Thus, intervenor CMP concedes that: x x x In other words, in the FTAA situation, the Government stands in the place of the 60% Filipino-owned company, and the 100% foreign-owned contractor company takes all the risks of failure to find a commercially viable large-scale ore body or oil deposit, for which the contractor will get 40% of the financial benefits.71 (Emphasis supplied), As applied to the WMCP FTAA, intervenor CMP asserts that the "contractor's stipulated share under the WMCP FTAA is limited to a maximum of 40% of the net production. In contrast to this express mandate of the President and Congress in the EDU of natural resources, Article XII of the Constitution is silent on the role of the judiciary. The percentage of Net Mining Revenues payable to the Government pursuant to Clause 7.7 shall be reduced by 1% of Net Mining Revenues for every 1% ownership interest in the Contractor held by a Qualified Entity. Much of the operations will consist of the tunneling and digging underground, which will not require possessing or using any land surface. 3(g) are relatively small in value. 16. Government's Share in an 3) World Cuckoo Day If that were the only purpose in the change of phraseology, this Court reiterates, there would have been no need to replace the term "service contracts" with "agreements� involving either technical or financial assistance.". 2 Each time Sec. (E) Combix It will be well-informed as to the amounts of pre-operating and other expenses that the contractor may legitimately recover and the approximate period of time needed to effect such a recovery. After this computer, another ICL 2950/10, a British computer, was purchased by the fund of UNDP and UNFPA for the census of 2038 BS is second computer in Nepal. 35 During the Oral Argument, petitioner's counsel, Atty.
The intent loses all significance if foreign-owned corporations are likewise allowed to participate even in small or medium-scale ventures. (Emphasis supplied). Moreover, the power of the courts to determine the amount corresponding to the constitutional requirement of just compensation has allegedly also been contracted away by the government, on account of the latter's commitment that the acquisition shall be at such terms as may be acceptable to the contractor. Statements : d. Rs. In the voting that led to the approval of Article XII by the ConCom, the explanations given by Commissioners Gascon, Garcia and Tadeo indicated that they had voted to reject this provision on account of their objections to the "constitutionalization" of the "service contract" concept. Which of the following is first generation of computer, Explanation: IBM-1401, CDC-1604 is second generation computer.
b. The leader of the opposition party condemned the communal riots in … terms. 3500? (C) Andy Murray Section 112 is disparaged for reverting FTAAs and all mineral agreements to the old "license, concession or lease" system, because it allegedly effectively reduces the government share in FTAAs to just the 2 percent excise tax which pursuant to Section 80 comprises the government share in MPSAs. The State may directly undertake such activities, or it may enter into co-production, joint venture or production-sharing agreements with Filipino citizens or corporations or associations at least sixty per centum of whose capital is owned by such citizens. In sum, by virtue of Sections 10.2 (e) and 3.3. of the WMCP FTAA, the foreign FTAA contractor is given the power to hold inalienable mineral land of up to 5,000 hectares, with the assistance of the State's power of eminent domain, free of charge, for a period of up to 50 years in contravention of Section 3, Article XII of the Constitution: Section 3. 33. This Agreement shall be renewed by the Government for a further period of twenty-five (25) years under the same terms and conditions provided that the Contractor lodges a request for renewal with the Government not less than sixty (60) days prior to the expiry of the initial terms of this Agreement and provided that the Contractor is not in breach of any of the requirements of this Agreement. This is evinced by the allowance of foreign technical assistance and foreign participation in the extractive enterprise. 15. Yet equally troubling is that the Court is being called upon to rule on a premature question. The formulae prescribed in DAO 56-99 are totally alien to the phrase "among other things." 87, sec. The majority opinion agrees that the provisions of the WMCP FTAA, which grant a sham consideration to the State, are void. CC: but and or plus either yet both nor so and/or minus neither + less sys ultra mp3s img tcp : CD: 5 2018 10 2017 1 4 four one 60 five 2 3 365 eight two 2006 0 4chan 13 2012 three hundred 16-year 24 2000 40 8 12 1988 90 50 six 29 7 6 26 15 2011 30 1981 2008 1992 562 2007 1999 22 2014 2013 1977 27 1982 17 195 34 1967 2016 million 28 25 1000 9 16 seven 522 21 20 2004 1990s 2009 600 80 … If the Secretary gives a Rejection Notice the Parties shall promptly meet and endeavour to agree on amendments to the Work Programme or budget. Justice Conchita Carpio Morales, that it is of no moment that the declaration of Rep. Act No. Some trees are chairs Vacuum Tubes. 4) Securities and Exchange Board of India Act Definition of Terms. Access Denied - LiveJournal The Impact of the Recent Supreme Court Decision Concerning ... The Constitutional Declaration and Mandate. 1) Government of India 128 Section 3 (g) (2) of DAO 99-56 provides: 129 Section 3 (g) (2) (1) of DAO 99-56 provides: a) Fifty-Fifty Sharing of the Cumulative Present Value of Cash Flows. "40 If the State has a 60% interest in the mining operations under an FTAA, then it must retain at least 60% of the net proceeds. Second, who is to say that the work program or budget proposed by the contractor and deemed approved under Clause 8.3 would not be the better or more reasonable or more effective alternative? Select from the alternatives that word as your answer which you consider most appropriate for the blank space. Another analysis is proferred by Chemerinsky, who acknowledges that the debate on inherent presidential power has existed "from the earliest days of the country." If there is no error, the answer is ‘d’ (Ignore errors of punctuation, if any) For this Court to decree such minimum is to wade into judicial legislation, and thereby inordinately impinge on the control power of the State. (E) None of these. A list of options from which a program user can select anyone in order to perform a desired action is referred as? Cash flows provide relevant information about the cash effects of an entity's operations, and its investing and financing transactions. DAO 56-99 does not require prior FTAAs to pay the State the share prescribed in the formulae under DAO 56-99 even if the consideration in the prior FTAAs is limited only to taxes, duties and fees. By its own express terms, DAO 99-56 does not apply to FTAAs executed before the issuance of DAO 99-56, like the WMCP FTAA. 3) Civics and 6th The Secretary, through the Director, shall promulgate rules and regulations governing the terms and conditions of the permit. (3) One day the mountain tribe invaded those living in the valley. Historical Dictionary of the Democratic Republic of the Congo 1) except, loophole How many persons should be employed on this Job ? (a) 9 (b) U (c) I (d) 1 (e) None of these The programs will detail the contractor's proposed exploration activities and budget covering each subsequent period of two fiscal years. 52 Section 2.1 of the WMCP FTAA allows WMCP to recover pre-operating expenses over 10 years from the start of commercial production. Provisions of the Mining Act pertaining to FTAAs Government Share in Mineral Production Sharing Agreement. 82 III Record of the Constitutional Commission 260.
55. The majority opinion gives the stamp of approval and legitimacy on DAO 56-99. Ans. Second, the acts of private respondent cannot operate to cure the law of its alleged unconstitutionality or to divest this Court of its jurisdiction to decide. The majority opinion then proffers that the framers of the Constitution were pragmatic enough to know that foreign entities would not enter into such agreements without requiring arrangements for the protection of their investments, gains, and benefits or other forms of conditionalities.
Will Commissioner Jamir entertain that? The Government share in financial or technical assistance agreement shall consist of, among other things, the contractor's corporate income tax, excise tax, special allowance, withholding tax due from the contractor's foreign stockholders arising from dividend or interest payments to the said foreign stockholder in case of a foreign national and all such other taxes, duties and fees as provided for under existing laws. The State, as owner of the mineral resources, must receive a fair share of the income from any commercial exploitation of its mineral resources. Foreign contractors and foreign corporations cannot secure exploration permits because they cannot engage in the exploration of natural resources. a) 3.6 b) 6 c) 18 d) Data inadequate e) None of these. I propose to delete "NATURAL RESOURCES" and substitute it with the following: MINERALS, PETROLEUM AND OTHER MINERAL OILS. Madam President, our natural resources are depleting; our population is increasing by leaps and bounds. On the fundamental nature of this power, I harbor an entirely different view. Rather, this is a question of focusing the judicial spotlight squarely on all the pertinent facts as they bear upon the issue at hand, in order to avoid leaping precipitately to ill-conceived conclusions not solidly grounded upon fact.
9 Pilipinas Kao, Inc. vs. Court of Appeals, G.R. (a) JEVKTP (b) PEVKTJ (c) YEVKTY (d) ZEVKTZ (e) None of these Indeed, the complete absence of even a general framework only serves to further deflate petitioners' theory, like a child's balloon losing its air. But in his enduring words of dissent we find reinforcement for the view that it would indeed be a folly to construe the powers of a branch of government to embrace only what are specifically mentioned in the Constitution: The great ordinances of the Constitution do not establish and divide fields of black and white. The provision in question reads: "3.3 This Agreement shall be renewed by the Government for a further period of twenty-five (25) years under the same terms and conditions provided that the Contractor lodges a request for renewal with the Government not less than sixty (60) days prior to the expiry of the initial term of this Agreement and provided that the Contractor is not in breach of any of the requirements of this Agreement.". All lands of public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, wildlife, and other natural resources of the Philippines belong to the State. Since the right of the State to obtain a share in the net proceeds and not merely through taxes arises as an attribute of ownership unequivocally reserved by the Constitution for the State, such right may not be proscribed either by legislative provision or contractual stipulation. The Contractor commits itself not to engage in transactions involving price or cost transfers in the sale of minerals or mineral products and in the purchase of input goods and services resulting either in the illegitimate loss or reduction of Government Share or illegitimate increase in Contractor's share. Choose the set of words for each blank that best fits the meaning of the sentence as a whole. (Emphasis supplied). (A) None (b), 41. 33471, 31 January 1972, 43 SCRA 192; Asturias Sugar Central, Inc. v. Commissioner of Customs, G.R. (C) Any of the loan ANS (B).
See the (1) Mineral Production Sharing Agreement between the Republic of the Philippines and Ungay-Malobago Mines, Inc. and Rapu-Rapu Minerals, Inc. dated 12 September 2000; (2) Mineral Production Sharing Agreement between the Republic of the Philippines and Ungay-Malobago Mines, Inc. and TVI Resource Development (Phils.
They cite the so-called "suspicious" deductions allowed by the WMCP FTAA in arriving at the net mining revenue, which is the basis for computing the government share. The number of years, after which the borrowed sum is to be returned, is. But whatever form the agreement entered into by the Government and its third party partner(s) may take, the same must contain, as an absolute minimum, provisions that ensure that the Government can effectively perform its fiduciary duty to safeguard the beneficial interest of the Filipino people in their natural resources, as mandated by the Constitution. or <, 3. Apart from Clause 1.4 of the FTAA obligating the contractor to account for the total value of mineral production and the sale of minerals, we can also look to Section 35 of RA 7942, which incorporates into all FTAAs certain terms, conditions and warranties, including the following: "(l) The contractors shall furnish the Government records of geologic, accounting and other relevant data for its mining operation, and that books of accounts and records shall be open for inspection by the government. 13 .A sequence of precise and unambiguous instructions for solving a problem in a finite number of operations is referred as? The consideration is the most important part of the FTAA as far as the State and Filipino people are concerned. To be sure, the provision states that the Government may enter into "co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations," or, for large scale exploration, development and utilization, "agreements with foreign-owned corporations involving either technical or financial assistance." 1) 10% No pond is Station Second, who is to say that the work program or budget proposed by the contractor and deemed approved under Clause 8.3 would not be the better or more reasonable or more effective alternative? Which of the following expressions will be true if the expression R > O = A > S < T is definitely true? Their share in the net mining revenues of WMCP is automatically increased, without their having to pay the government anything for it. In line with the test, Section 2 should be accorded a liberal interpretation so as to recognize this fundamental prerogative of the presidency. 350 1) Reserve Bank Act Section 5 of DAO 56-99 states: x x x any amendment of an FTAA other than the provision on fiscal regime shall require the negotiation with the Negotiation Panel and the recommendation of the Secretary for approval of the President of the Republic of the Philippines. All it receives are taxes and fees from the foreign corporation, just as in the old concession121 and service contract122 regimes. MR. DAVIDE. Which element is third to the right of ‘family’ in Step V? 5) >, =, ?, >, 4. A secondary storage device that uses a long plastic strip coated with a magnetic material as a recording medium is? It can store information while it is working, Ans: It would not work without one Establish the fiscal regime for FTAAs which the Government and the FTAA Contractors shall adopt for the large-scale exploration, development and commercial utilization of mineral resources in the country; and. It would be best then to keep in tab and attuned to the interest of the Filipino people, whenever the President enters into any agreement with regard to such an important matter as technical or financial assistance for large-scale exploration, development and utilization of natural resources or service contracts, the people's elected representatives should be on top of it. Grant of Exploration Permits to Foreign Clause 10.4(i) only obliges the State to favorably consider any such request, which is not at all unreasonable, as it is not equivalent to saying that the government must automatically consent to it. No Need for a Separate
Explanation: ALU is a unit in Central Processing Unit in a computer system that is responsible for arithmetic calculations and logical operations. Which is the one that does not belong to that group ? 3. Third, if indeed WMCP has, to date, spent US$40,000,000.00 in the implementation of the FTAA, as it claims,150 why did WMC sell 100% of its shares in WMCP for only US$10,000,000.00? Significantly, and contrary to the posture of the OSG, it is immaterial whether the foreign involvement takes the form of "active" participation in the mining concern or "passive" assistance such as a foreign mining loan or the licensing of mining technology. Assignment Essays - Best Custom Writing Services Mr. Justice Carpio is of the opinion that "among other things" could only mean "among other taxes", referring to the unnamed "other taxes, duties, and fees as provided for under existing laws" contained in the last clause of Section 81, paragraph 2. 5) 6%, 4. 1.Document file in the universally recognized text format -Answer. d. Rs. � The contractor must comply with the provisions pertaining to mine safety, health and environmental protection (Chapter XI, RA 7942; Chapters XV and XVI, DAO 96-40). [liblouis-liblouisxml] Re: List of UEB words - FreeLists SBI Whole-Testpaper [liblouis-liblouisxml] Re: List of UEB words - FreeLists
. 3) Fixed by the depositors This declaration is to be accompanied by a work program for development for the Bureau's approval, the necessary prelude for entering into an FTAA, a mineral production sharing agreement (MPSA), or some other mineral agreement. Hence, it clearly retains full and effective control of the exploitation of the mineral resources. Under Section 3.3, the contractor has the option to renew or not to renew the agreement. (E) None of these Such activity does not constitute large-scale exploitation of mineral resources. They found that the government would get the highest share from the option that is based on the net mining revenue, as compared with the other two options, considering only the basic and the additional shares; and that, even though production rate decreases, the government share will actually increase when the net mining revenue and the additional profit-based options are used. The presumption is that the words in which the constitutional provisions are couched express the objective sought to be attained. More than 60% of the equity of Sagittarius is owned by Filipinos or Filipino-owned corporations. ", The Mining and the Oil Industries During this period, they pay the whole of the basic government share and the additional government share which, taken together with indirect taxes and other contributions, amount to approximately 60 percent or more of the entire financial benefits generated by the mining venture. For instance, throughout the initial five-year exploration and feasibility phase of the project, the contractor is mandated by Clause 5.1 of the WMCP FTAA to submit a series of work programs (copy furnished the director of MGB) to the DENR secretary for approval. Step I: butter 19 40 made 23 37 cookies salt extra 52 86 92 fell now If she paid Rs.432 as interest at the end of the loan period, what was the rate of interest? 3) 18% 59 Accounts receivable may be converted to cash in one of three ways: (1) assignment of receivables, which is a borrowing arrangement with receivables pledged as security on the loan; (2) factoring receivables, which is a sale of receivables without recourse for cash to a third party, usually a bank or other financial institution; and (3) the transfer of receivables with recourse, which is a hybrid of the other two forms of receivable financing. 60 G.R. Had the FTAA been originally issued to a Filipino-owned corporation, there would have been no constitutionality issue to speak of. Since timber licenses are not contracts, the non-impairment clause which reads: "SEC 10. Explanation: EBCDIC is an 8-bit binary code for larger IBMs primarily mainframes in which each byte represent one alphanumeric character or two decimal digits. The body often exists for many centuries, society co-existing with it and seeking its protection out of fear of its brutality.
On that slim chance rides the contractor's hope of recouping investments and generating profits. In short, they need to expend a great deal more of their funds for facilities, equipment and supplies, fuel, salaries of local labor and technical staff, and other operating expenses. 28 LSI, VLSI & ULSI chips were used in which generation? The mootness of the case in relation to the WMCP FTAA led the undersigned ponente to state in his dissent to the Decision that there was no more justiciable controversy and the plea to nullify the Mining Law has become a virtual petition for declaratory relief.26 The entry of the Chamber of Mines of the Philippines, Inc., however, has put into focus the seriousness of the allegations of unconstitutionality of RA 7942 and DAO 96-40 which converts the case to one for prohibition27 in the enforcement of the said law and regulations. (3) On all metallic minerals, a tax based on the actual market value of the gross output thereof at the time of removal, in the case of those locally extracted or produced; or the value used by the Bureau of Customs in determining tariff and customs duties, net of excise tax and value-added tax, in the case of importation, in accordance with the following schedule: (i) On the first three (3) years upon the effectivity of Republic Act No.
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