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International Litigation – The Philippines

posted 1 month ago

Author

Daryll Matthew T. Santos

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+63918*****

Siguion-Reyna, Montecillo, & Ongsiako Law Office is a full-service firm with more than a century of legal service and expertise, having been founded in 1901. The firm takes on the traditional values that have guided its practice for more than 100 years, earning a reputation for professionalism and excellence. It does not shy away, however, from applying the latest legal and out-of-the-box thinking to a client’s problem – approaching it in a creative, multi-disciplinary manner.

The firm manages an active caseload involving civil, criminal and administrative litigation, involving a wide array of disputes from personal and complex commercial litigation. In the last decade, it has taken an increasing number of commercial and construction arbitration cases given the greater acceptance by juridical corporations of Alternative Dispute Resolution (ADR) methods. In this practice, the firm represents corporate clients before such arbitration centres such as the Philippines Dispute Resolution Center, Inc. (PDRCI) and the Construction Industry Arbitration Commission (CIAC), as well as before courts for post-arbitral award proceedings.

Siguion-Reyna, Montecillo, & Ongsiako represents local and international clients in trial and appellate proceedings before regular courts and administrative bodies. Our roster of clients includes multinational corporations, local and international banks, manufacturing companies, business processing offices (BPO), as well as property development companies, among others.

With over a century of litigation experience, the firm has not only served its clients but also contributed greatly to Philippine jurisprudence. Our lawyers are trained to craft legal strategies to achieve our clients’ objectives and protect their interest/s, to study the art of trial – and to develop their writing skills and a “to-the-point” writing style for appellate practice.

I handle all types of litigation involving civil and criminal cases, special proceedings before the regular courts of justice, administrative cases before various agencies of the government, as well as appellate proceedings before the Court of Appeals and the Supreme Court. The clients I represent include, among others, multinational corporations, local and international banks, manufacturing and mining companies, business processing offices (BPO), as well as property development companies. I actively handle white-collar and business-related crimes. I am also currently involved in Settlement of Estate cases and Environmental or Mining cases, among others. In addition, the types of cases I handle are varied, as differing clients with various needs seek our firm’s legal representation due to our pedigree of more than a century of legal service and expertise, not only in the field of litigation but also in other fields of law.

I am mostly involved in court litigation. Most of the clients that seek our firm’s legal representation would go to us when there is already an on-going court case, or at least the same is imminent. Since my passion is in litigation practice, I thrive in the adversarial nature of the proceedings, particularly in writing pleas, court appearances, as well as oral and written argumentation.

Some clients are better suited to litigation, especially in cases wherein the issues at hand require a formal court ruling or legal precedent that may impact future cases. It is also the best option when immediate relief, such as a temporary restraining order or injunction, is necessary to enforce or protect a client’s legal rights.

Litigation also becomes a more viable course of action in cases wherein compromise is not an option – such as in petitions for habeas corpus, which seek to direct a person detaining another to produce the latter’s physical body in court, or criminal cases involving serious offences, such as violence against women and children. In these situations, litigation provides a timely and effective solution, as the gravity of the rights involved and the potential for irreparable harm necessitate prompt court intervention.

Ultimately, the decision to litigate should be based on a careful evaluation of the specific circumstances of the case, the client’s goals and the potential benefits or drawbacks of differing dispute resolution options.

The Philippine Dispute Resolution Center, Inc. (PDRCI) and the Construction Industry Arbitration Commission (CIAC) are two of the major dispute resolution institutions in the Philippines. The PDRCI administers arbitration and mediation in specialised fields, such as maritime, banking, finance, insurance, securities and IP. On the other hand, the CIAC promotes, regulates and administers construction disputes between parties.

The major issues in cross-border disputes are jurisdiction and venue. In cross-border transactions or disputes, to a great degree, the challenges are the governing law over the parties and the venue of dispute resolution in the case of conflict. This is due to the involvement of separate parties with differing nationalities, whose acts or transactions involve different situs (States or jurisdictions), which have their own sets of laws. In such cases, Conflicts of Laws principles become relevant.

Cross-border disputes also present challenges with respect to interim reliefs or measures for protection, as well as recognition and enforcement of final decisions in case of civil cases and arbitral awards in cases of arbitration.

Yes, there has been a noticeable increase in environmental, social and governance (ESG) litigation in the Philippines in recent years. This trend reflects a growing awareness of corporate responsibility and sustainability. In fact, our law firm recently presented at a legal summit on “The ESG Effect on Due Diligence”, highlighting the rising need for corporations to integrate ESG principles into their investment strategies and decision-making processes.

Challenges include the enforcement of existing laws and regulations, as well as regulatory hurdles, particularly in environmental matters. Moreover, many businesses, especially small and medium enterprises, struggle to balance the costs of implementing ESG initiatives with their need for profitability. This challenge can hinder their ability to provide fair wages, safe working conditions and other labour-related ESG commitments, often leading to court proceedings for labour law violations. Meanwhile, there is a need for greater public awareness and understanding of ESG, along with clearer guidelines on how to measure and report ESG performance in the Philippine context.

Despite these challenges, the growing emphasis on ESG in the Philippines is helping the public to adapt over time. Government initiatives, such as the Securities & Exchange Commission’s (SEC) Guidelines on the Philippine Sustainable Finance Taxonomy and their implementation of rules – such as requiring publicly listed companies to submit annual ESG reports – support this transition and encouraging more sustainable business practices.

Information is a lawyer’s most valuable asset, which makes sharing insights through publications and networking events essential for the broader litigation community.

Firstly, it helps lawyers stay informed about recent legal developments and emerging trends, ensuring they are aware of changes that could impact their practice. Secondly, it encourages collaboration among practitioners, allowing them to work together on complex or novel cases. Lastly, exchanging insights gives legal professionals the chance to learn from each other’s experiences and share their best practices, as well as innovative strategies.

Furthermore, staying connected helps lawyers keep up with emerging trends, especially with the shift towards a digital landscape. It is important to take advantage of modern technology and utilise this to advance the legal profession. Technology unites and binds people, and connectivity goes a long way. By engaging in publications and events, lawyers can stay up to date on technological advancements and be better prepared to navigate the ever-changing legal landscape.

Firstly, the Department of Justice (DOJ) issued the 2024 Department of Justice (DOJ)-National Prosecution Service (NPS) Rules on Preliminary Investigations & Inquest Proceedings (2024 DOJ-NPS Rules), which supersedes the rules on preliminary investigations under the Rules of Court. The most significant change introduced by the 2024 DOJ-NPS Rules is the quantum of evidence required – from the standard of “probable cause” to “prima facie evidence with reasonable certainty of conviction.” This higher evidentiary threshold will likely require more thorough preparation and substantial evidence gathering at an earlier stage of the case, which will alter how litigation strategies are formed in criminal cases.

Secondly, there are also pending developments in the Rules of Civil Procedure. According to the Supreme Court, they are conducting regional consultations on the proposed amendments to “address issues of docket congestion, the increasing complexity of modern legal disputes, and the persistent need for timely case resolution.”

In addition, the Supreme Court’s mandate for electronic filing in civil cases is another major development. All pleadings and submissions in civil cases before first- and second-level courts must now be filed electronically, and court orders and documents are likewise transmitted digitally. This shift toward technology integration is also reflected in the approval of the Guidelines on the Conduct of Videoconferencing, which allow remote/online appearances in court proceedings.

Lastly, the Code of Professional Responsibility & Accountability (CPRA) – recently enacted by the Supreme Court – introduces new ethical guidelines for lawyers, including the responsible use of social media platforms. This change reflects the evolving nature of legal practice, as well as the increasing importance of maintaining professional conduct in both traditional and digital spaces.

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