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MBR Mbmi Resources Inc.

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Share Name Share Symbol Market Type
Mbmi Resources Inc. TSXV:MBR TSX Venture Common Stock
  Price Change % Change Share Price Bid Price Offer Price High Price Low Price Open Price Shares Traded Last Trade
  0.00 0.00% 0 -

MBMI Announces Favourable Philippines Court Decision

04/02/2013 4:34pm

Marketwired Canada


MBMI Resources Inc. ("MBMI" or the "Company") (TSX VENTURE:MBR) is pleased to
provide an update as to the progress of certain legal proceedings involving the
Company's subsidiaries in the Philippines. The (Former) Tenth Division of the
Court of Appeals in Manila issued, on January 22, 2013, a resolution (the
"Resolution") in C.A. G.R. SP No. 113523 denying Motion for Reconsideration
filed by Redmont Consolidated Mines Corporation ("Redmont").


This is one of the several cases involving Redmont and the Company's
subsidiaries and affiliates in the Philippines. In these cases, Redmont
repeatedly argues that these affiliates and subsidiaries are not Philippine
nationals, and are therefore disqualified from engaging in mining activities in
the Philippines. The Court of Appeals' Resolution declined to discuss that
issue, because it is pending before the Supreme Court. The Court of Appeals,
however, dismissed this particular Redmont case based mainly on a finding that
Redmont had engaged in forum shopping (i.e., suing on the same cause of action
before multiple tribunals, which is prohibited under Philippine law).


On August 14, 2008, Redmont had filed a Complaint for Revocation with the
Compliance and Enforcement Division of the Philippines' Securities and Exchange
Commission ("SEC-CED") of the Philippines requesting that the certificates of
registration of the following companies be revoked: (1) Narra Nickel Mining and
Development, Inc. (2) Tesoro Mining and Development, Inc., (3) McArthur Mining,
Inc., (4) Sara Marie Mining, Inc., (5) Patricia Louise Mining and Development
Corporation, (6) Madridejos Mining Corporation together, (7) Bethlehem Nickel
Corporation and (8) San Juanico Nickel Corporation (the "Respondent
Corporations"). Redmont argued that the Respondent Corporations violated
constitutional and statutory restrictions on foreign ownership of corporations
engaged in the exploitation, development and utilization of natural resources.


On September 3, 2009, the SEC-CED ruled that all Respondent Corporations are
Philippine nationals as defined under Section 3 of the Foreign Investments Act
of 1991. Redmont thus appealed the SEC-CED Decision to the SEC En Banc.


On March 25, 2010, the SEC En Banc ruled that Redmont was engaging in forum
shopping because the issues then pending with the Court of Appeals in CA G.R. SP
No. 109703 (now pending with the Supreme Court in SC G.R. No. 195580) with
regard to Narra Nickel Mining, Tesoro Mining and McArthur Mining are the same as
the issues before the SEC En Banc. Thus, the SEC En Banc dismissed the case as
to the three mining companies without prejudice, but ruled that the case against
Sara Marie Mining, Madridejos Mining, Patricia Louise Mining, San Juanico Nickel
and Bethlehem Nickel (the "Remanded Respondent Corporations") should be remanded
for more information and further proceedings.


On April 29, 2010, the Remanding Respondent Corporations filed their Petition
for Review with the Court of Appeals, arguing that the SEC En Banc erred when it
dismissed the complaint without prejudice against some but not all Respondent
Corporations.


On May 23, 2012, the Court of Appeals reversed the SEC En Banc's Decision, and
sided with the Remaining Respondent Corporations by granting the Petition for
Review and dismissing the case with prejudice, due to Redmont's forum shopping.
The result of this decision is that Redmont's request in the original SEC-CED
case was therefore denied. This was the subject matter of the Motion for
Reconsideration of Redmont.


In its decision of January 22, 2013, the Court of Appeals denied Redmont's
Motion for Reconsideration on the reasoning that the SEC En Banc erred when it
did not order the dismissal of the cases filed by Redmont against all the
Respondent Corporations. Redmont has fifteen days from receipt of the decision
to appeal to the Supreme Court of the Philippines. 


Although the Court of Appeals did not rule upon the issue of Remanded Respondent
Corporations' nationality, MBMI believes that its arguments on this matter are
strong and should be ultimately upheld.


For further information relating to the Company or this release, please refer to
the Company's website at www.mbmiresources.com. 


Cautionary Statement: 

The foregoing information may contain forward-looking statements relating to the
future performance of the Company. Forward-looking statements, specifically
those concerning future performance, are subject to certain risks and
uncertainties, and actual results may differ materially from the Company's plans
and expectations. These plans, expectations, risks and uncertainties are
detailed herein and from time to time in the filings made by the Company with
the TSX Venture Exchange and securities regulators. The Company does not assume
any obligation to update or revise its forward-looking statements, whether as a
result of new information, future events or otherwise.


FOR FURTHER INFORMATION PLEASE CONTACT: 
MBMI Resources Inc.
John Wong
President and CEO
905-886-3888
mbmi@mail.com
www.mbmiresources.com

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