|
Energy
|
Mining
The Firm has a rapidly growing mining practice to keep in step with the resurgence of the Philippine mining industry. The in-depth knowledge and experience of the Firm's mining lawyers in all areas of mining practice has enabled the Firm to provide high-caliber and multi-dimensional services to its clients.
Its industry knowledge and experience covers:
- Minerals exploration, development and utilization;
- Fuel supply and power generating facilities;
- Environmental and other regulatory compliance;
- Project finance for mining projects; and
- Infrastructure projects for mining, such as roads, ports, water systems, telecommunications facilities and other infrastructure.
The Firm's biggest mining client is Lafayette Mining Limited ("LML"), which is registered with the Australian Stock Exchange. The Firm represented LML in its Rapu-Rapu Polymetallic Project in the Philippines. The Rapu-Rapu mineral resource currently supports an eight-year mine life capable of producing approximately 10,000 tonnes of copper in concentrates, 14,000 tonnes of zinc in concentrates, 50,000 ounces of gold and 600,000 ounces of silver annually.
In 2005, the project was fined, suspended and issued a cease-desist order by the Philippine government's Department of Environment and Natural Resources ("DENR"). The suspension was eventually lifted in February 2007. By that time however, the project had plunged into financial and social crises and was suffering losses amounting to US$3 million per month due to its suspended operations. LML engaged the Firm in January 2006 to lead the crisis management team that will ensure the resumption of full and permanent operations.
The Firm successfully reversed the public opposition to the project and restored its social license by obtaining favorable endorsements from the concerned congressional representatives, the executive and legislative councils of all local government units affected, the business and religious sectors, non-governmental organizations and other sectors of society to allow the project's permanent resumption of operations.
The Firm represented the client (i) in investigations conducted by congressional committees, local government councils, the DENR and the Presidential Fact-Finding Commission, (ii) in making its case before various government agencies, (iii) by acting as spokesman before local and foreign media, and (iv) in briefing the members of the cabinet and the President of the Philippines on the disciplinary actions imposed from the client's own internal investigations as well as the remediation measures being done, management and operational changes and environmental structures being put in place, by the client to ensure full compliance with all Philippine and international environmental and safety laws, rules and regulations under its new management.
In addition to the foregoing, the Firm has also acted for both domestic and foreign mining companies in their acquisition of the mining claims and rights covered by existing projects with the ultimate objective of rehabilitating and rendering these projects productively operational. The Firm has rendered a broad range of services for these clients, including extensive due diligence; structuring their investments in the mining claims; negotiating and drafting the acquisition documents; and obtaining the social license for the rehabilitation and re-opening of the mining projects by coordinating and establishing ties with the affected local governments, indigenous peoples and small-scale miners, the armed forces and police, and the religious groups.
Mr. Julito R. Sarmiento and Mr. Roderico V. Puno lead the Firm's mining practice.