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Australian-listed Celsius Resources Ltd. and other complainants have filed a disbarment case against former executive chairman Atty. Julito “Sarge” Sarmiento and five other lawyers amid a dispute involving a copper-gold mining venture in the Philippines.
The complaint, filed Monday, 24 August, named Sarmiento Loriega (SL) Law founding and co-managing partner Atty. Maria Elizabeth “Beth” Peralta-Loriega; senior partners Atty. Recolito Ferdinand “Ricky” Cantre Jr., Atty. Jose Linsangan and Atty. Bryan San Juan; and partner Atty. Christine Clemente.
Celsius said several junior associates of the firm were also named in the disciplinary proceedings.
The complaint alleges violations of professional responsibility rules stemming from an ownership structure that Celsius claims was intended to allow foreign investors to retain control of Philippine subsidiaries despite constitutional nationality restrictions.
The filing came days after Celsius lodged a separate criminal complaint with the Department of Justice against Sarmiento for alleged violation of the Anti-Dummy Law.
At the center of the dispute is a 17 January email that Celsius said Sarmiento sent to executives of India-based Kiri Industries Ltd. and a director of Makilala Mining Company Inc. (MMCI).
Celsius alleged that the email outlined an arrangement in which Filipino shareholders, including SL Law partners, would hold the required Filipino ownership while foreign investors retained control through deeds of trust and undated deeds of assignment.
The allegations are connected to MMCI and the development of the Maalinao-Caigutan-Biyog Copper-Gold Project in Pasil, Kalinga.
Celsius holds a 40 percent interest in MMCI, which operates the project under a Mineral Production Sharing Agreement with the Philippine government.
The latest complaint seeks disciplinary action against Sarmiento and the other respondents in their capacity as members of the Philippine Bar.