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Benjamin S. Tolosa Jr.

Founding and Managing Partner
Head, Litigation and Dispute Resolution

Jay is the quintessential litigator—he is an astute strategist with top-notch trial skills, unparalleled work ethic, and unwavering loyalty and commitment to his clients’ cause. Always the grittiest man in the room, he is the go-to advocate of clients who need to get things done when the chips are down and the stakes are high. 

Jay honed his craft with the country’s biggest litigation firm where he cut his teeth on complex cases of national significance. From defending a U.S. serviceman in the country’s most publicized murder case, to securing an injunctive relief urgently needed by the country’s flag carrier to resume its paralyzed operations, he quickly proved his mettle in bare-knuckle litigation. With his innate competitive drive, he has developed the habit of meticulously preparing for each courtroom battle, which he complements with his razor-sharp focus, mastery of the rules, and deep understanding of the law. 

In practicing law for more than a decade, Jay has successfully represented clients engaged in various industries—such as banking, energy, telecommunications, petroleum, broadcasting, and construction—in complex cases ranging from commercial litigation to anti-trust, torts, and intra-corporate disputes. He has likewise advocated for c-suite executives, industry leaders, and high-ranking government officials, including senators, cabinet members, and local executives, in cases involving a wide array of issues, such as white-collar crimes, plunder, and government contracts. He also has extensive experience in commercial and construction arbitration. 

As the head of the Firm’s Litigation and Dispute Resolution practice, Jay leverages his vast experience as a highly adept litigator in spearheading the Firm’s efforts to quickly establish itself as a litigation powerhouse. Always unflinching under pressure, Jay continues to represent high-net-worth individuals and Fortune 500 multi-national companies and local conglomerates in complex, bet-the company disputes. 

To broaden his legal background, Jay supplemented his solid dispute resolution experience with crucial client-side training by serving as in-house Counsel of the local affiliate of a Fortune 500 company and General Counsel of a conglomerate primarily engaged in retail and distribution of premium global brands locally and abroad. Thus, while clients have come to rely on Jay to represent them in high-stakes cases, they likewise depend on him to provide them with comprehensive, practical, and commercially sound advice to help them avoid costly and time-consuming litigation in the first place.  

Highlights:

  • Successfully defended some of the country’s biggest mining companies against the government in a petition for injunction involving a government contract with financial impact amounting to billions of Pesos. 
  • Lead counsel of a former high-ranking government official in a multi-billion controversy which has received national attention during the current pandemic. 
  • Successfully initiated criminal complaints against scores of malefactors who overrun one of the plants of the country’s leading producer and distributor of sauces and condiments. 
  • Advised the local affiliate of a Fortune 500 company and represented it in discussions with the government regarding its crucial government contract. 
  • Advised the country’s biggest rural and thrift banks in relation to loans extended to government employees amounting to billions of Pesos. 
  • Successfully defended the executive officers and directors of a multinational oil company against multiple suits for monopoly and combinations in restraint of trade. 
  • Successfully defended the executive officers and directors of a water utility company in an action for syndicated estafa in relation to the company’s rate rebasing exercise. 
  • Represented a Senatorial candidate in an election dispute before the Senate Electoral Tribunal. 
  • Rendered advice to a multinational oil company in relation to the settlement of multi-jurisdictional mass tort class actions. 
  • Represented a telecommunications company in suits involving the proper application of the constitutional proscription limiting alien ownership over public utilities to 40%. 
  • Represented a water utility company in a suit for enforcement of environmental laws. 
  • Secured an injunctive relief that enabled a broadcasting company to keep one of its highest-rated tv program on air. 
  • Won a multi-million arbitral award for one of the country’s biggest construction firms. 
  • Rendered advice to a Fortune 500 oil company in relation to an anticipated suit for the enforcement of an adverse multibillion judgment award in this jurisdiction.  

Q&A

When you can take a break from your hectic schedule, you have been spotted hitting the road on two wheels. What drew you to this interest? 

It’s the ultimate stressbuster. When riding, you must be completely in the moment. The focus and constant situational awareness that riding demands have a meditative effect that clears your mind of the unnecessary noise, which brings a sense of calm and ease to your mind and body. Thus, when I get off the saddle, I feel recharged and ready for the enormous tasks that our Firm tackles on a daily basis. Of course, I will be lying if I won’t admit that I also ride for the adrenaline rush, the likes of which I only typically get in an intense courtroom skirmish. 

You have earned a reputation of being tenacious and relentless in the courtroom, be it in defending the accused in the country’s most sensational murder trial, prosecuting dozens of accused in a publicized election related multiple murder trial, or arguing the merits of the country’s flag carrier’s crucial application for injunctive relief. Is there a secret to your courtroom skills? 

Like I always tell our associates, courtroom clashes are not won in court, but in war rooms where the painstaking preparations for hearings are done. More often than not, the more prepared camp prevails. Thus, it is our duty to our clients to do everything we can to outwork and outmaneuver our opposing parties by formulating an airtight strategy, anticipating all possible scenarios, and mastering the facts and the relevant rules and laws. It is only with such meticulous preparation that you can dominate by conducting a masterful cross-examination, protecting your witness, or outarguing the opposition. 

Does this mean that you expect the same level of dedication and persistence from your junior lawyers? 

The partners in our Firm lead by example. Our associates always find the partners alongside them in the trenches, pulling all-nighters to prepare for a highly contentious hearing or to finish an urgent and complex pleading. By showing our associates how hard we work—since it is hard work, more than anything else, that guarantees results—they have easily imbibed our work ethic. But more than that, we aim for our lawyers to share the same kind of passion that the Firm’s partners have for the practice of law. For me, this is important. I find that it is because I love the practice of law that I am able to maintain this level of dedication and tenacity in my work. Admittedly, practicing law at the highest level can be taxing and stressful. However, if it’s something that you are passionate about, it can be quite rewarding and meaningful. 

COMMENDATIONS & RECOGNITIONS
  • Recognized as Recommended Lawyer for Dispute Resolution by the Legal 500 in 2021
  • Noted as a key partner for Dispute Resolution by the Asia Law Profiles in 2021
  • Named as one of the finalists for Young Lawyer of the Year in the 5th Asian Legal Business Philippine Law Awards 2020
APPOINTMENTS & PROFESSIONAL EXPERIENCE
  • Legal Consultant, Bureau of Immigration
  • Counsel, PMFTC Inc., an affiliate of Philip Morris International
  • General Counsel and Assistant Vice President, Primer Group of Companies
  • Senior Associate, Litigation and Dispute Resolution Department, Angara Abello Concepcion Regala Cruz Law Offices (ACCRALAW)

EDUCATION
  • Bachelor of Laws, University of Santo Tomas, 2008; Ranked 7th in his class
  • Bachelor of Arts, Major in Legal Management, University of Santo Tomas, 2003; Consistent Dean’s Lister
CONTACT

benjamin.tolosa@tolosajavierlaw.com

(+63)2 8255 46 56