Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law) – a member firm of Rajah & Tann Asia – has a strong domestic and international arbitration practice. The firm’s litigation experience covers a diverse range of subjects, such as contractual disputes, product liability, tax and enforcement of foreign judgments and arbitral awards.
Ben Dominic Yap, managing partner of the firm, specialises in litigation and arbitration with expertise in corporate and energy matters. Other key contacts include Jesus Paolo Protacio – a specialist in civil and commercial litigation as well as labour, criminal and general disputes – and tax specialist Anthony Mark Gutierrez.
In an ongoing commercial dispute, the firm is representing Standard Chartered Bank in its $20 million claim against Philippine Guarantee Corporation. The claim arises from the defendant’s failure to honour its obligations under a guaranteed agreement pursuant to which it secured a $90 million loan facility extended by Standard Chartered Bank (and three other banks) to Philippine Phosphate Fertilizer Corporation, which later defaulted due to insolvency. The firm obtained a favourable judgment awarding more than $18 million to the bank and the judgment is currently under appeal.
Another notable dispute sees the team representing Metro Rail Transit Corporation in various cases against several local government units involving the taxability of the EDSA Light Rail Transit System. The outcome of this case will affect ownership and possession of the EDSA Light Right Transit System and could have significant consequences for the entire country.
In government and regulatory, the team, led by partners Gutierrez and Sophia P Inoturan, is representing a wholly owned subsidiary of one of the leading companies in the Philippine power industry. The case is in respect to real property taxes assessed against the company’s powerplant’s pollution control equipment, including the first coal dome built in the country, at a cost of around $20 million to build, with real property tax due thereon amounting to around $9 million from 2016 to date.
Gutierrez is also leading another government and regulatory-related case where his team represents TeaM Energy in defending the president of the Philippines’ executive orders to reduce real property tax of independent power producers (IPPs). This is the first time that a president’s executive orders to reduce real property tax and condoning interest are being challenged before the courts. The court’s decision in this case may affect the real property tax liabilities of other IPPs operating within the country and, possibly, the price of electricity in the country.
Marcventures Mining and Development Corporation, Robinsons Land Corporation and SM Prime Holdings worked with the firm in the past 12 months.
“We are extremely satisfied with C&G Law’s services. C&G Law is very dependable, and they are always available to address our concerns. They have been very responsive and proactive, and their team is well staffed and well trained. Their client service is outstanding. They certainly have commercial awareness and offer practical but legal solutions to issues. We derive excellent value for money from them.” – Energy
“He responds to our questions and requests in a timely manner even at short notice, and is very thorough. He is very reliable and has extensive experience and a mastery of Philippine law.”