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Poe Mining Association, et al. Vs. Cancio C. Garcia, et al.

POE MINING ASSOCIATION AND PHILEX MINING CORPORATION, petitioners, vs. CANCIO C. GARCIA, ASST. EXECUTIVE SECRETARY FOR LEGAL AFFAIRS, MACAWIWILI GOLD MINING & DEVELOPMENT, CO., INC. AND OMICO MINING & INDUSTRIA L CORPORATION, respondents. Roco, Bunag, Kapunan & Migallos for petitioners. Feria, Feria, Lugtu & Lao for respondent Macawiwili Gold Mining & Development. Belo, Abiera & Associates for Omico Mining & Industrial Corporation.

G.R. No. 89093 | 1991-10-02

D E C I S I O N


MEDIALDEA, J.:

This is a petition for certiorari to set aside as null and void the decision, dated December 12, 1988 of the Office of the President, upholding private respondents' mining claims over Lode Lease Contract (LLC) Nos. V-748 and V-749, and the Order, dated April 19, 1989, denying the motion for reconsideration.

The facts of the case are as follows:

In 1931, 1933 and 1935, Macawiwili Gold Mining separately located and registered 122 mining claims in Itogon, Benguet, under the Act of U.S. Congress of 1902 (or Philippine Bill of 1902).

On July 14, 1970, Macawiwili lodged a protest with the Bureau of Mines...