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La Bugal-B - Laan Tribal Assn Vs Ramos G.R. No. 127882 January 27, 2004
La Bugal-B - Laan Tribal Assn Vs Ramos G.R. No. 127882 January 27, 2004
Section 1.3 of the FTAA grants WMCP a fully foreign owned corporation, the
exclusive right to explore, exploit, utilize and dispose of all minerals and byproducts that may be produced from the contract area. Section 1.2 of the same
agreement provides that EMCP shall provide all financing, technology,
management, and personnel necessary for the Mining Operations.
These contractual stipulations and related provisions in the FTAA taken together,
grant WMCP beneficial ownership over natural resources that properly belong to
the State and are intended for the benefit of its citizens. These stipulations are
abhorrent to the 1987 Constitution. They are precisely the vices that the
fundamental law seeks to avoid, the evils that it aims to suppress. Consequently,
the contract from which they spring must be struck down.