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

ACCRALAW possesses a remarkably strong full service offering, but its standout area is dispute resolution. Its practice, which sits alone in the top tier, has been bolstered with over 15 new associates and the return of senior partner Francisco Ed Lim. Despite senior partner Teresita Herbosa’s departure for a prestigious post as chair of the Securities and Exchange Commission, the outstanding depth and expertise of ACCRALAW’s dispute resolution practice, as well as the return of Lim, means the practice remains in safe hands.

In one landmark dispute, partners Victor P Lazatin and Gilbert D Gallos represented Smartmatic International in a Supreme Court petition that challenged the legality of the first automated election project. This eventually resulted in the first automated presidential and local elections in the Philippines.

Lazatin, along with partners Oliver L Pantaleon and Arnold M Corporal, also advised Manila Electric in a dispute, now in the Court of Appeals, regarding a PhP14.3 billion (US$337 million) settlement between the company and National Power.

“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.

Villaraza Cruz Marcelo & Angangco, also known as CVCLAW, has been active in the dispute resolution area this year. The 12 partner practice includes name partner and former Solicitor General Simeon Marcelo, and the firm has represented prominent clients such as Bangko Sentral ng Pilipinas and First Philippine Industrial Corporation.

Some of the largest disputes the firm has handled this year are tax related. For example, it is acting for Pilipinas Shell Corporation in several disputes against the Bureau of Internal Revenue and the Bureau of Customs. In the largest of these, Marcelo is representing the company in litigation regarding alleged unpaid excise taxes.

RMBSA’s dispute resolution practice is a huge asset to the firm’s exceptional corporate capability. Although better known for its performance in areas such as banking and finance, the firm’s its dispute resolution team is a standout in the Philippine market and is led by name partner Eduardo De Los Angeles.

Partner Eduardo Hernandez advised Basic Energy Corporation in a dispute regarding offshore oil field contracts that had been signed in the 1970s. The contracts were not comprehensive, and US$15 million was in dispute. The two parties are now in settlement talks.

“SyCip Salazar Hernandez & Gaitmaitan’s litigation practice boasts high quality lawyers,” says one client. This year, the practice has advised such high profile clients as the US Government, Wyeth Philippines, Mitsubishi Heavy Industries and BMW Group Asia. The firm handles all types of disputes through its Manila, Cebu and Davao offices, but is especially known for product liability suits. Its international arbitration practice is also growing.

Kapunan Garcia & Castillo Law Offices

In a high profile case, Kapunan Garcia & Castillo Law Offices is representing the West Tower Condominium Corporation in its petition for a Writ of Kalikasan due an oil spill caused by corrosion in a nearby pipeline. A Writ of Kalikasan is a legal action that can be sought when an individual’s constitutional right to a balanced and healthy ecology is threatened. The firm is acting against First Philippine Industrial and First Gen, which is represented by Poblador Bautista & Reyes and Villaraza Cruz Marcelo & Angangco.

Zambrano & Gruba

Zambrano & Gruba’s dispute resolution practice has this year advised high profile clients such as Fontana Development, Philippine National Bank, Philippine Airlines and De La Salle University System. In its largest case, the firm is working in conjunction with a Singaporean law firm to advise a group of Philippine banks in a dispute filed in the Singapore High Court involving US$294.4 million.