal-Arroyo.

It also claimed petitioners cannot argue that the OP cannot cancel their FTAA being one of the contracting parties, citing Section 17.2 of the FTAA, which stated that the same may be cancelled by either party if there was violation of its terms and conditions, failure of the contractor to pay taxes and fees due the government.

“The subject agreement is not merely a contract between private individuals but one entered into by the Republic… As such, public interest demands that a more liberal stance be taken in determining whether respondent (Redmont) possesses locus standi, which is exactly what the OP had done,” the CA ruled.

The CA also said that factual findings made by quasi-judicial bodies and administrative agencies when supported by substantial evidence are accorded great respect and even finality by the appellate courts. This is because administrative agencies possess specialized knowledge and expertise in their respective fields.

“As such, their findings of fact are binding upon this Court unless there is showing of grave abuse of discretion, or where it is clearly shown that they were arrived at arbitrarily or in disregard of the evidence on record,” the Court said.

Likewise, the appellate court did not give credence to the claim of the petitioners of violation of their right to procedural due process.

The fact that petitioners was given the chance to file a motion for reconsideration of the April 6, 2011 decision of the President, although it was eventually denied, only proved that they were not denied due process.

Records showed that the FTAA was approved in favor of MBMI Resources, a Canadian mining firm and its local partners covering four properties located in the municipalities of Rizal, Bataraz and Narra, all in Palawan, on April 5, 2010, just two months before Arroyo bowed from office.

Meanwhile, Redmont, also an applicant of mining exploration permit, filed a petition for cancellation/revocation of FTAA before the OP, citing violations of the mining law and other applicable laws committed by the petitioners.

Petitioners then moved for the dismissal of the petition on the grounds that there is no rule of law that grants an appeal from a memorandum issued by the Department of Environment and Natural Resources; that the appeal was filed beyond the reglementary period; that there was no proper service of appeal on petitioners; and, that respondent, as an applicant for a mineral agreement, is not a real party-in-interest for the revocation of an existing mineral agreement.

On April 6, 2011, Aquino ruled in favor of Redmont, prompting the petitioners to elevate the case before the CA. (ECV/Sunnex)

Source: http://www.sunstar.com.ph/manila/local-news/2012/03/05/ca-upholds-palace-termination-arroyo-midnight-deal-209607

The growing array of hotel resort accommodation, recreation and entertainment facilities, places to unwind and relax, fine dining and family restaurants, bars and pubs makes it increasing easy for tourists and visitors from Manila to spend quality time in a place of leisure in Clark, Pampanga.

To many visitors from Manila, a place of leisure or a good hotel or resort in Pampanga must be located in a city that is safe, clean and not so noisy. Convenience and accessibility are important considerations in choosing a holiday destination in Philippines. Clark Freeport is probably the easiest tourist destination to reach from Manila. Clark also has its own international airport with dozens of daily flights connecting Clark directly with Hong Kong, Macau, Taiwan, Singapore, Bangkok, Malaysia and South Korea. Clark is home to some of the best golf courses in Pampanga. Although golf continues to be one of the reasons why visitors from Manila travel to Pampanga, residents of Angeles City, Subic and Bulacan travel to Clark not just to play golf in one of the best golf courses in Pampanga but also to relax and unwind in the best resort in Philippines.

Hotels, resorts, vacation rentals, fine dining and family restaurants, bars and pubs, entertainment, nightlife, place of leisure, sports and recreation facilities in Clark and Angeles Pampanga are showcased for the convenience of visitors planning a getaway from Manila or a weekend out of town to relax and unwind in a clean and safe city.

Spa is not the only way to unwind for people who are stressed out by Manila traffic and noise pollution.

Clearwater Resort & Country Club offers several styles of accommodation from US$65 up inclusive of breakfast for two at the beautiful Breakfast Garden Restaurant overlooking the large Clearwater lake and beach. This is a good rendition of the lifestyle that the Americans left behind after they left the Clark Airbase. A good short description of this lifestyle is suburban laid-back slow-paced clean living, very suitable for tourists and guests looking for a way to unwind from the stress of living in Manila.

In a city like Manila, most residents rely on visits to spa and beauty parlor to unwind and relax. But with a short getaway to Angeles City Clark Pampanga one can de-stress by enjoying beautiful outdoor amenities of this beach resort, savoring what nature can offer.

For reservations, comments and inquiries,

Clearwater Resort & Country Club
Creekside Road corner of Centennial Road,
Central Business District, Clark Freeport Zone,
Pampanga, Philippines 2023

Tel: (045)599-5949 0917-520-4403 0922-870-5177

Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay

http://www.ClearwaterPhilippines.com

Email: Inquiry@ClearwaterPhilippines.com

Getting to this hotel in Clark Philippines
After entering Clark Freeport from Subic, Manila, Dau and Angeles City, proceed straight along Clark’s main highway MA Roxas, passing Clark’s largest wine shop called Clark Wine Center on your right, continue to bear right making no turns at all, go past Mimosa Leisure Estate on the opposite side of the road, you will hit a major intersection. Go straight and the road becomes Creekside Road. YATS Clearwater Resort and Country Club is on your right just 200m down. Traffic in Clark Philippines is light so it should be quite easy for get to this hotel in Clark Philippines.

For inquiries and bookings, click here to contact Clearwater Resort now

Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

http://www.PhilippinesWeddingVenue.com

While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

While in Clark, one might as well add to the itinerary a visit to the famous Clark Wine Center, the largest wine shop in Philippines which offers over 2000 selections of fine vintage wine from all wine regions, vintages spanning over 50 years covering all price ranges.
http://www.ClarkWineCenter.com

Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

http://www.LondonPubClark.com

http://www.HotelClarkPhilippines.com

http://www.ClarkPhilippines.com

http://www.YatsWineCellars.com

For jobs and business investment opportunities in the Philippines please visit http://www.yilp.com