CA upholds Palace termination of Arroyo ‘midnight deal’

THE Court of Appeals (CA) has upheld a decision of Malacañang to annul the “midnight deal” between the Arroyo administration and a nickel mining consortium in Palawan over allegations of violations of several mining laws in three mining sites in the province.

In a 12-page decision penned by Associate Justice Samuel Gaerlan, the CA’s Fifth Division denied the petition filed by Narra Nickel Mining and Development Corporation, Tesoro Mining and Development and McArthur Mining Inc., seeking a reversal of the resolution rendered by the Office of the President on July 6, 2011.

The consortium had been granted a Financial or Technical Assistance Agreement (FTAA) to operate large-scale exploration, development and utilization of minerals in the towns of Rizal, Bataraz and Narra in Palawan.

President Benigno Aquino III cancelled the mining firms’ FTAA based on the complaint filed by another mining firm, Redmont Consolidated Mining Corporation, which alleged that the recommendation and approval of the FTAA in favor of the petitioners were done with grave abuse of discretion.

Redmont said there were violations of the mining law, its rules and regulations, as well as other applicable laws connected with the conversion of petitioners’ mineral production and sharing agreement (MPSA) and exploration permit applications filed in 1991 and 2001, respectively, to FTAA applications in 2007.

But according to the CA, the petitioners failed to substantiate its claim that the Office of the President committed grave abuse of discretion in ordering the revocation of the mining firms’ FTAA on April 6, 2011, and denying their motion for reconsideration in a resolution issued on July 6, 2011.

The CA turned down the argument of the petitioners that the FTAA can no longer be cancelled since it had already been approved by former President and now Pampanga Representative Gloria Macapagal-Arroyo.

It also claimed petitioners cannot argue that the OP cannot cancel their FTAA being one of the contracting parties, citing Section 17.2 of the FTAA, which stated that the same may be cancelled by either party if there was violation of its terms and conditions, failure of the contractor to pay taxes and fees due the government.

“The subject agreement is not merely a contract between private individuals but one entered into by the Republic… As such, public interest demands that a more liberal stance be taken in determining whether respondent (Redmont) possesses locus standi, which is exactly what the OP had done,” the CA ruled.

The CA also said that factual findings made by quasi-judicial bodies and administrative agencies when supported by substantial evidence are accorded great respect and even finality by the appellate courts. This is because administrative agencies possess specialized knowledge and expertise in their respective fields.

“As such, their findings of fact are binding upon this Court unless there is showing of grave abuse of discretion, or where it is clearly shown that they were arrived at arbitrarily or in disregard of the evidence on record,” the Court said.

Likewise, the appellate court did not give credence to the claim of the petitioners of violation of their right to procedural due process.

The fact that petitioners was given the chance to file a motion for reconsideration of the April 6, 2011 decision of the President, although it was eventually denied, only proved that they were not denied due process.

Records showed that the FTAA was approved in favor of MBMI Resources, a Canadian mining firm and its local partners covering four properties located in the municipalities of Rizal, Bataraz and Narra, all in Palawan, on April 5, 2010, just two months before Arroyo bowed from office.

Meanwhile, Redmont, also an applicant of mining exploration permit, filed a petition for cancellation/revocation of FTAA before the OP, citing violations of the mining law and other applicable laws committed by the petitioners.

Petitioners then moved for the dismissal of the petition on the grounds that there is no rule of law that grants an appeal from a memorandum issued by the Department of Environment and Natural Resources; that the appeal was filed beyond the reglementary period; that there was no proper service of appeal on petitioners; and, that respondent, as an applicant for a mineral agreement, is not a real party-in-interest for the revocation of an existing mineral agreement.

On April 6, 2011, Aquino ruled in favor of Redmont, prompting the petitioners to elevate the case before the CA. (ECV/Sunnex)

Source: http://www.sunstar.com.ph/manila/local-news/2012/03/05/ca-upholds-palace-termination-arroyo-midnight-deal-209607

Over the holidays, travelers from Manila going to the north for a getaway destination choose Pampanga Angeles City and Clark Philippines as a popular holiday location. Aside from day-time sports and other activities, visitors look for a good wine shop to buy some good wine to celebrate a special occasion or just to make the holiday and vacation more enjoyable. Many wine lovers pick up some good bottles from Clark Wine Center to bring to dinner in some of the good restaurants in Angeles City, Clark Pampanga. Yats Restaurant is one of the most famous fine dining restaurants outside of Manila, located in Mimosa Leisure Estate inside Clark Airbase or Clark Freeport Zone as it is now called. This popular restaurant has become a tourist attraction, a place to visit for those who are in Pampanga, Subic, Angeles City and of course, Clark Philippines. The famous wine shop called Clark Wine Center supplies this famous restaurant in Clark Philippines as well as other good restaurants in Angeles City Pampanga with good wines of all price ranges.

Wine is becoming increasingly popular in Manila and other cities in the Philippines. Wine lovers in Manila travel to the north to visit Clark, Pampanga to shop for good and rate vintage wines at good duty-free prices. The most frequently visited liquor shop in Manila and wine shop in Pampanga is Clark Wine Center. This highly recommended wine shop located outside Manila near Angeles City, Pampanga in North Luzon is known for offering a great selection of fine vintage wine that is good quality and good value for money also.

This well-known wine shop is a famous shopping destination for wine enthusiasts in Manila and wine lovers from other cities in Asia including Hong Kong, Macau, Shanghai, Beijing, Seoul, Osaka and Tokyo.

Famous Philippines wine supplier known for its line of fine vintage wines, Yats Wine Cellars was established in 2000 to address the requirement of a growing population of wine enthusiasts in the Philippines. This 5-star wine shop caters to the discerning client who requires these qualities in their wines: (1) excellent value, (2) large selection of labels and vintages to choose from and (3) wines properly aged for full enjoyment.

Public wine tastings are held from time to time in Clark and sometimes in Manila. Tickets range from p500 to p1500 for these themed events that are professionally run –no wine merchants sponsorship, pushy salesmen or tacky banners to ruin the evening. Each ticket contains a certain number of stubs that can be redeemed for a tasting pour of a wine among those on a line-up which often contains wines that are quite old and expensive.

Things to do in Clark Pampanga Philippines: do a little wine shopping at the famous wine shop outside of Manila called Clark Wine Center. One of the favorite places to visit in Pampanga Clark Freeport is the white building along M A Roxas highway of Clark which houses over 2000 selections of fine vintage wines. The Clark Wine Center is one of the places to visit, a tourist spot and a good shopping place for those staying in Angeles City, Subic or Clark Pampanga. This famous wine shop is well known among wine lovers all over Asia as the best place to find rare vintage wines.

http://www.ClarkWineCenter.com

Getting to this wine shop in Pampanga Angeles City Clark Freeport Zone Philippines from Manila
Getting to the Clark Wine Center wine shop from Manila is quite simple: after entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway M A Roxas. Clark Wine Center is the stand-along white building on the right, at the corner A Bonifacio Ave. From the Clark International Airport DMIA, ask the taxi to drive towards the entrance of Clark going to Angeles City. From Mimosa, just proceed towards the exit of Clark and this wine shop is on the opposite side of the main road M A Roxas.

Best place to buy wine in Clark Pampanga outside Manila near Subic and Angeles City Philippines is Clark Wine Center.

Click here to contact Clark Wine Center in Clark Pampanga for inquiries and orders.

Clark Wine Center
Bldg 6460 Clark Observatory Building
Manuel A. Roxas Highway corner A Bonifacio Ave,
Angeles Clark Freeport Zone, Pampanga 2023
0922-870-5173 0917-826-8790 (ask for Ana Fe)

Wine@Yats-International.com

YATS Wine Cellars
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 ask for Rea or Chay

Wedding couples looking for wedding reception venues and beach wedding venues can log on to this Philippines Wedding Venue web site for free information and assistance:

http://www.PhilippinesWeddingVenue.com

While in Clark, it might be a good idea to enjoy an evening of wine-and-dine in the fine dining Yats Restaurant and Wine Bar that features an award winning 2700-line wine list. Highly recommended fine dining restaurant in Manila for special occasion is Yats Restaurant & Wine Lounge located in the famous Mimosa Leisure Estate in Clark Pampanga. Situated near this popular restaurant in Clark is the Mimosa Golf Course as well as the Mimosa Clark Casino. This top rated restaurant near Angeles City Pampanga in Clark Philippines is frequently used for private parties and corporate functions such as board meetings and other gatherings. It is located in Mimosa Leisure Estate of Clark Freeport Zone. For more information, visit http://www.YatsRestaurant.com

YATS Leisure Philippines is a developer and operator of clubs, resorts and high-class restaurants and wine shops in Clark Angeles Philippines http://www.YatsLeisure.com

Looking for famous tourists spots, places to visit and see, relax and unwind in Clark, Pampanga, Philippines? You may want to check out these sites also:

http://www.LondonPubClark.com

Besides good restaurants to wine and dine near Manila, Subic or in Angeles City Pampanga, Clark Philippines, those requiring assistance for hotel and resort bookings in Clark, Pampanga, Philippines may log on to http://www.HotelClarkPhilippines.com for more information and reservations.

The lifestyle in Clark Pampanga is quite unique. For more information about shopping, sports, golf, leisure, hotel accommodation, where to see and visit, what to do, where to wine and dine and good places to hang out, relax, have a drink with friends, child-friendly establishments, log on to
http://www.ClarkPhilippines.com

Wine lovers looking for a special bottle or something that is of great value and special discounts might log on to this web site to shop for fine vintage wines
http://www.YatsWineCellars.com

Those visitors who plan to relax and unwind in Angeles City, Subic, Pampanga, Clark Philippines might make an effort to book a room at the famous beach and lake resort Clearwater Resort & Country Club. This famous hotel in Clark Pampanga is frequently visited by families with children looking for a good place in Clark to see, a good holiday destination for the family to relax and unwind in the beautiful outdoor facilities. For more information, log on to www.ClearwaterPhilippines.com