Picop Resources vs Base Metals

PICOP PICOP RESO RESOUR URCE CES, S, INC. INC.,pe ,peti titi tione onerr, - versu versuss BASE BASE MET METALS ALS MINE MINERA RAL L RESOURCES ADJUDICATION ADJUDICATION BOARD, respondents. CORPORATION nd T!E MINES "ACTS#

Banahaw Mining filed applications for Mining Lease Contracts over the mining claims with the Bureau of Mines to extract and dispose of precious minerals found within its mining claims. Since a portion of Banahaw Mining‟s mining claims was located in  petitioner PICOP‟s logging concession in gusan del Sur! Banahaw Mining and  petitioner PICOP entered into a Memorandum of greement! where"#! where"#! petitioner PICOP allowed allowed Banahaw Mining Mining an access$ri access$right ght of wa# to its mining claims. Banahaw Mining converted its mining claims to applications for Mineral Production Sharing greements %MPS&. 'hile the MPS were pending! Banahaw Mining! decided to sell$assign its rights rights and intere interests sts in favor favor of privat privatee respon respondent dent Base Base Metals Metals Minera Minerall (esour (esources ces Corporation %Base Metals. Base Metals amended Banahaw Mining‟s pending MPS applications with the Bureau of Mines to su"stitute itself as applicant. petitioner PICOP filed with the Mines )eo*Sciences Bureau %M)B&! an dverse Claim and$or Opposition to Base Base Metals Metals‟‟ applic applicati ation on assert assertss that that its concessio concession n areas areas are closed closed to mining mining operations as these are within the gusan*Surigao*+avao forest reserve esta"lished under  Proclamation ,o. -/ of then )ov. )en. +wight +avis. 0he area is allegedl# also part of   permanent forest esta"lished under (epu"lic ct ,o. -1/2 %( -1/2&! and overlaps the wilderness area where mining applications are expressl# prohi"ited under ( 345. 6ence! the area is closed to mining operations under Sec. 7/%f& of ( 3/82. ISSUE9

'hether or not the area covered "# Base Metals‟ MPS is closed to mining activities !ELD#

PICOP failed to present an# evidence that the area covered "# the MPS is a protected wilderness area designated as an initial component of the ,IPS pursuant to a law!  presidential decree! presidential proclamation or executive order as re:uired "# ( 345. 345 . lthough the a"ove*cited area status and clearances! particularl# those pertaining to MPS ,os. 172 and 17-! state that portions thereof are within the wilderness area of  PICOP! there is no showing that this supposed wilderness area has "een proclaimed! design designate ated d or set aside aside as such! such! pursua pursuant nt to a law! law! presid president ential ial decree! decree! presid president ential ial  proclamation or executive order. order. It should "e emphasi;ed that it is onl# when this area has "een so designated that Sec. 21 of ( 345! which prohi"its mineral locating within  protected areas! "ecomes operational.