Gruba Caganda Advincula Melo & de la Fuente

Partner.

Commercial Law, Commercial Litigation and Arbitration, Government Policy, Taxation.

Atty. Advincula graduated with a degree of Bachelor of Laws from the University of the Philippines. Atty. Advincula is competent in Commercial Litigation and Arbitration in the fields of BOT infrastructure contracts and water concession contracts. He was engaged by the Office of the Government Corporate Counsel, the Department of Justice and the National Irrigation Authority in the following cases: 1) Successful defense of a Government agency against a USD 125 million claim for contractual default and non-performance filed by a power producer; 2) 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, and which involved the amount of USD 108 million; 3) Defense of a partly government-owned private bank in a case involving the transfer of alleged ill-gotten funds in the amount of USD 634 million to the Philippine Government; and 4) Representation of a Philippine province in a USD 100 million damages claim against a Canadian mining company for pollution and environmental damage.

Atty. Advincula’s notable engagements in the practice of Mergers and Acquisitions include: 1) He represented a principal in a USD 78 million acquisition of a corporation engaged in the supply and importation of liquefied petroleum gas in the Philippines; 2) He represented a principal through several companies in a USD 132.8 million acquisition of a controlling stake in a publicly-listed domestic Commercial bank; 3) He represented the shareholders in the initial public offering, in domestic and international market, of a domestic retail corporation in the sum of USD 189 million; and 4) He advised a real estate developer on the acquisition of a USD 134 million property by structuring a deal featuring a cost-efficient and time-sensitive agreement beneficial to both the buyer and the seller.

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 was 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: 1) Successful defense of a Fortune 500 Company against a USD 33 million tax assessment involving deficiency income taxes and the application of income tax holidays; 2) Successful claim for a USD 8.2 million tax refund for a multinational power producer involving VAT zero-rated power sales; and 3) Tax structuring advice to a US software company in preparation for a USD 120 million government bidding.

He was a Lecturer at the Ateneo School of Law in Taxation. He was also a Director of Asia United Bank, and served as Chairman of its Trust Committee. He is presently the Corporate Secretary of Philippine Bank of Communications.

English, Filipino.

Integrated Bar of the Philippines Tax Managers Association of the Philippines.

University of the Philippines - BA (Philosophy) University of the Philippines College of Law - LLB (Laws).