V base metals mineral resources corporation 94 the

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Resources, Inc. v. Base Metals Mineral Resources Corporation , 94 the Decision in which case has become final and executory. PICOP’s Petition for Mandamus should, therefore, fail. Furthermore, even if we assume for the sake of argument that the 1969 Document is a contract recognized under the non-impairment clause, and even if we assume for the sake of argument that the same is a contract specifically enjoining the DENR Secretary to issue an IFMA, PICOP’s Petition for Mandamus must still fail. The 1969 Document expressly states that the warranty as to the tenure of PICOP is “subject to compliance with constitutional and statutory requirements as well as with existing policy on timber concessions.” Thus, if PICOP proves the two above-mentioned matters, it still has to prove compliance with statutory and administrative requirements for the conversion of its TLA into an IFMA. While we have withdrawn our pronouncements in the assailed Decision that (1) PICOP had not submitted the required forest protection and reforestation plans, and that (2) PICOP had unpaid forestry charges, thus effectively ruling in favor of PICOP on all factual issues in this case, PICOP still insists that the requirements of an NCIP certification and Sanggunian consultation and approval do not apply to it. To affirm PICOP’s position on these matters would entail nothing less than rewriting the Indigenous Peoples’ Rights Act and the Local Government Code, an act simply beyond our jurisdiction.
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  • Fall '19
  • Habeas corpus, Injunction, PICOP

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