Professional Documents
Culture Documents
Issue:
In this particular BPC venture, not only has the Government given
unprecedented favors, among them:
(1) For an initial authorized capital of only P20 million, the Central Bank
gave an eligible relending credit or relending facility worth US $50
million and a debt to swap arrangement for US $30 million or a total
accommodation of US $80 million which at current exchange rates is
around P2080 million.
(2) A major part of the company's capitalization shall not come from
foreign sources but from loans, initially a Pl Billion syndicated loan, to be
given by both government banks and a consortium of Philippine private
banks or in common parlance, a case of 'guiniguisa sa sariling manteca.'
Garcia vs. BOI
Background:
Issue:
Article XII, Section 10, last par. The State shall regulate
and exercise authority over foreign investments within
its national jurisdiction and in accordance with its
national goals and priorities.
Garcia vs. JG Summit
Ruling:
Finally, it is not for this Court to rule on whether the national interest
would be served by allowing respondent to locate its plant in
Batangas, instead of Bataan. As the first Garcia case held, "[t]his Court
is not concerned with the economic, social, and political aspects of this
case for it does not possess the necessary technology and scientific
expertise to determine whether the transfer of the proposed BPC
petrochemical complex from Bataan to Batangas and the change of
fuel from naphtha only to naphtha and/or LPG will be best for the
project and for our country. This Court is not about to delve into the
economics and politics of this case . . . ."
Garcia vs. JG Summit
After effects:
http://www.jgspetrochem.com
Manila Prince Hotel vs. GSIS
G.R. No. 122156, 03 February 1997, En Banc
Issues:
First Issue: Whether or not Article XII, Section 10, 2nd par., of the 1987
Constitution is self-executing?
First Issue: Whether or not Article XII, Section 10, 2nd par., of the 1987
Constitution is self-executing?
http://bigdogdotcom.wordpress.com/2010/09/03/
Tanada vs. Angara
G.R. No. 118295, 02 May 1997, En Banc
Issue:
Art. II, Sec. 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
Article XII, Sec. 10, 2nd par. In the grant of rights, privileges,
and concessions covering the national economy and
patrimony, the State shall give preference to qualified
Filipinos.
Article XII, Sec. 12. The State shall promote the preferential
use of Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make them
competitive.
Tanada vs. Angara
Ruling:
Issue:
Article II, Section 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and independence
of the nation and free the people from poverty through policies
that provide adequate social services, promote full
employment, a rising standard of living, and an improved
quality of life for all.
Article II, Section 19. The State shall develop a self-reliant and
independent national economy effectively controlled by
Filipinos.
On motion for
reconsideration, the
Supreme Court, on 01
December 2004
reversed itself.
In finding R.A. No. 7942 and its IRR to be constitutional, the Supreme
Court explained that:
Companies coming over would naturally choose the option that will be
most beneficial to them; and they will end up choosing one, that is the
second option, he said.
Let me repeat that: the DENR Secretary, doing his own arithmetic,
publicly admitted that, under the profit sharing formula in DAO 99-56
approved in La Bugal, the government will receive somewhere from
zero to nil in the mining revenues of foreign contractors. Zero to
nil means not even a pittance. The Filipino people will receive
nothing, zero, nil, ni sinkosin wala, in the profits from the estimated
P47 trillion mineral wealth of the country. This is the conclusion of
the DENR Secretary. The DENR Secretary therefore revised the profit
sharing formula in the net mining revenues into a 50-50 split between
the State and the FTAA contractor. This is ordained in the recently
issued DAO 2007-12.
Let me just cite two points about DAO 2007-12, and these should serve
as caveats. First, DAO 2007-12 by its express terms applies
prospectively. There are only two existing FTAAs, and both were
signed before the effectivity of DAO 2007-12. That means DAO 2007-
12 does not at present apply to any existing FTAA. That also means
that the two existing FTAAs will still be governed by the formula
approved by the majority of the Court in La Bugal, the formula in the
old DAO 99-56. That old formula, in the words of then DENR
Secretary Reyes, gives the Filipino people somewhere from zero to
nil in mining revenues. Ironically, this is the fate the DENR wants the
Filipino people to accept for the 49,373 hectares of mineral lands
covered by the two existing FTAAs.
J. Antonio Carpio, Closing the gaps between law and justice,
Keynote Speech, Regional Convention of Mindanao
Lawyers, 21-23 November 2007
La Bugal-Blaan vs. DENR
After effects: