Angelo Patrick F. Advincula
ANGELO PATRICK F. ADVINCULA specializes in Commercial Law, Commercial Litigation and Arbitration, Government Policy, as well as Taxation.
Commercial Litigation
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:
- Successful defense of a Government agency against a US $125 million claim for 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, and which involved 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.
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 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:
- 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 $8.2 million 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.
