Key Team members: Patricia A. Madarang-Daway, head of legal 

What are the most significant cases and/or transactions that you have recently been involved in? 

Our legal team had the privilege of working on some truly impactful cases and transactions that stand out due to their significance and complexity. Through close collaboration with key members of our organisation and external counsel, we were able to secure a favourable ruling which would allow the redevelopment of one of our flagship malls. 

As a dedicated legal team, we also played a crucial role in dispute resolutions by understanding key issues and finding mutually beneficial resolutions among and/or between parties. By resolving disputes amicably, parties can arrive at positive outcomes and avoid substantial costs and uncertainties associated with litigation. 

On the transaction side, we helped navigate the complexities of entering new business lines by evaluating its legal feasibility and reviewing requirements and contracts associated therewith. We also assisted in various corporate clean-ups and internal restructuring to streamline our operations and provide for financial efficiency. 

Finally, we conducted several in-house hybrid trainings and workshops for Ayala Malls employees on Anti- Money Laundering, our organisation’s Money Laundering and Terrorism Financing Prevention Program, and KYC/customer due diligence process. 

How do you see the general counsel role evolving in the Philippines over the next five to ten years? 

We can anticipate that in-house lawyers or general counsels will go beyond their traditional roles as mere legal advisers by becoming key strategic assets within their respective organisations. This shift is based on a company’s deep trust in a general counsel’s understanding of legal frameworks, which makes him/her well-suited to assume additional roles or expanded responsibilities such as, for instance, being compliance officers; or, possibly, part of the management team. 

Furthermore, general counsels may be expected to play a more integral role in developing and implementing company policies, procedures and strategies to comply with the changes in the regulatory landscape. To excel in this dynamic environment, general counsels must continuously learn and keep abreast with legislative changes, technological advancements and best industry practices. 

Which recent political, economic or regulatory changes have impacted your work the most in recent years? 

The recent amendments to the Retail Trade Liberalization Act have significantly reshaped the Philippine retail landscape in the post-pandemic era. By lowering the paid-up capital and minimum investment per store requirement, foreign retailers may be more open to operate their businesses here in the Philippines.