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Garcia v. BOI
Garcia v. BOI
Board of Investments
G.R. No, 92024, November 9, 1990
Gutierrez Jr, J.
FACTS:
ISSUE:
Whether or not BOI should allow the transfer of plant site of BPC.
RULING:
The Supreme Court held that Bataan should be maintained as the plant site of BPC. It
reasoned that, unlike other industries, the petrochemical industry is deemed essential to national
interest. The SC ruled that it is the duty of the State to "regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance with its national goals and priorities."
The development of a self-reliant and independent national economy effectively controlled by
Filipinos is mandated in Section 19, Article II of the Constitution.
Also, if the plant site is maintained in Bataan, the PNOC shall be a partner in the venture
to the great benefit and advantage of the government which shall have a participation in the
management of the project instead of a firm which is a huge multinational corporation.