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HomeArticlesIn-House Insight with Terence Fernando of Coca-Cola

In-House Insight with Terence Fernando of Coca-Cola

On how legal teams are evolving and how embracing technology and fostering safe environments build better businesses

TSF_IHC_In_House_Team_of_the_Year-1.HEIC (1)

What Inspired You To Transition From Private Practice To Public Service And Then Back To The Private Sector? How Did Each Experience Shape Your Legal Career?

After passing the bar, I started working in a law firm because I thought that was where you learned the practice of law. For about four years, I was fortunate enough to work for a retired Supreme Court Justice. I picked up a lot of learnings, just by watching him argue and examine witnesses in court, drafting pleadings for him, riding in the car and talking about case strategy, oral arguments, and all the hard work that accompanies case preparation.

Thereafter, I was appointed as a special prosecutor. My job was investigating and prosecuting erring government officials. Working for the government has its own opportunities and challenges, but I learned so much about the inner workings of the government, how the local and national government agencies creates its budget, advance its policies and laws, and provide public services. Of course, I was also able to see the not-so-good side as well, such as inefficiency and corruption.

After five years, I thought I was ready to move on and I transferred to become an in-house counsel. This is where I truly felt I belonged, and I have been in this space for over twelve years now. For me, having a deep understanding of the business is key to being successful in an in-house role, as well as having effective leadership and communication skills.

Each of my work experiences was unique in its own right. From time to time, I have drawn from what I learned there, and from various mentors through the years, to guide and help me make important decisions.

Can You Elaborate On The Evolution Of Legal Teams From Specialists To Generalists And How It Has Impacted Your Role As An In-house Counsel?

I have seen the evolution of in-house counsel from being just a specialist to a more generalist role given the rise of globalisation, increased regulatory activity, and the pressure on department budgets. These have resulted in making in-house lawyers’ jobs much more volatile and complex. GCs are now more pressured to strike a healthy balance between increasing internal demand for legal work and limited resources.

Terence with Legal Leadership Team
Terence with Legal Leadership Team

As A General Counsel, Can You Elaborate On The Importance Of Creating A Safe Psychological Environment In A Legal Team, And How It Fosters Diversity And Inclusion?

Creating the right culture in your team is very important. For me, this means having a safe psychological environment where lawyers are able to bring their authentic selves to work. For leaders, this means also learning and practicing vulnerability including having the self-awareness to recognise instances when the GC could accidentally be diminishing others by dominating the conversation during meetings. This is why I always make an effort to try and encourage everyone to speak up and weigh in on a particular matter, because I know I don’t always have the answer. Sometimes, I get out of their way and let the team manage problems on their own and they come up with better ideas than the ones I could come up with on my own. Of course, I could have intervened at any point if I felt they were moving in the wrong direction. But, most of the time they didn’t. Leading a team sometimes has more to do with what you don’t do than what you do. You just have to trust the team and the process.

Can You Explain The Pet Value Initiative And The Implementation Of Chatbot, Contract And Case Management Systems In Ccbpi, And How You Have Been Involved In These Projects? How Have These Initiatives Contributed To The Company’s CSR, Innovation And Technology Efforts?

I have been fortunate to have been part of the negotiating team that forged the joint venture between CCBPI and Indorama Ventures to form PET Value Corporation. PET Value recently opened a Php 2 Billion food grade bottle-to-bottle PET recycling facility, a first in the Philippines. The facility has the projected capacity of recycling approximately 2 billion pieces of used clear PET plastic bottles and we are currently establishing a circular economy for PET bottles so that everything we make, sell, and use are collected and recycled by 2030.

Since 2020, we have been able to implement the legal chatbot, contract and case management systems in CCBPI. These are technology tools that we felt the business needed in order to streamline what we thought were repetitive, non-value adding tasks, so that our lawyers can focus all their thought and energy towards more strategic, value-adding work.

Legal Team Building
Legal Team Building

Can You Discuss The Impact Of The Comics-communication On Ethics Initiative In Promoting Ethical Behaviour Within The Company?

During one of our brainstorming sessions and before we even thought of COMICS, we just had one objective “to connect with millennials and Gen Zs such that we are able to foster a culture of compliance within the company”. After some discussion, we arrived at creating a 1-page comic strip that would be periodically sent via email to all employees. It would be short, easy to read and understand, translated into the local language, and would concentrate on one specific compliance rule or regulation. We then asked our HR team to help with the illustration and within weeks, the first few issues of COMICS were very well received by our employees.

How Do You Balance The Legal Aspects Of Your Role With The Business Objectives Of The Company, And What Challenges Have You Faced In This Regard?

I think that Ben W. Heineman, Jr. in his seminal book “The Inside Counsel Revolution” said it best that GCs have to constantly be aware of and resolve the partner-guardian tension, not only helping the business achieve its strategic objectives but also ensuring that the company and its leaders act with integrity. This standard or expectation for “high-performance with high-integrity” work should always be in a GC’s mind. If there is a conflict, conducting business the right way should always prevail. As to challenges, let me just say that as a GC, you will always be faced with numerous ambiguous situations where you will be asked or expected to speak your mind on that basic issue of what is right. So, you need to have a clear idea or vision of what the company should do in those situations.

How Has Your Understanding Of The Business Contributed To Your Effectiveness As A Gc, And How Do You Ensure Effective Communication With The Executive Team?

I would say that in today’s business environment, understanding the business spells your success or failure as a GC. It is imperative that once you assume the role of GC, or even before that, you need to have a deep understanding of how the business works, from the company’s supply chain, to sales and marketing, to how the business makes money. Sometimes, this requires a GC to engage with the frontline teams on a regular basis. Years ago, I realised that the higher you are in any organisation, the more different or blurred the leader’s view is about what’s actually happening on the ground. This is

why it is also important for a GC to develop relationships with those who are nearest to action.

What Advice Would You Give To Younger Lawyers Who Are Just Starting Their Legal Careers, And How Can They Prepare For The Changes And Uncertainties Of The Future?

Always have a positive or growth mindset. Have the curiosity to constantly seek knowledge and the humility to see the signs when it may be time to change strategies and adapt. Your career is a marathon, not a sprint.

• Embrace uncertainty. Change is always scary but being inquisitive, learning new things and preparation will give us the courage to cope with uncertainty.

• Don’t let your ideas become your identity. Practice active listening, always have an open mind, and never be attached to your beliefs or ideas. Oftentimes, people will challenge your own assumptions. Don’t take it personally. For me, I always valued learning and growth and not necessarily being right.

• Find mentors who will take you under their wing and teach you invaluable things that will help you in your professional and personal life.


Terence is currently the General Counsel of Coca-Cola Beverages Philippines Inc. (CCBPI). He completed both his degrees in Economics and Law at the San Beda University, and finished his Executive MBA at the Asian Institute of Management. Terence has previously worked under a retired Supreme Court Justice, and was also a Special Prosecutor before becoming in-house counsel.


This article is from:

IHC Magazine Antitrust Competition 2023 Front Page 2