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NARRA NICKEL MINING AND DEVELOPMENT CORP., TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., PETITIONERS, VS. REDMONT CONSOLIDATED MINES CORP., RESPONDENT.[DISSENTING OPINION LEONEN, J.]

NARRA NICKEL MINING AND DEVELOPMENT CORP., TESORO MINING AND DEVELOPMENT, INC., AND MCARTHUR MINING, INC., PETITIONERS, VS. REDMONT CONSOLIDATED MINES CORP., RESPONDENT. [DISSENTING OPINION LEONEN, J.]

G.R. No. 195580 | 2015-01-28

 
DISSENTING OPINION
 
 
LEONEN, J.:
 
I dissent from the majority’s Resolution denying with finality the Motion for Reconsideration filed by petitioners. I maintain the positions I articulated in my Dissent to the April 21, 2014 Decision.
 
I welcome the majority’s statements clarifying the relative applicability of the Grandfather Rule in relation to the Control Test. I particularly welcome the clarification that “it is only when the Control Test is first complied with that the Grandfather Rule may be applied.”[1] This is in line with the position I articulated in my Dissent to the April 21, 2014...