- 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 the Appellate Court (please see below)
- Litigation for select Special Proceedings (please see below)
- Litigation for Tax Issues (please see above)
- 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
- Regional or Metropolitan Trial Courts
- Quasi-Judicial Agencies
- Administrative Agencies
We provide litigation services in several areas, including the following:
Civil Matters
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.
Labor Matters
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 Matters
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.
Criminal Matters
A criminal case is premised on the 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 anti-trafficking, cyber libel and anti-hazing. 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.
Special Proceedings
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 a deceased person
- Guardianship and custody of children
- Adoption
- Habeas Corpus
- Change of Name
- Voluntary Dissolution of Corporations
- Declaration of Absence and Death
- Cancellation or Correction of Entries in the Civil Registry
Tax Issues
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.
Litigation and Corporate Matters
As the Senior Partner of Duran & Duran-Schulze, Atty. Duran represents and acts for her clients before courts, quasi-judicial agencies, and administrative agencies, in most jurisdictions, all levels, and venues in the Philippines. She handles Family Law, Civil Law, Criminal Law, Labor Law, Election Law, Special Proceedings and Corporate Accounts.
Corporate Matters
- Manages and prepares integral corporate documents and materials required to form corporations in the Philippines, reviews, prepares, and drafts contracts and agreements
- Assists in all phases of the formation and operations of corporation and the day to day housekeeping for the corporation and it(s) shareholder(s)
- Constructs joint ventures, licensing arrangements, mergers & acquisitions and is well versed in internal forms and provides business tax consultations
- Applies her strong background in taxation to all corporate matters
Civil Law Litigation
- Representing individuals and/or entities in Debt Recovery or Collections; obtaining Temporary Restraining Order and/or Preliminary Injunction Order, if possible or any other ancillary reliefs that can be availed of by parties in collections, property cases, etc.
- Representing individuals and/or entities in Expropriation Proceedings, Ousting of Squatters, Cancellation of Adverse Claims