Litigation and Corporate Matters
- Litigation for all Civil Matters (please see below)
- Litigation for all Labor Matters (please see below)
- Litigation for Corporate Matters representing Expatriates and Domestic Entities and individuals (please see above)
- Litigation for Criminal Matters, including the Office of the Ombudsman, to Appellate Court (please see below)
- Litigation for Election Matters
- Litigation for select Special Proceedings (please see below)
- Litigation for Tax Issues (please see above)
- Litigation Jurisdictions in most areas of all three main island groups: Luzon, Visayas and Mindanao.
- Representation in Courts, Quasi-Judicial Agencies, Administrative Agencies
- All levels and venues
Litigation Process in the Philippines
Litigation is something everyone wants to avoid. It not only causes inconvenience and lost time; it can also be highly stressful and emotionally taxing. Sadly, litigation is sometimes the only way to resolve a dispute particularly in business or politics.
You can rely on our lawyers at Duran & Duran-Schulze Law to handle the burden of litigation for you. With our extensive experience and our knowledge of the law, we will provide you with the representation you need and will passionately advocate your cause before the right court or venue.
Our track record of favorable litigation outcomes is testament to our commitment. We have successfully represented clients in various types of cases and in various courts and venues, including:
- Office of the Ombudsman
- Appellate Court
- Litigation jurisdictions in most areas of all three main island groups: Luzon, Visayas, and Mindanao.
- Quasi-Judicial Agencies
- Administrative Agencies
We provide litigation services in several areas, including the following:
A civil action is initiated when one party seeks to enforce or protect a right, prevent another party from violating a right, or penalize or impose punitive action against someone who violated the party’s right.
The rules for civil actions may apply to criminal and special proceedings, but not to election cases, land registration cases, cadastral, naturalization, insolvency and others.
Unlike in a criminal case where specific acts are explicitly identified as criminal, a civil case may involve an act that’s not necessarily a crime but may have caused harm or damage to another person.
The Supreme Court has upheld what is popularly called “management prerogative,” which is basically the employer’s right to regulate employment according to what he believes will be best for the company. This right, however, is limited by “special laws” as provided in the Labor Code of the Philippines as well as other laws defining the rights of employees.
Where “management prerogative” ends and violations of employees’ rights begin is often the root of labor disputes.
Corporate or commercial litigation is rooted in many possible causes, but basically revolves around possible violations of the Corporation Code, Securities Regulation Code, Financial Rehabilitation and Insolvency Act, and Code of Corporate Governance, among others.
It may also involve disputes on contracts, government procurement actions, telecommunication laws, and many more.
A criminal case is premised on a violation of the country’s Revised Penal Code. While the most common criminal cases involve acts like homicide, robbery, rape and arson, more recent amendments to the Revised Penal Code have included such cases as rumor-mongering, timber smuggling, and highway robbery.
Most noteworthy among these amendments is The Anti-Graft and Corrupt Practices Act, which covers acts of both public officers and private persons that may be considered as graft or corrupt practice.
Elections in the Philippines are regulated by the Omnibus Election Code and the COMELEC Rules of Procedure, which remain fundamental despite the occasional enactment of new legislations.
Election disputes stem from various stages of the process, from the filing of candidacy to the proclamation of the winner.
A special proceeding is defined in the 1997 Rules of Civil Procedures as “a remedy by which a party seeks to establish a status, a right, or a particular fact.”
Examples of special proceedings are:
- Settlement of estate of deceased person
- change of name
- habeas corpus
- voluntary dissolution of corporations
- declaration of absence or death
The Philippines’ evolving tax laws can make a person or business vulnerable to violations. There are many types of taxes applied to businesses and to various incomes in the Philippines.
Additionally, the government offers tax incentives to specific investment types, which should be of interest to investors and entrepreneurs.