Back

Dizon Copper Silver Mines vs. Dr. Luis D. Dizon [DISSENTING OPINION, J. CARPIO]

DIZON COPPER SILVER MINES, INC., Petitioner, -versus- DR. LUIS D. DIZON, Respondent. [DISSENTING OPINION, J. CARPIO]

G.R. No. 183573 | 2012-07-18

DISSENTING OPINION 


CARPIO, J.:


The thrust of both the ponencia of Justice Perez and the Separate Concurring Opinion of Justice Brion is the lack of authority of Benguet Consolidated, Inc. (BCI) to file the MPSA-P-III-16 application on behalf of Dizon Copper Silver Mines, Inc. (Dizon Copper).


The first point raised is that a corporate officer cannot bind the corporation without an authorization from the board of directors. Juvencio D. Dizon, President of Dizon Corporation, was allegedly not acting within any express or implied authority from Dizon Corporation in writing the 14 June 1991 letter to BCI giving authority to BCI to...