Republic V Bolante, G.R. No.

186717; April 17, 2017

Did the RTC committed grave abuse of discretion in ruling that there exists no probable
cause to allow an inquiry into the total of 76 deposits and investments of respondents.

No, The RTC's finding that there was no probable cause for the
issuance of a bank inquiry order was not tainted with grave
abuse of discretion. Grave abuse of discretion is present where
power is exercised in an arbitrary or despotic manner by reason
of passion, prejudice or personal hostility, that is so patent and
gross as to amount to an evasion of a positive duty or to a
virtual refusal to perform a duty enjoined or to act at all in
contemplation of law. The Supreme Court found no reason to conclude that the RTC
determined the existence of probable cause, or lack thereof, in an arbitrary and whimsical
manner.

Narra Nickel Mining and Development Corp. vs Redmont Consolidated Mines

Corporation, G.R. No. 195580; April 21, 2014

Are the Narra Nickel Mining and Development Corporation,

Tesoro Mining and Development Incorporated, and McArthur
Mining Incorporated Filipino corporation and can validly be
issued Mineral Production Sharing Agreement and Exploration
Permit?

No. it is established that at least 60% of the capital stock of McArthur, Tesoro and Narra are
owned and controlled by MBMI Resources, Inc. (MBMI), a 100% Canadian corporation. The
instant case presents a situation which exhibits a scheme employed by stockholders to
circumvent the law, creating a cloud of doubt in the Court’s mind. To determine, therefore,
the actual participation, direct or indirect, of MBMI, the grandfather rule must be used.