682. Narra Nickel Mining vs.

Redmont Consolidated Mines Corp

Facts:

Petitioners filed application for Mineral Production Sharing Agreement (MPSA)

with the DENR which was opposed by respondent before the Panel of Arbitrators (POA)
of the DENR alleging that petitioner is a foreign corporation, hence disqualified from
engaging in mining activities through MPSAs, which are reserved only for Filipino
citizens.

In their Answers, petitioners averred that their nationality as applicants is

immaterial because they also applied for Financial or Technical Assistance Agreements
(FTAA) which is granted to foreign-owned corporations and which was approved.
However, The POA issued a Resolution disqualifying petitioners from gaining MPSAs.

Petitioner now contends before the SC that the case becomes moot, since fact
that the subject matter of the controversy, the MPSA applications, have already been
converted into FTAA applications and that the same have already been granted.

Issue:

Whether or not the case becomes moot and academic

Held: The case is not moot and academic

Basically, a case is said to be moot and/or academic when it "ceases to present

a justiciable controversy by virtue of supervening events, so that a declaration thereon
would be of no practical use or value." Thus, the courts "generally decline jurisdiction
over the case or dismiss it on the ground of mootness."

The "mootness" principle, however, does accept certain exceptions and the mere
raising of an issue of "mootness" will not deter the courts from trying a case when there
is a valid reason to do so. In David v. Macapagal-Arroyo (David), the Court provided
four instances where courts can decide an otherwise moot case, thus:

1.) There is a grave violation of the Constitution;

2.) The exceptional character of the situation and paramount public interest is
involved;

3.) When constitutional issue raised requires formulation of controlling principles

to guide the bench, the bar, and the public; and

4.) The case is capable of repetition yet evading review.

All of the exceptions stated above are present in the instant case.