On
December 1, 2004, the Supreme Court declared all provisions on foreign
participation--including the Financial and Technical Assistance
Agreement (FTAA)--of the Philippine Mining Act of 1995 constitutional
by a vote of ten to four with one abstention. This reverses the
High Court's January 27, 2004 decision.
In a 246-page decision, penned by Associate Justice Artemio V. Panganiban,
the High Court ruled that the provisions of the Mining Act and its
Implementing Rules and Regulations, and the FTAA of WMC Philippines
do not contravene with the Constitution.
On
March 30, 2006, the Supreme Court upheld anew the constitutionality
of the said law and its IRR. In a 39-page decision
penned by Justice Minita V. Chico-Nazario, the Court’s First
Division dismissed the petition questioning the constitutionality
of sec. 76 of RA 7942 and its IRR, Department of Environment and
Natural Resources Administrative Order 96-40, as well as the Financial
and Technical Assistance Agreement entered into by the government
with Arimco Mining Corporation (later renamed Climax-Arimco Mining
Corporation or CAMC).
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