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APEX Mining Co. Inc. et al. vs Garcia et al. GR No. 92605

Apex Mining Co. Inc. et al. vs Garcia et al. GR No. 92605                                                            July 16, 1991 Facts: The case involves Apex Mining Co., Inc (Apex for brevity) and Marcopper Mining Corp. (Marcopper for brevity), regarding their conflicting mining claims in a forest reservation (timberland). After Marcopper registered its mining claim in the said area, they came to know that the area is within an existing forest reservation established by Proclamation No. 369. They thereafter abandoned their mining claim in the said forest reservation and thereafter applied for a Prospecting Permit before the Bureau of Mines and Geo-Sciences (BMGS for brevity). However, based on the records of BMGS, the said area is also covered by several mining claims of Apex and other Small Scale Miners. Issue: Whethe...