Mining and Natural Resources

The Firm has extensive experience in handling mining matters.

For many years, we have been legal counsel to some of the biggest mining companies in the Philippines, including Atlas Consolidated Mining Corporation, Philex Mining, Marcopper, and Maricalum Minining. The Firm has also rendered advice to start-ups, joint ventures, and financiers of mining operations. In addition to the Firm advising the mining client in all aspects of its business including corporate, tax and labor, the Firm also has extensive experience in all aspects of natural resources law, whether at the project documentation, administrative, or dispute resolution stage.

The Firm renders a comprehensive array of legal services relating to mining including the following: (a) giving of advice on foreign investment in the mining industry with due regard to the limitations on foreign ownership under the Foreign Investments Act, Anti-Dummy Law and other relevant laws and regulations; (b) setting up legal entities or such combinations as are appropriate (such as joint venture) to create a legal presence in the Philippines and undertake the mining investment through the created legal entity; (c) preparation of documents to effect the investment and protect minority rights or foreign interests such as Share Purchase Agreement and Shareholders Agreement; (d) conduct of comprehensive legal due diligence on a target mining company or rights holder on behalf of the prospective investor/acquirer, including verification of status of grant, conflicting claims, compliance with administrative and grant conditions; (e) advisory work in connection with filing, completion, and negotiation of mineral exploration, production sharing, and technical service agreements; and (f) preparation of production sharing, offtake, royalty, and other agreements of similar nature.

Recent mining projects of the Firm include assisting in the drafting of the financing arrangements for mine expansion on behalf of a foreign financier; advising the principal stockholder in the full acquisition of a mining company through purchase of shares and financial claims from its foreign owners; acting as counsel in the enforcement of share purchase agreements leading to the acquisition of a mining company from the Asset Privatization Trust; documentation ancillary to the listing on a foreign stock exchange of a company with local mining interests; drafting of exploration and production agreements on behalf of foreign investors dealing with owners of local properties; acting as Philippine counsel of a mining company and its controlling Philippine stockholder in the corporate reorganization, financial restructuring and settlement with the foreign and domestic lenders, the exit of the 40% foreign stockholder, including the rendering of legal advisory services in connection with the handling of the tailing leak and its environmental consequences, the negotiation for the clean-up, rehabilitation, remediation and restoration agreements and dealing with the government agencies in the litigation involving the tailing leak.

        
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