Angelo Patrick F. Advincula

Atty. Advincula specializes in Commercial Law, Commercial Litigation and Arbitration, Government Policy, as well as Taxation.

Commercial Litigation

He is competent in commercial litigation and arbitration in the fields of BOT infrastructure contracts and water concession contracts. He has been engaged by the Office of the Government Corporate Counsel, the Department of Justice and the National Irrigation Authority in the following cases:

• Successful defense of a Government agency against a US $125million claim of contractual default and non-performance filed by a power producer;
• Successful defense of a Government owned corporation in an UNCITRAL arbitration filed by a water concessionaire, which charged the Agency with contractual default and fraud in administering the BOT agreement, involving the amount of US $108 million;
• Defense of a partly Government-owned private Bank in a case involving the transfer of alleged ill-gotten funds in the amount of US $634 million to the Philippine Government; and
• Representation of a Philippine province in a US $100 million damages claim against a Canadian mining company for pollution and environmental damage.

Policy Advisory

Handling Policy and Advocacy work for the Firm, he has been engaged as a consultant of the Japan Bank of International Cooperation preparing a study on water sector reform. He has previously been consulted for the World Bank regarding risk allocation and mitigation on bulk water supply projects, as well as rationalizing the issuance of national government guarantees in public sector projects.

Tax

In the field of Taxation, Atty. Advincula advises clients on the tax implications of domestic international transactions, including mergers, acquisitions, financings, investments, joint ventures and restructurings. He has been instructed by a number of Fortune 500 companies in seeking favorable guidance and rulings from the Bureau of Internal Revenue, handling tax assessments and audits before the Court of Tax Appeals, as well as securing VAT refunds. Some highlights include:

• Successful defense of a Fortune 500 Company against a US $33 million tax assessment involving deficiency income taxes and the application of income tax holidays;
• Successful claim for a US $8.2million tax refund for a multinational power producer involving VAT zero-rated power sales; and
• Tax structuring advice to a US software company in preparation for a US $120 million government bidding.

Atty. Advincula is a guest lecturer for Continuing Legal Education credits at the Ateneo Center for Continuing Legal Education and the Global Best Practices Center. His topics include tax incentives and government contracts.