C07165-2023

SECURITIES AND EXCHANGE COMMISSIONSEC FORM 17-C

CURRENT REPORT UNDER SECTION 17
OF THE SECURITIES REGULATION CODE
AND SRC RULE 17.2(c) THEREUNDER

1. Date of Report (Date of earliest event reported)
Sep 28, 2023
2. SEC Identification Number
0000091447
3. BIR Tax Identification No.
000190324000
4. Exact name of issuer as specified in its charter
SEMIRARA MINING AND POWER CORPORATION
5. Province, country or other jurisdiction of incorporation
Philippines
6. Industry Classification Code(SEC Use Only)
7. Address of principal office
2/F DMCI Plaza, 2281 Don Chino Roces Avenue, Makati City Postal Code 1231
8. Issuer's telephone number, including area code
632-8883000
9. Former name or former address, if changed since last report
-
10. Securities registered pursuant to Sections 8 and 12 of the SRC or Sections 4 and 8 of the RSA
Title of Each Class Number of Shares of Common Stock Outstanding and Amount of Debt Outstanding
Common 4,250,547,620
11. Indicate the item numbers reported herein
5

The Exchange does not warrant and holds no responsibility for the veracity of the facts and representations contained in all corporate disclosures, including financial reports. All data contained herein are prepared and submitted by the disclosing party to the Exchange, and are disseminated solely for purposes of information. Any questions on the data contained herein should be addressed directly to the Corporate Information Officer of the disclosing party.

Semirara Mining and Power CorporationSCC

PSE Disclosure Form 4-26 - Legal Proceedings References: SRC Rule 17 (SEC Form 17-C) and
Section 4.4 of the Revised Disclosure Rules

Subject of the Disclosure

Resolution dated August 4, 2023 of RTC-Antique
Background/Description of the Disclosure

We refer to the case docketed as “HGL Development Corporation vs. Semirara Mining Corporation, Civil Case No. C-146, RTC-Culasi, Antique, Branch 13,” filed by HGL Development Corporation (HGL) on November 17, 2003 against Semirara Mining Corporation (now Semirara Mining and Power Corporation or SMPC) for recovery of possession of a parcel of land covering 367 hectares subject of the Forest Land Grazing Lease Agreement No. 184 issued by the Department of Environment and Natural Resources (DENR) in favor of HGL located in Semirara Island, Antique with a prayer for the issuance of a writ of preliminary mandatory injunction.

The Regional Trial Court, Culasi, Antique, Branch 13 (RTC-Antique), in its resolution dated September 16, 2004, granted the issuance of a writ of preliminary mandatory injunction, which was issued on October 6, 2004, after HGL posted a bond. As the issuance of the writ was sustained by the Court of Appeals-Cebu (CA-GR CEB SP No. 00035) on January 31, 2005, SMPC appealed to the Supreme Court (SC GR No. 166854) for which a temporary restraining order (TRO) was issued in favor of SMPC on March 2, 2005. On December 6, 2006, the Supreme Court denied SMPC’s petition and lifted the TRO. SMPC’s motion for reconsideration and supplemental motion for reconsideration were both denied with finality by the Supreme Court on February 14, 2007. The Supreme Court’s December 6, 2006 decision became final and executory on March 13, 2007.

Based on the denial of SMPC’s petition, HGL filed a motion to execute the RTC-Antique’s order for a preliminary mandatory injunction against SMPC. On March 26, 2007, SMPC opposed HGL’s motion based on the supervening event, i.e., SMPC secured a 3-year DENR Temporary Special Land Use Permit over a 60-hectare portion of the property subject of the case valid until March 2010. SMPC instead sought the dismissal of the case based on forum shopping, which the RTC-Antique granted with prejudice on July 18, 2007. HGL’s motion for reconsideration was denied on November 20, 2007.

HGL did not appeal the case. However, it subsequently filed on February 6, 2008 a petition for indirect contempt/petition for certiorari before the Supreme Court (HGL Development Corporation, represented by its President, Henry G. Lim, Petitioner vs. Hon. Rafael L. Penuela, in his capacity as Presiding Judge of RTC-Culasi, Antique, Branch 13, and Semirara Coal Corporation (now Semirara Mining and Power Corporation), Respondents, SC G.R. No. 181353).

HGL alleged, among others, that the dismissal of the RTC-Antique case constitutes indirect contempt as HGL was not able to implement the Supreme Court’s decision dated December 6, 2006, and resolution dated February 14, 2007, as the RTC-Antique dismissed the main case on the ground of forum shopping.

On June 6, 2016, the Supreme Court partially granted HGL’s petition and reinstated Civil Case No. C-146 and remands it to RTC-Antique to determine the damages to be awarded to HGL for the non-enforcement of the writ of preliminary mandatory injunction dated October 6, 2004.
Name of the court or agency in which the proceedings are pending Regional Trial Court, Culasi, Antique, Branch 13
Date Instituted Nov 17, 2003
Docket Number Civil Case No. C-146
Principal Parties

HGL Development Corporation vs. Semirara Mining Corporation, Civil Case No. C-146, RTC-Culasi, Antique, Branch 13
Nature and description of the legal proceedings

This is a civil case filed by HGL Development Corporation (HGL) on November 17, 2003 against Semirara Mining Corporation (now Semirara Mining and Power Corporation or SMPC) for recovery of possession of a parcel of land covering 367 hectares subject of the Forest Land Grazing Lease Agreement No. 184 issued by the Department of Environment and Natural Resources (DENR) in favor of HGL located in Semirara Island, Antique with a prayer for the issuance of a writ of preliminary mandatory injunction.
The effect(s) on the Issuer's business or operations, if any

It does not have any effect on its business or operations.
Other Relevant Information

The amendment is to inform the Commission and the Exchange that today we received a copy of the RTC-Antique resolution dated August 4, 2023, ordering SMPC to pay HGL the amount of P3,000,000.00 as temperate damages and P3,521,168.00 attorney’s fees while the claim for moral damages was denied for lack of basis. All monetary awards shall earn 6% legal interest per annum from the finality of the resolution until its full satisfaction.

SMPC intends to file a motion for reconsideration before the RTC-Antique or avail of other remedies provided under the law and shall advise the Commission and the Exchange of further developments of the case.

In accordance with SEC Notice issued on March 17, 2020, attached herewith is SEC Form 17-C for your immediate reference.
Filed on behalf by:
Name John Sadullo
Designation Vice President - Legal and Corporate Secretary