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Areas of Practice

SHIPPING

For almost three decades, DelRosarioLaw has led in the Shipping and Transport practice and continues to do so. This enduring reputation has made the Firm’s opinion in major maritime policies of the country most sought after. The Firm’s Ruben T. Del Rosario has been invited to sit in the tripartite body that formulated the amendments to the standard contract for Filipino seafarers. Maritime arbitration was likewise given official recognition through the efforts of the Firm both in the standard contract for seafarers and the Philippine Dispute Resolution Center, Inc. (PDRCI). The Philippine Maritime Voluntary Arbitrators Association (PMVAA) has Ruben T. Del Rosario as its charter president.

The Firm continues to act for international shipowners and their P&I Clubs on controversies involving labour, collisions, oil pollution/spills, charter party/bill of lading disputes, ship sale and purchase, ship finance, ship mortgage and ship registrations. The Firm’s present roster of P&I and specialist Clubs spans the major continents of the world. In Europe the list of P&I and specialist Clubs represented by the Firm includes the UK P&I Club, Steamship Insurance Management Services Ltd, West of England, North of England, British Marine Insurance, Charterama, Raets P&I, ITIC, Charterers Mutual and Shipowners Mutual P&I Association in the United Kingdom; Assuranceforeningen Gard ,Assuranceforeningen Skuld, Nordisk Skibsrederforening in Norway, The Swedish Club in Sweden; Noord Nederlansche in the Netherlands, Ingosstrakh Insurance Company and Rosgosstrakh Insurance Company in Russia. In the Americas, the Firm is correspondent for the American Club. In Asia, the Firm represents the Japan P&I Club, China P&I Club and Korea P&I Club.

The Firm is also the exclusive Manila correspondent of the Through Transport Club, the largest club for non-vessel common carriers, terminal operators and freight forwarders/consolidators. Philippine clients include the International Container Terminal Services, Inc. (ICTSI) and the Asian Terminals, Inc. (ATI), the two largest arrastre/terminal operators in the country.

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LABOUR

DelRosarioLaw has been active in the practice of labor and personal injury law since its founding on May 1, 1977. It has lawyers and claims handlers who attend various hearings, conferences and amicable settlements at the National Labor Relations Commission (NLRC) on a daily basis. For the past three decades, DelRosarioLaw has handled all kinds of labor disputes representing the employer.

The Firm has assisted in the settlements of thousands of Filipino seafarers claims. Its partner, Ruben Del Rosario was a member of the Tripartite Conference that drafted the POEA Standard Employment Contract. The Firm has also assisted in the litigation of Filipino seafarers claims filed in the United States particularly in Lousiana, Texas, Miami, California, New York and various other states. It has helped in the dismissal of a spate of cases filed in Panama. It has assisted the Clubs in claims filed in such countries as the United Kingdom, Denmark, Sweden, Hong Kong, Canada and others. The Firm's lawyers have prepared various types of affidavits in these cases affirming the jurisdiction clause of the POEA standard contract.

DelRosarioLaw has further assisted the Clubs in the drafting of the standard form of the Receipt and Release now widely used in the settlement of crew claims. It has formulated a standard release procedure in order to ensure that releases are iron-clad and cannot be challenged in foreign jurisdictions.

The Firm has likewise arranged prompt settlements to protect the Filipino seafarer from ambulance chasing lawyers. It has assisted the Clubs in their desire to upgrade the PreEmployment Medical Examination or PEME.

DelRosarioLaw continues to assist not only in the field of crew claims but on all labor issues such as labor standards, wage policies, retirement benefits and the like. Ruben Del Rosario is the founding president of the Philippine Maritime Voluntary Arbitrators Association Inc. (PMVAA)

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TRANSPORT

The reputation of the Firm earned in defending the interests of international ship owners and their P&I Clubs has created an indomitable impression in the entire transport industry.

Sea carriage constitutes only a portion of the chain of carriage of goods which, needless to say, may originate in one country and end, after delivery, in another. The other players in the transportation of goods, multimodal transport operators, viz: non-vessel operating common carriers, freight forwarders/consolidators, warehouse operators, as well as terminal operators have also sought the expertise of the Firm in matters concerning the rights, obligations and liabilities in the movement of cargo. DelRosarioLaw represents the top international multimodal transport operators and the sixteen (16) leading transport operators in the Philippines.

Being the exclusive correspondent of the Through Transport Club, the Firm is involved in most major transport disputes including disputes involving terminal operations. It handles any and all claims such as cargo liabilities, third-party liabilities, equipment claims, personal injury claims, railroad accidents, filed by or against the two largest terminal operators in the country, International Container Terminal Services Inc. (ICTSI) and Asian Terminals Inc. (ATI).

From the moment the goods leave the shipper's premises until they reach the doorsteps of the consignee, at no instance will the Firm be not involved. Thus, DelRosarioLaw's extensive services can be utilized throughout the duration of the transport.

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CORPORATE

Incorporation of Companies

Our Firm provides legal advice and procedural services for incorporation of companies. Our experience enables us to evaluate and determine the type of business organization and capital structure best suited for the client’s needs. We take care of all documentation requirements in registering the company.

Our services also include advising and assisting clients in securing special license/accreditation from pertinent government agencies when such is required by the special nature of the business of the company.

We provide corporate housekeeping services to ensure that all corporate records are properly kept and the reportorial requirements of the Securities & Exchange Commission (SEC) and other government agencies are met by clients on time. Corporate housekeeping includes, but is not limited to such tasks as preparing the minutes of meetings of shareholders and the Board of Directors, issuing stock certificates, maintaining the Stock & Transfer Book, and preparing and submitting regular reports required by the SEC.

Where the company is especially licensed to conduct a particular business, we ensure that all reports required by the appropriate licensing agencies are submitted in proper form and on time.

Due Diligence

Our Firm conducts due diligence to assist clients in the evaluation of the commercial, legal and financial health of a company under consideration. Due diligence may either be general or confined to a specific area such as corporate condition, contracts, foreign investment, transfer of technology, and labor matters.

Contracts & Agreements

This service includes preparation, review and advice on corporate and commercial transactions and agreements, including but not limited to joint venture agreements, sale and purchase of businesses, distributorship and agency agreements, shareholders agreements, contracts for services, trade and technology transfer agreements, long-term loan agreements, and management services contracts.

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MERGERS & ACQUISITIONS

While the Philippines is encouraging foreign investments into the country, there are still limitations imposed by the Foreign Investments Act, the Anti-Dummy Law, and such other laws, including the Philippine Constitution itself, that limit the extent of foreign participation in Philippine companies. Our Firm advises and assists overseas clients on pertinent aspects of an investment, such as but not limited to, the appropriate structure or vehicle for such investment, company registration and business licensing requirements consistent with existing laws. We counsel our multinational clients on negotiating, drafting and analyzing agreements for various types of local and international commercial transactions.

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INSURANCE

The Firm provides legal advice on such matters as insurance contracts and the interpretation thereof. Services have also included advising multinational clients on Philippine insurance law and jurisprudence in relation to prosecution of claims and global policy drafting. It has also represented insurance companies in defense against invalid and at times, fraudulent claims. It has also given advice to foreign insurance companies including reinsurance companies. It has represented at one time or another some of the largest insurance companies in the world.

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IMMIGRATION

The Firm provides immigration services to multinational companies. At present, its services include:

1) Extension of Temporary Visitors' Visa (9[a])

2) Filing of Petition for Change of Admission Status from Temporary Visitor 9(a) Visa to Pre-Arranged Employment 9(g) Visa with the BID (Bureau of Immigration and Deportation)

a) Renewal Extension

b) Supplemental petition for dependents

3) Filing of Application for Issuance of an Alien Employment Permit (AEP) with the DOLE

a) Renewal

b) Preparation of Understudy Training Program (UTP)

4) Filing of Petition for Issuance of Quota/Non-quota Immigrant Visa (Sec. 13 [a])

5) Filing of Petition for Issuance of Special Investor's Resident Visa (E.O. 226, Book V)

6) Filing of Petition for Issuance of Philippines Retirement Authority Visa (E.O. No. 1037)

7) Application for Issuance of Special Return Certificate (SRC)/Re-Entry Permit (Original and re-issuance)

8) Application for Issuance of Emigration Clearance Certificate (ECC)

9) Application for Issuance/Renewal of Special Work Permit (SWP) with the BID

10) Application for Issuance of a Provisional Permit to Work (PPW) with the BID

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LITIGATION

The Firm has wide exposure in handling civil, corporate and criminal disputes and controversies before the different trial and appellate courts in the Philippines involving the advocacy and application of civil law, corporate law, criminal law, commercial law, taxation, insurance law, customs, immigration and administrative law, among others.

The Firm likewise represents various clients before administrative/quasi-judicial bodies such as the NLRC and POEA on labor claims; Board of Marine Inquiry, MARINA, Bureau of Customs and Philippine Coast Guard on maritime related investigations; the Prosecutor's Office and Department of Justice on criminal prosecution; and a host of other specialized government agencies.

This extensive litigation work requires the Firm's lawyers to spend substantial time in court appearances and submission of various written pleadings thus enhancing the Firm's litigation expertise.

In a limited sense, the Firm also engages in litigation work abroad as it is usually called upon by foreign clients/law firms to render expert advice on Philippine laws relevant to disputes litigated in the United States, UK, Panama, Canada, Hong Kong, Singapore and other foreign jurisdictions.

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ARBITRATION

Although arbitration in general has not been used extensively in the Philippines, DelRosarioLaw has been active in this limited field and has especially worked for the recognition of maritime arbitration. The Firm is actively involved in the Philippine Dispute Resolution Center Inc. (PDRCI), the arbitration arm of the Philippine Chamber of Commerce and Industry, the association of the top corporations in the Philippines.

Ruben Del Rosario has acted as ad hoc arbitrator in several maritime disputes. He was charter president of the Philippine Maritime Voluntary Arbitrators Association (PMVAA) an organization of voluntary arbitrators composed of former sea officers, manning agents executives, union officials and voluntary labor arbitrators. PMVAA is promoting voluntary arbitration as a means of settling disputes between Filipino seafarers and their foreign employers.

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INTELLECTUAL PROPERTY

The intellectual property department is presently handled by six IPO registered lawyers and two paralegals with Arturo T. Del Rosario Jr. still at the helm. The Firm continues to be active members of the Asian Patent Attorneys Association (APAA), International Trademark Association (ITA) and the Association Internationale Pour Protection de la Propriete Intellectuelle (AIPPI) Arturo T. Del Rosario Jr. was an elected director of the Intellectual Property Association of the Philippines (IPAP).

The Firm has a wide array of foreign clients, including mainstay Sony Corporation of Japan, Compaq Computer Corporation of Texas, other chemical and retail companies in the United States, and European based firms such as Delsey and Stadler.

The Firm handles all aspects of Intellectual Property Law, with emphasis on trademark and design registrations, and their maintenance at competitive rates. The Firm also regularly advises its foreign clients on IP rights and steps to be taken to protect these rights. DelRosarioLaw has been engaged directly by multinational corporations to handle their IP matters in the Philippines, and through the Firm's thirty five years, it has acquired a wide range of skills in the field...

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Firm News

Del Rosario & Del Rosario Partner Joseph Rebano was re-elected as Director of the Philippine Bar Association for the year 2017-2018. 

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Arturo T. Del Rosario Jr. elected IPAP President for 2015 - 2017

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On 19 September 2017, Del Rosario & Del Rosario sponsored a seminar on the Data Privacy Act which was held at the DelRosarioLaw Centre. 

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DelRosarioLaw Partners Charles Dela Cruz and Herbert Tria were joint speakers at the Magsaysay Shipping and Logistics-Fairmont Marine Insurance Seminar held on 8 September 2017 at the Robert Hall, Times Plaza Building, Manila.

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Del Rosario & Del Rosario Law offices welcome the addition of Meighan E. Sembrano as one of its Junior Associates.

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Del Rosario Partner Saben Loyola was a speaker at the Propeller Club of Manila last 26 July 2017.

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Del Rosario Pandiphil medical consultant, Dr. Edgardo Del Rosario, through the Japan P&I Club, is a contributor to the Mariner’s Digest of the Japan Shipping Exchange, Inc. 

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Notices

Holiday Notice:

In view of holidays in the Philippines, our offices will be closed on Friday 8 December (local city holiday), to re-open on Monday 11 December 2017; will be closed on Monday 25 December (Christmas Day), to re-open on Tuesday 26 December 2017.
 
Emails will be monitored but for urgent matters, please call our 24/7 mobile +63 917 8308384.