In his article “The Pitfalls of Presidential Endorsement”, Firm Senior Partner Roberto Rafael V. Lucila presented the challenges to the government bureaucracy when a sitting President endorses a candidate for the Presidency. He examines the inadequacies of the present law, and what can be done under the circumstances to address these challenges. He opines that only the President as the Chief Executive and Commander-in-Chief can insulate the Government from the corrosive effects of partisan political activities and fraud in the electoral process in the interest of transparency and public accountability. Download PDF copy of the article

The Firm's Senior Partners Felipe L. Gozon and Roberto Rafael V. Lucila were chosen as 2013 Asialaw Asia-Pacific's Leading Lawyers in the practice areas of Aviation and Dispute Resolution, respectively, in the Philippines. Asialaw Leading Lawyers 2013 is based on extensive surveys of legal professionals across the Asia Pacific Region, with in-house counsel, corporate executives and lawyers at regional, local and international law firms, numbering around 10,000, as respondents. It is researched and published by Asia Law & Practice of Euromoney Institutional Investor (Jersey) Ltd and Euromoney's Legal Media Group. Atty. Lucila was profiled with his career highlights. (see asialawprofiles.com, and asialaw.com)

TMT Practice: Representing the GMA Network Inc., the Firm filed in February 2013 a petition for certiorari before the Supreme Court questioning the Commission on Elections Resolution No. 9615, as amended, and seeking to enjoin the restrictive air time limits for political advertisements in television and radio stations for the 2013 national and local elections. The Supreme Court recently issued a temporary restraining order granting among others the application of the client of the Firm for such an injunctive relief, and ordered that the questioned resolution be not applied for this year’s elections.

Insolvency Practice: In a landmark case handled by BGEPAL for The Bank of New York (BNY) and the bondholders the BNY represents, the Philippine Supreme Court in December 2012 affirmed the application of the paripassu rule in the corporate rehabilitation proceedings involving the Bayan Telecommunications Inc. commencedprior to the Financial Rehabilitation Act of 2010. This put an end to the seven year proceeding where the secured creditors and unsecured creditors were locked in a battle for superior terms and conditions in the rehabilitation plan. The Firm advocated for the paripassu principle, which was unanimously confirmed by the Rehabilitation Court, the Court of Appeals and the Supreme Court.

Aviation Law Practice: In 2011, the Firm advised Jet Airways India Inc. in its application for international service in the Philippines, and successfully obtained licenses and compliance from the Civil Aeronautics Board.

Arbitration and Dispute Resolution: The Firm successfully defended Banco de Oro Unibank Inc. (BDO), in a domestic arbitration case with Singapore as the seat of arbitration, as well as in the slew of cases filed and pending before the various trial and appellate courts, in relation to the arbitration case. The controversy revolved around the sale and purchase of the controlling interest in Maxicare Health Care Corporation. As a result of the compromise among the relevant parties, the cases against BDO were withdrawn.

Election OF RRVL and ROP as President and Treasurer, respectively, of the Asia Pacific Bar Association (APBAR)

Atty. Roberto Rafael V. Lucila (RRVL) was recently elected as President and Atty. Roberto O. Parel (ROP) as Treasurer of the Asia-Pacific Bar Association. The APBAR is a wide and cohesive congregation of lawyers and legal organizations, which seeks to play an active and vital role in nation-building and regional cooperation in the areas of human activity involving the knowledge of the law. It likewise seeks to promote and ensure compliance with the rule of law in the Philippines and the Asia Pacific Region, particularly in the protection of human rights as well as political and economic rights.

In connection with its aim “to recommend and work for the adoption of legislation, rules, reforms and other policies in the Philippines xxx xxx xxx,” the APBAR has encouraged its members to support the initiatives and causes of Parish Pastoral Council For Responsible Voting (PPCRV), headed by Ambassador Tita De Villa, in ensuring the a clean, honest, orderly and peaceful 2010 elections.

In a Position Paper sent to all the Senators and the Speaker of the House of Representatives, APBAR called for the rejection of HR No. 1109 and explained why the justification provided the resolution can not
persuade, and the initiative of the House of Representatives is a prelude to unconstitutional reforms.