Category Archives: Mining and Energy

Mining in the Philippines, Foreign Investments and the Grandfather Rule

How much foreign ownership is allowed for mining companies in the Philippines? The Supreme Court again discussed this issue in a recent ruling denying a motion for reconsideration filed by certain mining companies in the Philippines. The controversy is anchored on the requirement that mining, among other activities, is reserved by the Constitution — the highest law of the land — for Filipinos. Sec. 2, Art. XII of the Constitution, which provides that the exploration, development, and utilization of of natural resources is reserved to Filipinos, whether natural persons or juridical persons. Filipino juridical persons refer to “corporations or associations at least sixty per centrum of whose capital is owned by such citizens.” Continue reading

Renewable Energy (RE) and RE Service Contracts

While the topic on Renewable Energy (RE) is understandably greek and unappealing to many, it is of great interest to some, as gauged from the number of queries we’ve received. So we are posting this basic Q&A, part of the literature and opinions that we’ve prepared for clients involved in Renewable Energy.

In an effort to promote and encourage the utilization of renewable energy resources and to accelerate the exploration and development of renewable energy (RE) resources, the Congress of the Philippines passed Renewable Energy act of 2008 (Republic Act No. 9513) on 16 December 2008. Continue reading