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Philippines

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Philippine Supreme Court clarifies rule on minimum Philippine ownership of public utility companies

Vicente D. Gerochi IV
SyCip Salazar Hernandez & Gatmaitan
Manila

On June 28 2011, the Philippine Supreme Court, voting 9-3 in the case of Gamboa v. Teves, interpreted the term 'capital' appearing in Article XII, Section 11 of the Philippine Constitution – "[n]o franchise…for the operation of a public utility shall be granted except…to corporations or associations organised under the laws of the Philippines, at least 60% of whose capital is owned by [Philippine] citizens" – as referring "only to shares of stock entitled to vote in the election of directors and not to the total outstanding capital stock comprising both common and non-voting preferred shares."

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A legal market guide

The Philippines' legal market boasts several well-rounded heavyweights that regularly handle work in all sectors. Though many of them have focuses in areas such as litigation, intellectual property and energy and natural resources, they also receive mandates in highlight transactions in the transactional practices, such as banking and capital markets....

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Financial and corporate

Banking and capital markets

Mergers and acquisitions

Project finance

Restructuring and insolvency

CONTEXT AND TRENDS This year the Philippines saw a pick up in growth, with its economy growing 5.2% in the second quarter of 2012, outperforming neighbours and surprising industry experts....

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See also

Philippines
Asia-Pacific

Legislation guide

Philippine Supreme Court clarifies rule on minimum Philippine ownership of public utility companies

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