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9TH, 10TH, 11TH & 12TH FLOORS, ONE ORION, 11TH AVENUE, CORNER UNIVERSITY PARKWAY, BONIFACIO GLOBAL CITY 1634, METRO MANILA, PHILIPPINES
Tel:
Work +63 2 810 5858
Fax:
Fax +63 2 810 3838
Email:
Web:
www.cruzmarcelo.com
Manila, Manila

Rodel A. Cruz

Email:
Cruz Marcelo & Tenefrancia

Work Department

Senior Partner | Deputy Managing Partner for Personnel

Position

•Litigation and Dispute Resolution •Arbitration & ADR •Tax Litigation •Corporate Rehabilitation •Constitutional & Administrative Law •Public Policy & Reform •Public Sector Governance

Career

Mr. Cruz heads our Litigation & Dispute Resolution Department. He has extensive experience in commercial & corporate litigation, tax litigation, insolvency and corporate rehabilitation proceedings, regulatory enforcement cases, election cases, the prosecution and defense of white-collar crimes. He also engages in public policy litigation. He has a successful career in litigation having represented a wide range of clients including some of the country’s leading companies. He currently represents several industry-wide organizations involved in agriculture, aviation and shipping in strategic matters that have a substantial impact on their operations. He recently earned recognition for his outstanding performance in the oral arguments before the Supreme Court on the constitutionality of the Anti-Cybercrime Law, as lead counsel for the Philippine Bar Association (PBA). He has also successfully obtained key regulatory approvals for one of the biggest cable TV transactions in the country. Mr. Cruz previously served as Undersecretary of the Department of National Defense and successfully negotiated bilateral and multilateral treaties and executive agreements. He gained extensive experience in constitutional and administrative law, government contracts and public policy development while serving as Undersecretary in the Office of the Chief Presidential Legal Counsel, where he rendered legal advice on policy issues, drafted key presidential issuances, coordinated public policy litigation and international arbitration, and vetted appointments to the Judiciary.

Member

He is a Senior Fellow of the Asia Pacific Center for Security Studies and a member of the Phi Kappa Phi Honor Society. Mr. Cruz occasionally lectures and writes papers on a variety of legal, security and strategic issues. He has served as a member of the Board of Visitors of the Philippine Military Academy and as a member of the Board of Advisers of the Philippine Navy. He was also an officer of the Integrated Bar of the Philippines. Mr. Cruz is currently the President of the Philippine Bar Association, the oldest voluntary national organization of lawyers in the Philippines.

Education

Mr. Cruz earned his Bachelor of Laws degree from the University of the Philippines College of Law in 1992. Graduating among the top ten of his class, he was also in the editorial board of the Philippine Law Journal and the varsity debating team. Mr. Cruz also holds a Bachelor of Arts degree in Philosophy, graduating cum laude from the same university in 1987. He was a recipient of the British Chevening Scholarship from the UK Embassy and the British Council, an award he declined to continue his public service in 2004.


Philippines

Dispute resolution

Within: Leading individuals

Rodel Cruz - Cruz Marcelo & Tenefrancia

Within: Dispute resolution

Rodel Cruz heads Cruz Marcelo & Tenefrancia’s ‘responsive’ practice and successfully represented Marine Fuels Philippines against the government in a dispute over the seizure of a $1.2m tanker for allegedly transgressing customs laws. Miguel Silos is praised for his ‘in-depth knowledge’ and for ‘getting the job done’.

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Legal Developments in Philippines

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • ALB: “Enforcement Update: Philippine Competition Act”

    The August 2017 issue of the Asian Legal Business (ALB)  includes a Philippine regional update by SyCipLaw partner  Arlene M. Maneja entitled, “Enforcement Update: Philippine Competition Act”. The article summarizes the administrative, civil and criminal penalties that apply to companies that have yet to comply with the Philippine Competition Act (PCA). The transitional clause of the PCA to enable parties to renegotiate agreements or restructure their businesses to comply with the law expired on August 7, 2017.
  • CPO: “Philippines: To Be or Not To Be a Data Protection Officer (DPO)”

    Chief Privacy Officer (CPO) Magazine, an online publication owned by Data Privacy Asia, featured an article by SyCipLaw partner Rose Marie M. King-Dominguez . Entitled “Philippines: To Be or Not To Be a Data Protection Officer (DPO) ”, the article discusses the qualifications and responsibilities of a DPO as outlined in the Philippine Data Privacy Act of 2012. It also outlines difficulties companies may experience in the appointment of a DPO.
  • ALB: “Guidelines on Related Party Transactions for Insurers in the Philippines”

    The July 2017 issue of the Asian Legal Business (ALB) includes a Philippine regional update by SyCipLaw partner Hiyasmin H. Lapitan and associate Jo Margarette W. Remollo entitled, “Guidelines on Related Party Transactions for Insurers in the Philippines ”. The article summarizes the Insurance Commission’s compliance guidelines on related party transactions, as set out in Insurance Circular Letter No. 2017-29. The Circular covers insurers, reinsurers, branch offices of foreign insurers, mutual benefit associations, pre-need companies, and health maintenance organizations and their intermediaries.
  • Philippines Chapter in The Tax Disputes and Litigation Review - Edition 5

    The Philippines section of The Tax Disputes and Litigation Review - Edition 5 contains information on commencing disputes, including national and local taxes; courts and tribunals; penalties and remedies; tax claims, including recovering overpaid taxes, challenging administrative decisions, and claimants; costs; alternative dispute resolution; anti-avoidance; double taxation treaties; areas of focus; and outlook and conclusions. The section was contributed by SyCipLaw partner  Carina C. Laforteza  with support from associate  Mark Xavier D. Oyales .
  • IFLR: “Philippines: Acquiring insurance brokers”

    The April issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner  Hiyasmin H. Lapitan  entitled “Philippines: Acquiring insurance brokers”. The article discusses the new requirement by the Philippine Insurance Commission (IC) for advance approval to acquire a stake in a Philippine corporation that is licensed as an insurance broker or reinsurance broker. This requirement is noted in the IC’s circular letter number 2017-09 dated February 14, 2017, which prescribes guidelines on the documentation requirements for acquiring a domestic insurance or reinsurance broker.
  • SyCipLaw Tax Bulletin: Philippine BIR Rules on Proper Tax Treatment of Passed-on Gross Receipts Tax

    On June 13, 2016, the then Commissioner of Internal Revenue issued Revenue Memorandum Circular No. 62-2016 purporting to clarify the proper tax treatment of percentage tax or gross receipts tax (GRT) due on transactions covered by Sections 1211 and 1222 of the Tax Code which are shifted through contractual stipulations to borrowers/customers/clients (“passed-on” GRT). Banks, non-bank financial intermediaries performing quasi-banking functions are subject to GRT under Section 121 while financing companies and other financial intermediaries not performing quasi-banking functions are subject to GRT under Section 122. The effectivity of this circular was suspended on July 1, 2016 by the new Commissioner of Internal Revenue. However, on November 15, 2016, the suspension was lifted by RMC No. 127-2016 rendering RMC No. 62-2016 effective immediately.
  • Philippine Court of Appeals Denies Issuance of Environmental Protection Order Against Mining Company

    In a decision issued on March 8, 2017, the Philippine Court of Appeals (CA) denied the petition by NGO Ang Aroroy ay Alagaan, Inc. and certain individuals, for the issuance of a writ of kalikasan against Filminera Resources Corporation, and its directors and officers. The petitioners have claimed that Filminera, which operates in the Philippine province of Masbate, had been causing environmental damage in the conduct of its mining operations in violation of local law, and that a writ of kalikasan should be issued.
  • SyCipLaw TMT Bulletin: Philippine Central Bank Issues New FinTech Rules

    The Bangko Sentral ng Pilipinas (BSP) (the Philippine Central Bank) has issued two new circulars that will be of interest to companies engaged in remittance services, e-money, digital currency, and other fintech businesses. Both circulars amend portions of the BSP Manual of Regulations for Non-Bank Financial Institutions.
  • IFLR: “Philippines: Foreign equity ownership decision”

    The March issue of the International Financial Law Review ( IFLR ) includes an international briefing article by SyCipLaw partner  Jose Florante M. Pamfilo  entitled “Philippines: Foreign equity ownership decision”. The article discusses the Philippine Supreme Court decision on the case of Roy v. Herbosa (GR no. 207246) to invalidate the Securities and Exchange Commission (SEC) Memorandum Circular no. 8-2013 (MC 8-2013) on the guidelines on compliance with the Filipino-foreign ownership requirements prescribed in the Philippine Constitution and/or existing laws by corporations engaged in nationalized and partly nationalized activities.
  • Doing Business 2017: Equal Opportunity for All

    The World Bank Group has released its Doing Business 2017: Equal Opportunity for All report. This is the 14th in an annual series of reports providing objective measures of business regulations and their enforcement in 190 economies. The report focuses on measuring regulations affecting 11 areas: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency, and labor market regulation.