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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

Susan D. Villanueva

Email:
Cruz Marcelo & Tenefrancia

Work Department

Senior Partner | Deputy Managing Partner for Finance

Position

•Intellectual Property •Taxation •Trade

Career

Ms. Villanueva is an experienced and accomplished litigator who has successfully represented in intellectual property, tax and trade cases. Ms. Villanueva heads our firm’s Intellectual Property Department and is the principal litigator of intellectual property litigation and enforcement cases. She has represented a broad range of clients engaged in broadcasting, consumer care, pharmaceuticals, information technology, manufacturing and banking in intellectual property cases. She also handles trademark and patent prosecution on behalf of the firm’s diverse intellectual property clientele. She was the principal litigator of landmark intellectual property cases in the Philippines where the Supreme Court first declared a trademark as internationally well-known and affirmed the jurisdiction of the Intellectual Property Office over administrative cases for violations of intellectual property rights. She also successfully defended before the Supreme Court search warrants issued against suspected infringers in an enforcement action for the liquefied petroleum gasoline industry. She also advises the University of the Philippines Diliman on intellectual property commercialization efforts. Ms. Villanueva is also a lead litigator of the Tax Litigation Group with extensive experience handling cases before the Court of Tax Appeals and appellate courts. Ms. Villanueva is the principal advisor and lead litigator of a major petroleum company on major tax litigation matters.

Member

Ms. Villanueva is a professorial lecturer of Intellectual Property Law at the University of the Philippines College of Law. She is also a member of the American Bar Association and the New York Bar Association. She was the Chairman of the Intellectual Property Professors and Researchers Organization of the Philippines (IP-PRO Philippines), the professional association of intellectual property professors and managers in the Philippines, from 2010 to 2015. Ms. Villanueva also serves as the Co-Chairperson of the Advisory Council for Intellectual Property (ACIP), a committee composed of experts tasked to advise the Director General of the Philippine Intellectual Property Office (“IPO”) for the realization of IPO’s mission and vision and the approaches to challenges and issues that may impact the said office.

Education

Ms. Villanueva earned her Bachelor of Laws degree from the University of the Philippines College of Law in 1991, graduating cum laude and salutatorian. She ranked fourth in the 1991 Philippine Bar Examinations. She earned her Master of Laws degree, specializing in intellectual property and international laws, from Yale University in 1995. She was admitted to the New York State Bar in 1999.


Philippines

Intellectual property

Within: Leading individuals

Susan Villanueva - Cruz Marcelo & Tenefrancia

Within: Intellectual property

The ‘responsive, thorough and empathetic’ team at Cruz Marcelo & Tenefrancia is led by Susan Villanueva and includes Patricia Bunye (‘highly competent’) and Divina Pedron. The firm is strong in contentious matters.

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Projects and energy

Within: Projects and energy

Cruz Marcelo & Tenefrancia’s ‘very competent, reliable’ department is headed by PPP specialist Manuel Manaligod, Jr and natural resources and energy expert Patricia Bunye. Bunye is ‘calm under pressure’, who counts Sagittarius Mines among her clients. Susan Villanueva ‘thinks outside the box’.

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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.