Areas of Practice
Family
and Property Law
Private relationships among family members often entail conflicting rights that require intervention to arrive at a resolution. The Firm provides both services that require representations in court and out-of-court in resolving family conflict. These services include those required under:
- Adoption;
- Child custody and support;
- Declaration of Nullity of Marriage;
- Recognition of Foreign Divorce; and
- Proving Paternity.
Rights over properties are often intertwined with familial relationships, hence the Firm also provide assistance in resolving concerns and claims over personal and real properties whether in-court or out-of-court. These often include:
- Contests of Wills and Testament dispositions;
- Partition of Real Property;
Correction of Titles; - Reconveyance of Property;
- Ejectment of trespassers; and
- Drafting of Wills.
Services for Special Projects under Property Law that do not involve contests or adverse claims include:
- Property transfer and registration;
- Due diligence and documentation over real property to provide necessary information to the client regarding the viability for purchase of a certain property;
- Negotiations for sale of property; and
- Contractual partition of real property
The most complicated and conflicting interests between or among parties often require judicial intervention to arrive at a resolution that either determine status, grant or declare rights and/or award damages.
There may be situations where parties to a contract renege on their obligations, hence there arises a need to demand for restitution or a claim for damages. Civil litigation includes, but are not limited to the following:
- Litigation over Real Properties which includes: Quieting of Title; Ejectment of Trespassers; Reconveyance; and Foreclosure proceedings.
- Litigation over Personal Property which includes: Return of Properties (Replevin), and Foreclosures.
- Claim for Damages, which includes: Personal injury claims and Reimbursements
- Breach of Contract and/or Cancellation of Contract
- Specific Performance and/or Restitution
- Claim for Accounting
Individual actions or inactions may lead to criminal liability. Crimes are acts defined and penalized by either the Revised Penal Code of the Philippines or special statutes or local ordinances that make a certain action or inaction criminal.
The Firm provides for both prosecution of criminal cases and criminal defense for the accused.
Like services for civil litigation or criminal prosecution and/or defense, some cases are under special bodies/offices that are granted jurisdiction to hear and decide cases that require to be heard and litigated under these bodies. Hence, the Firm likewise offers services for cases that need to be litigated before:
- Civil Service Commission (CSC)
- Commission on Audit (COA)
- Commission on Elections (COMELEC)
- National Labor Relations Commission (NLRC)
- National Privacy Commission (NPC)
- The Department of Human Settlements and Urban Development (DHSUD)
- Office of the Ombudsman
- Local Sanggunians
The Firm also represents clients for cases under arbitration before the Construction Industry Arbitration Commission (CIAC) which involve disputes between parties in a construction contract.
The differing interests between employees and employers is a common cause of misunderstandings that result to claims against the other. The Firm provides assistance in coming up with a settlement between parties to avoid the unnecessary stresses of litigation.
However, as negotiations sometimes fail to arrive at a compromise, the need to litigate becomes the only alternative. Hence, the Firm also offers services and assistance required by either the employee or the employer to protect their interest in the present matter.
The operation of businesses comes with tedious documentations and corporate compliances as required by the Securities and Exchange Commission (SEC) or the Department of Trade and Industry (DTI). Included also in business operations is the tax connotation for the business organization. With these the firm offers services necessary for a successful and complaint business operation that includes:
- Incorporation before the SEC;
- Corporate Compliances – submission of documents and reports after the birth of a corporation/judicial entity;
- Tax planning for the business;
- Local compliances; and
- Corporate consultations and retainerships.
The more challenging part of operating a business is managing taxes to maximize income. This include knowing the expenses that are exempt from taxes or are deductible from the gross income to lower the tax implications. Strategizing taxes is an important factor in all business operations and is an area which the Firm is able to provide assistance for their clients.
As the saying goes, death and taxes are the two certain things in life. Fully aware of this, it is in one’s benefit to plan ahead of time as to what happens with the properties acquired during one’s lifetime. With this, the Firm provides the following:
- Estate Planning – drafting of wills, creation of trusts;
- Probate of a will during the lifetime of a testator or thereafter;
- Estate Settlement – whether judicial or extrajudicial;
- Tax Planning and Payment; and
- Compliance for transfer and registration of properties.
Over the years and through experience, the Firm has taken upon cases and special projects that required the use of specialized laws. These include:
Mining Laws
The Firm provides assistance in the special compliances for mining and has protected the rights of licensees threatened by problematic interpretations of the law and implementing rules.
Procurement Laws
The Firm likewise provides assistance for contractors in making sure that they are complaint with the laws and are able to abide by the rules of public bidding for government projects.
Energy Laws
The Firm also provides consultative assistance with regard energy laws in the Philippines, especially to energy corporations. The Firm provides consultative assistance to avoid liabilities under the law, as well as services to stay compliant with the legal requirements of the said law.
Immigration Laws
With the goal to keep families intact, the Firm provides necessary services relative to the immigration statues of foreign nationals who are married to or are the children of Filipino Citizens; and are aiming to establish a residence in the Philippines or are intending to stay in the country for more than their visas would allow.
Election Laws
Good governance starts with good leaders. Guided by the laws and rules of national and local elections, the Firm has led the campaigns and provided strategies for principled and qualified candidates who were successful in obtaining seats in government.