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Narra Nickel Mining and Development Corp., et al. Vs. Redmont Consolidated Mines [Dissenting Opinion J. Leonen]

NARRA NICKEL MINING AND DEVELOPMENT CORPORATION, TESORO MINING AND DEVELOPMENT, INC., and McARTHUR MINING, INC., Petitioner, vs. REDMONT CONSOLIDATED MINES CORPORATION, Respondents. [Dissenting Opinion J. Leonen]

G.R. No. 195580 | 2014-04-21

THIRD DIVISION

 

DISSENTING OPINION


LEONEN,J.:

 

Investments into our economy are deterred by interpretations of law that are not based on solid ground and sound rationale. Predictability m policy is a very strong factor in determining investor confidence.


The so-called "Grandfather Rule" has no statutory basis. It is the Control Test that governs in determining Filipino equity in corporations. It is this test that is provided in statute and by our most recent jurisprudence.


Furthermore, the Panel of Arbitrators created by the Philippine Mining Act is not a court of law. It cannot decide judicial...