Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

Though its litigation practice often steals the spotlight, Poblador Bautista & Reyes’ banking and finance practice is a popular choice for many clients in the Philippine market.

In one highlight transaction, partner Alexander Poblador is acting for United Overseas Bank Philippines, a subsidiary of Singapore’s United Overseas Bank, in issues from its sale of over PhP1 billion in non performing loans and other assets to a special purpose vehicle.

Poblador also assisted a client in procuring a US$1 billion credit facility from an international bank and represented the Bank of Commerce in handling large delinquent accounts.

“The level of technical expertise and innovation exhibited by Poblador Bautista & Reyes was outstanding, especially given the limited time available, the confidentiality required, and the due diligence provided,” says one client.

Partner Gilbert Reyes also earns plaudits from clients. One says: “[He] acted with utmost professionalism, more so during a difficult period over the holidays, and with utmost confidentiality.”

The firm’s involvement in Top Frontier Investment Holdings’ cross investment agreement with San Miguel Corporation was a highlight this year. Partner Raymund Rodriguez, head of the firm’s M&A practice, and partner Alexander Poblador advised Top Frontier Investment in a transaction worth PhP64.3 billion.

The strong litigation practice at Poblador Bautista & Reyes forms the foundation of most of its construction and real estate work, and is led by name partner Alexander Poblador.

Poblador is representing property developer Ayala Land at the trial court level regarding a property ownership dispute regarding valuable land in Metro Manila.

Partner Mario Luza Bautista is also advising Malayan Insurance in an arbitration case in the Court of Appeals involving the interpretation of construction contracts to determine whether certain incurred costs are chargeable. The parties’ estimated costs differ by nearly PhP180 billion (US$4.3 billion).

“Name partner Alexander Poblador, who heads the dispute resolution practice, is really good,” says one practitioner. “He is one of the best in the Philippines.”

This year, the firm has handled several large energy and infrastructure cases, including one high profile matter regarding petroleum seepage from First Philippine Industrial’s oil pipeline. Partner Mario Luza Bautista led the defence of First Philippine Industrial Corporation. The Supreme Court has issued a Writ of Kalikasan in response to the seepage. This is a new type of writ designed to provide immediate redress on environmental issues.

Poblador is also representing Mega Pacific eSolutions regarding the impeachment trial of the Ombudsman of the Philippine Senate. This was partially caused by the multi-billion peso computerisation programme of the Commission on Elections. Mega Pacific eSolutions was one of the companies involved in the consortium that computerised the elections.

Although Poblador Bautista & Reyes is best known for its corporate and financing practices, its multitalented lawyers also possess expertise in IP law. Founding partner Gilbert T Reyes and senior partner Jaime G Hofileña are pivotal figures in regard to the firm’s IP practice.

Reyes and Hofileña, along with partners Brigitte Da Costa-Villaluz and Luis S Clemente, assist Intel regularly in regulating sole proprietorships, partnerships and corporations that are attempting to utilise Intel’s trade marks inappropriately.

The firm has also acted for several multinational corporations on patent infringement or counterfeiting in the Philippines. This includes work for pharmaceutical companies Abbot Laboratories and Sanofi Aventis, and fashion company Liz Claiborne and its subsidiaries LC Licensing and Juicy Couture.

The employment practice of Poblador Bautista & Reyes has been involved in several landmark labour and employment cases this year for multinational companies.

In a highlight case, partner Mario Bautista acted for EEI Corporation, one of the largest Philippine construction companies, in a class action suit by 630 former employees. EEI was defending itself from the employees’ US$100 million in liability claims. The dispute rose to the Supreme Court, which overturned an earlier ruling that the employees should be paid.

The firm has also acted for International School Manila, Federal Express and NXP Semiconducts Cabuyao, a subsidiary of chipmaker NXP BV, on employment issues.

Poblador Bautista & Reyes

Partner Nick Emmanuel C Villaluz of Poblador Bautista & Reyes is advising Northwest Airlines on legal matters regarding its merger with international carrier Delta Air. The firm also is representing Asian Terminals, operator of one of the largest Philippine ports, in various litigation cases involving marine insurance and damage claims.