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30/F 88 CORPORATE CENTER, SEDENO CORNER VALERO STREETS, SALCEDO VILLAGE, MAKATI CITY 1227, PHILIPPINES
Tel:
Work +632 894 0377

Ben Dominic Yap

Tel:
Work +632 8940377
Email:
Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law)

Work Department

Dispute Resolution, including Arbitration

Position

Partner

Career

Ben is a founding partner of C&G Law.

Ben specializes in litigation and arbitration, but also has experience in corporate and commercial transaction work in the energy sector.

Ben’s corporate and commercial work earned him citations as a leading Philippine lawyer in the corporate/commercial field by Chambers & Partners in its 2012 to 2014 Asia-Pacific publications.

On the other hand, Ben’s litigation and arbitration experience led him to be named by AsiaLaw as a leading Philippine lawyer in dispute resolution and arbitration in 2015 and 2016, and by Chambers & Partners as a leading Philippine lawyer in dispute resolution: arbitration in its 2015 and 2016 Asia-Pacific publications. More recently, he was also named by the Global Arbitration Review and by Who’s Who Legal as being among the world’s leading arbitration specialists (from the Philippines) and will be featured in the first edition of Who’s Who Legal: Arbitration – Future Leaders in 2017, one of only 3 Philippines-based lawyers to earn this distinction.

Prior to founding C&G Law in February 2007, Ben was a junior associate (from 1998 to 2003) and senior associate (from 2003 until 2007) at SyCip Salazar Hernandez & Gatmaitan.

Ben was admitted to the Philippine Bar in 1998.

Languages

English, Filipino

Member

Integrated Bar of the Philippines 

Philippine Dispute Resolution Center, Inc.

Education

Ateneo de Manila University School of Law, Juris Doctor (Class of 1997, class salutatorian and recipient of Evelio Javier Leadership Award); Ateneo de Manila University, Bachelor of Science in Management, Major in Legal Management (Class of 1993)


Philippines

Dispute resolution

Within: Leading individuals

Ben Yap - Gatmaytan Yap Patacsil Gutierrez & Protacio

Within: Dispute resolution

Gatmaytan Yap Patacsil Gutierrez & Protacio’s ‘creative’, ‘highly knowledgeable’ team includes key partners Jesus Protacio, Cesar Santamaria, Jr, the ‘sharp, trustworthy’ Ben Yap and the ‘very quick’ Anthony Gutierrez.

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Projects and energy

Within: Projects and energy

Gatmaytan Yap Patacsil Gutierrez & Protacio houses a number of ‘experts in their field’, including Jaime Gatmaytan, Ben Yap and Jesus Protacio. Aboitiz Power and First Gen Corporation are clients.

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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
  • 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.
  • IFLR: “Philippines: Promoting foreign investment”

    The February issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner  Aaron Roi B. Riturban  entitled “Philippines: Promoting foreign investment”. The article focuses on Republic Act no. 10881, which lifts the foreign investment limitations found in laws governing adjustment companies, lending companies, financing companies, and investment houses.  Read the article online at the IFLR website .