C01582-2017

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)
Mar 20, 2017
2. SEC Identification Number
91447
3. BIR Tax Identification No.
410-000-190-324
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 Chino Roces Avenue, Makati City Postal Code 1231
8. Issuer's telephone number, including area code
632-8883000/8883055
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 Shares 1,065,286,460
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

Dismissal of the complaint

Background/Description of the Disclosure

We refer to our previous disclosure relative to the case of “Bauer Foundations Philippines, Inc., Plaintiff, vs. Semirara Mining Corporation and/or Victor A. Consunji and/or Jaime B. Garcia, Defendants, Civil Case No. R-QZN-14-04802-CV, Regional Trial Court-Quezon City, Branch 100.”

Name of the court or agency in which the proceedings are pending Regional Trial Court, Quezon City, Branch 100
Date Instituted May 23, 2014
Docket Number R-QZN-14-04802-CV
Principal Parties

Plaintiff: Bauer Foundations Philippines, Inc.
Defendants: Semirara Mining Corporation and/or Victor A. Consunji and/or Jaime B. Garcia

Nature and description of the legal proceedings

Plaintiff Bauer Foundations Philippines, Inc. (Bauer) alleged that the Corporation, in bad faith, prevented Bauer from drilling and grouting the remaining 35 holes of the agreed 122 holes in violation of the parties’ agreement. The agreement generally covered the construction of numerous drilled shafts of 1.2-meter-diameter with a depth of 150 meters to be filled with grout and/or concrete for the fault line areas at coal mining area of the Corporation in Semirara Island, Caluya, Antique.
In view of such alleged breached, Bauer is asking the court that the Corporation be adjudged to pay the amount of PHP7,000,000 pesos for actual damages representing unpaid value of the 35 undrilled holes, PHP500,000 pesos exemplary damages, PHP100,000 pesos litigation expenses, and costs of suit.

Contrary however to the allegations of Bauer, it is Bauer which failed to perform and deliver based on the timeline as agreed.

The effect(s) on the Issuer's business or operations, if any

The Company does not expect the case to have any effect on its business or operations.

Other Relevant Information

The amendment refers to the receipt of a copy of the RTC Decision dated February 27, 2017 dismissing the complaint of Bauer against the Corporation, The dispositive portion of the Decision reads:

“WHEREFORE, premises considered, judgment is hereby rendered ordering the DISMISSAL of the instant complaint. Defendant’s counter claim for attorney’s fees is likewise DISMISSED.

Costs against plaintiff.

SO ORDERED.”

Filed on behalf by:
Name John Sadullo
Designation Vice President - Legal and Corporate Secretary