Mining & Natural Resources/Energy

Mining and Energy BW

“We follow a multi-disciplinary approach, often involving collaboration with the firm’s other departments, allows the team to effectively service all its clients’ business needs.”

The firm is recognized for its conscientious, proactive, and highly skilled mining and energy team.

In our mining practice, we provide counsel to leading mining and exploration companies on a broad range of matters, including compliance with nationality and capitalization requirements, obtaining government approvals, licenses and registrations required for the commencement of mining activities, preparing and reviewing applications for mineral agreements and exploration permits, and drafting, negotiating and reviewing contracts pertinent to the mining industry, such as joint ventures, operating agreements and other suitable business arrangements. We also have experience in rendering title opinions, advice on land tenure and ancestral domain issues, and mining litigation, among others.

In our energy practice, we advise investors, private equity funds, lenders, contractors and suppliers on the appropriate transaction and governance structures of mergers and acquisitions, including development, financing, operation, sale and distribution projects in the power and energy sector. Our lawyers have represented various clients in successfully obtaining required government accreditation and permits and also routinely negotiate, draft and review agreements and contracts necessary to implement complex transactions in this field.

With a sustainable environment in mind, our lawyers have rendered advice on investments and laws governing renewable sources of energy, including hydro, wind, geothermal, solar and biofuels.

A multi-disciplinary approach, often involving collaboration with the firm’s other departments, allows the team to effectively service all its clients’ business needs.

The team has been consistently commended for offering concise, relevant and insightful advice born from a precise understanding of the needs of foreign companies doing business in the Philippines. The group also possesses distinct competencies and resources that give it the ability to forge strategic partnerships with relevant agencies and organizations.

Recent Publications

Chambers Practice Guide: Mining – Law and Practice (2022)

Lexology: Mining in the Philippines (2021)

"Led by the Philippines’ former secretary of defence, Avelino J Cruz Jr, and former ombudsman and solicitor-general Simeon V Marcelo, Cruz Marcelo & Tenefrancia is perhaps the country’s most respected litigation and dispute resolution firm.

The firm has the expertise to counsel and guide their clients in every step of the dispute resolution process, including assistance in drafting arbitration/submission agreements, taking a proactive approach to avoidance and settlement of disputes, vigorous representation before ad hoc or institutional arbitral tribunals, seeking specific court reliefs for both domestic and international arbitration seated in the Philippines or abroad, including interim measures of protection, recognition, vacation, enforcement and execution of arbitral awards, and in other post-rendition of award remedies including appellate representation.

A notable deal for the firm this year was advising Sagittarius Mines, one of five holders of financial and technical assistance agreements in the Philippines, on legal hurdles preventing their US$37 billion project from continuing.

As part of its expansion plans, the firm admitted four lawyers to partnership level in the past 12 months."

Asia Business Law Journal

Cruz Marcelo

2020-04-20T07:36:43+00:00

Asia Business Law Journal

"Led by the Philippines’ former secretary of defence, Avelino J Cruz Jr, and former ombudsman and solicitor-general Simeon V Marcelo, Cruz Marcelo & Tenefrancia is perhaps the country’s most respected litigation and dispute resolution firm. The firm has the expertise to counsel and guide their clients in every step of the dispute resolution process, including assistance in drafting arbitration/submission agreements, taking a proactive approach to avoidance and settlement of disputes, vigorous representation before ad hoc or institutional arbitral tribunals, seeking specific court reliefs for both domestic and international arbitration seated in the Philippines or abroad, including interim measures of protection, recognition, vacation, enforcement and execution of arbitral awards, and in other post-rendition of award remedies including appellate representation. A notable deal for the firm this year was advising Sagittarius Mines, one of five holders of financial and technical assistance agreements in the Philippines, on legal hurdles preventing their US$37 billion project from continuing. As part of its expansion plans, the firm admitted four lawyers to partnership level in the past 12 months."

https://cruzmarcelo.com/testimonials/litigation-dispute-resolution-7/

"Led by Simeon Marcelo, Cruz Marcelo & Tenefrancia is highly regarded in the dispute resolution field with solid expertise in the areas of commercial, banking, tax, administrative litigation, appellate practice, and alternative dispute resolution. The firm also regularly acts in pro bono cases.

Miguel Silos is noted for his commercial and tax disputes expertise while John Jerico Balisnomo is active in government and regulatory litigation.

The firm serves large domestic and international corporations across a range of industries including insurance, consumer goods and services and energy.

In one case highlight—in the government and regulatory space—the firm acted for the largest business organisation in the country, leading universities, and a major Metro Manila shopping mall owner in a petition before the Supreme Court questioning regulations issued by the Department of Energy (DOE) and the Energy Regulatory Commission (ERC) under the Electric Power Industry Reform Act. In another highlight, the firm advised Sagittarius Mines in its appeal to the Office of the President against the cancellation of its environmental compliance certificate (ECC) by the Department of Environment and Natural Resources (DENR).

Cruz Marcelo & Tenefrancia also represented Dole Food Company in a series of intentional tort and product liability cases filed by over 56,000 claimants against several agricultural and food processing corporations in the biggest tort claim in the Philippines; and acted for Bangko Sentral ng Pilipinas (BSP), the country’s central bank, in several criminal cases against bankers who committed syndicated swindling.

The firm’s major clients include Asia United Bank, Coca-Cola, Pilipinas Shell Petroleum Corporation, Philippine American Life and General Assurance Company, Philippine Chamber of Commerce and Industry, and Victory Fund."

IAM Patent 1000

Cruz Marcelo

2020-08-17T07:45:37+00:00

IAM Patent 1000

"Led by Simeon Marcelo, Cruz Marcelo & Tenefrancia is highly regarded in the dispute resolution field with solid expertise in the areas of commercial, banking, tax, administrative litigation, appellate practice, and alternative dispute resolution. The firm also regularly acts in pro bono cases. Miguel Silos is noted for his commercial and tax disputes expertise while John Jerico Balisnomo is active in government and regulatory litigation. The firm serves large domestic and international corporations across a range of industries including insurance, consumer goods and services and energy. In one case highlight—in the government and regulatory space—the firm acted for the largest business organisation in the country, leading universities, and a major Metro Manila shopping mall owner in a petition before the Supreme Court questioning regulations issued by the Department of Energy (DOE) and the Energy Regulatory Commission (ERC) under the Electric Power Industry Reform Act. In another highlight, the firm advised Sagittarius Mines in its appeal to the Office of the President against the cancellation of its environmental compliance certificate (ECC) by the Department of Environment and Natural Resources (DENR). Cruz Marcelo & Tenefrancia also represented Dole Food Company in a series of intentional tort and product liability cases filed by over 56,000 claimants against several agricultural and food processing corporations in the biggest tort claim in the Philippines; and acted for Bangko Sentral ng Pilipinas (BSP), the country’s central bank, in several criminal cases against bankers who committed syndicated swindling. The firm’s major clients include Asia United Bank, Coca-Cola, Pilipinas Shell Petroleum Corporation, Philippine American Life and General Assurance Company, Philippine Chamber of Commerce and Industry, and Victory Fund."

https://cruzmarcelo.com/testimonials/intellectual-property-5/

Cruz Marcelo & Tenefrancia has experience in commercial, residential, industrial, and mixed-use real estate projects, and its clients include multilateral international organisations, local government units and private corporations. The team often advises on the purchase (including the due diligence) of real estate. Recently, Divina Gracia Pedron and a team assisted the Korean Embassy in the Philippines in the negotiation of a sale agreement for the acquisition of land and/or office condominium units in Metro Manila for the use of the Korean Cultural Center Philippines. Aida Araceli Roxas-Rivera and Manuel Manaligod are names to note.