CARMEN CLARA G. LESACA

Fields of Practice

Received her Bachelor of Laws (Ll.B.) degree from the University of the Philippines in 1997, where she graduated as a member of the honor society, ranking 9th in her batch. She was admitted to the Philippine Bar in 1998. In 1993 she obtained a Bachelor of Arts degree (Psychology) from the Ateneo de Manila University where she also held a lecturer’s post for the Legal Management Department. She was an associate lawyer with SyCip Salazar Hernandez & Gatmaitan and was a former law clerk for (retired) Associate Justice Minerva P. Gonzaga-Reyes of the Supreme Court of the Philippines.
Relevant Experiences

• Acting as local legal consultant in a consortium assisting an international advisory group in the review and implementation of public bidding processes in relation to the US$842-Million rail transit system expansion in Metro Manila. Work includes the review of Philippine law governing public-private partnership in infrastructure projects, providing advice to government agencies on contractual and regulatory requirements governing public bidding processes, and drafting legal and contractual documents required for the transaction.


• Acted as a member of the project advisory team to the Power Sector Assets and Liabilities Management Corporation ("PSALM") for the privatization of the National Power Corporation ("NPC") and restructuring of the Philippine electricity industry.


• Developed a structure and process for the transfer of NPC obligations under IPP contracts to PSALM and the National Transmission Company ("TransCo") pursuant to the intent and requirements of EPIRA. Work included preparation of enabling contracts and working papers, and consultations with NPC, TransCo, PSALM and IPPs.


• Acted as legal advisor for PSALM in the review and renegotiation of IPP contracts, including due diligence, negotiation of enabling/amendatory agreements, coordination with government agencies (including the National Economic and Development Authority, Department of Finance, Department of Energy and government legal counsels) to secure required project approvals, and advice on applicable laws and legal requirements.


• In relation to IPP renegotiations, assisted PSALM in the study of legal issues affecting NPC bonds and loan covenants.


• Acted as legal advisor assisting a government inter-agency committee in the review of NPC-IPP contracts. Work included identification of international best practices on IPP contracts, formulation of a methodology for the comparison and assessment of risks and other material features of the contracts, and recommendations for renegotiation strategy.


• Provided advice on tax implications relative to IPP transfer process.


• Provides advice on various aspects of taxation to numerous companies, including banks, insurance companies, real estate developers, property managers, hotels and restaurants, manufacturers and IT companies.