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Philippine Chapter of Getting the Deal Through: Labour & Employment 2018
SyCip Salazar Hernandez & Gatmaitan, August 2018

 Legislation and agencies 1 What are the main statutes and regulations relating to employment? The Labor Code of the Philippines (Presidential Decree No. 442, as amended) (the Labor Code) and the Omnibus Rules Implementing the Labor Code...

Philippine Chapter of the International Comparative Legal Guide to: Trade Marks 2018
SyCip Salazar Hernandez & Gatmaitan, May 2018

The International Comparative Legal Guide to: Trade Marks 2018 Philippine Chapter Enrique T. Manuel and Vida M. Panganiban-Alindogan, SyCip Salazar Hernandez & Gatmaitan   1 Relevant Authorities and Legislation 1.1 What is the relevant trade mark authority in your jurisdiction? The Intellectual Property Office of the Philippines (IPOPHL) is therelevant trade mark authority. 1...

The Legal 500 & The In-House Lawyer Comparative Legal Guide: Philippines: Mergers & Acquisitions
SyCip Salazar Hernandez & Gatmaitan, May 2018

The Legal 500 & The In-House LawyerComparative Legal GuidePhilippines: Mergers & Acquisitions Country Author: Franco Aristotle G. Larcina, Partner, SyCip SalazarHernandez & Gatmaitan   1. What are the key rules/laws relevant to M&A and who are the key regulatory authorities? M&A activity is governed primarily by the Corporation Code of the Philippines (Batas Pambansa Blg. 68)...

NPC Advisory Opinion on Consent - Philippine
SyCip Salazar Hernandez & Gatmaitan, April 2018

The Philippine National Privacy Commission (NPC), which administers the country’s Data Privacy Act (DPA), has recently made available to the public copies of its advisory opinions. These opinions had been issued in response to various queries regarding the proper application and interpretation of the provisions of the DPA and its implementing rules and regulations. Issue of consent Advisory Opinion No...

Philippines: RR No. 7-2018: Restoring the Notice of Informal Conference as a Due Process Requirement in the Issuance of a Deficiency Tax Assessment
SyCip Salazar Hernandez & Gatmaitan, April 2018

On January 31, 2018, Finance Secretary Carlos G. Dominguez issued RR No. 7-2018 which restored the provision on Notice of Informal Conference as a due process requirement in the issuance of a deficiency tax assessment. RR No. 7- 2018 was published in the Manila Bulletin on February 1, 2018 and took effect on February 16, 2018...

Once Again, Payment of Withholding Tax at the Time of Audit Considered Compliant with Withholding Tax Requirements for Deductible of Expenses - Philippines
SyCip Salazar Hernandez & Gatmaitan, April 2018

Earlier this year, Department of Finance (“DOF”) Secretary Carlos G. Dominguez issued RR No. 6-2018 which revoked RR No. 12-2013 and reinstated Section 2.58.5 of RR No. 2-1998, as amended by RR Nos. 14-2002 and 17-2003. Section 2.58.5 of RR No. 2-1998 implements the requirement of withholding of income tax for deductibility of expenses. RR No. 6-2018 was published in the Manila Bulletin on January 23, 2018 and took effect on February 7, 2018. Prior to its amendment by RR No...

Philippine Chapter of Getting the Deal Through: Vertical Agreements 2018
SyCip Salazar Hernandez & Gatmaitan, April 2018

Philippines Franco Aristotle G. Larcina and Arlene M. Maneja SyCip Salazar Hernandez & Gatmaitan   Antitrust Law 1. What are the legal sources that set out the antitrust law applicable to vertical restraints? The key statute is Republic Act No. 10667, otherwise known as the Philippine Competition Act (PCA), which was enacted on 21 July 2015 and which became effective on 8 August 2015...

Philippine Chapter of the International Comparative Legal Guide to: Litigation & Dispute Resolution 2018
SyCip Salazar Hernandez & Gatmaitan, February 2018

1.1 What type of legal system has your jurisdiction got? Are there any rules that govern civil procedure in your jurisdiction? The Philippine legal system is primarily a civil law system, although it may be considered a mixed regime consisting of both civil andcommon law traditions. Civil procedure is governed primarily bythe 1997 Rules of Civil Procedure, or Rules 1 to 71 of the Rules of Court (“ROC”), and various issuances promulgated by the Supreme Court. 1...

Philippine Chapter of Getting the Deal Through: Cybersecurity 2018
SyCip Salazar Hernandez & Gatmaitan, February 2018

The CPA appointed the National Bureau of Investigation (NBI) and Philippine National Police (PNP) as enforcement authorities and regulates their access to computer data, creating the Cybercrime Investigation and Coordinating Center (CICC) as an inter-agency body for policy coordination and enforcement of the national cybersecurity plan, and an Office of Cybercrime within the Department of Justice (DOJ-OC) for international mutual assistance and extradition...

Lexology Aviation Navigator: Philippines
SyCip Salazar Hernandez & Gatmaitan, February 2018

Are there any notable recent developments or trends in the aviation sector in your jurisdiction? Air passenger traffic in the Philippines increased by approximately 10% during 2016. This passenger growth was caused mainly by the expansion of low-cost carriers and flights offered at minimal or affordable prices. However, growth could have been faster had it not been for infrastructure constraints at the country’s main airport, Ninoy Aquino International Airport, in Metro Manila...

Philippines: The Legal Landscape
SyCip Salazar Hernandez & Gatmaitan, January 2018

Country overview 1. Give an overview of the country’s economy, its structure and main characteristics, and prevailing government economic policy, particularly as regards foreign investment. The Philippines is an archipelago composed of more than 7,000 islands with 82 provinces divided in 18 regions. Rich in natural resources, it has a total land area of about 300,000 square kilometres. It is divided into three major island groups: Luzon, Visayas and Mindanao...

World Bank Group: "Doing Business 2018: Reforming to Create Jobs"
SyCip Salazar Hernandez & Gatmaitan, January 2018

Doing Business 2018: Reforming to Create Jobs, a World Bank Group flagship publication, is the 15th in a series of annual reports measuring the regulations that enhance business activity and those that constrain it. Doing Business presents quantitative indicators on business regulations and the protection of property rights that can be compared across 190 economies—from Afghanistan to Zimbabwe—and over time...

Getting the Deal Through: Enforcement of Foreign Judgments 2018
SyCip Salazar Hernandez & Gatmaitan, December 2017

1. Treaties Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties and what, if any, amendments or reservations has your country made to such treaties? The Philippines is not a party to any bilateral or multilateral treaty for the recognition and enforcement of foreign judgments...

Arbitration under the Construction Industry Arbitration Commission of the Philippines
SyCip Salazar Hernandez & Gatmaitan, December 2017

The Construction Industry Arbitration Commission of the Philippines (“CIAC”) has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines. Construction disputes may range from contractual money claims to disputes over the execution of the construction work. Construction disputes may involve government or private contracts...

Health is Wealth
SyCip Salazar Hernandez & Gatmaitan, December 2017

The Philippine Department of Labor and Employment (DOLE) recently issued guidelines to address safety and health issues faced by workers who, by the nature of their work, have to stand or sit for long periods. The DOLE noted that the wearing of high heeled shoes and/or standing at work for long periods or even frequent walking lead to health issues such as strain on the lower limbs, aching muscles, hazardous pressure on the hip, knee and ankle joints and sore feet...

The International Comparative Legal Guide to: Patents 2018
SyCip Salazar Hernandez & Gatmaitan, November 2017

1. PATENT ENFORCEMENT 1.1 Before what tribunals can a patent be enforced against an infringer? Is there a choice between tribunals and what would influence a claimant’s choice? Patents are enforced against an infringer either through a civil action before the Regional Trial Court (“RTC”) or an administrative action before the Bureau of Legal Affairs (“BLA”) of the Intellectual Property Office of the Philippines (“IPOPHL”)...

ALB: “Enforcement Update: Philippine Competition Act”
SyCip Salazar Hernandez & Gatmaitan, October 2017

It has been almost two years since Republic Act No. 10667, otherwise known as the Philippine Competition Act (the PCA), took effect on August 8, 2015...

The Public-Private Partnership Law Review (Philippines)
SyCip Salazar Hernandez & Gatmaitan, September 2017

In line with the state policy set out in the Philippines Constitution to recognise the indispensable role of the private sector in national growth, encourage private enterprise and provide incentives to attract needed investment, the Philippine government has long resorted to public-private partnerships (PPPs) to address problems of national interest...

Guidelines on Related Party Transactions for Insurers in the Philippines
SyCip Salazar Hernandez & Gatmaitan, September 2017

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...

Asia Business Law Journal: "Build or Bust?"
SyCip Salazar Hernandez & Gatmaitan, September 2017

In its flagship report entitled Global Economic Prospects released in January, the World Bank observed: “The Philippines is particularly weak with regard to transport and trade-related infrastructure … with particularly low rankings for the quality of its seaports and airports. About one-quarter of the population remains without electricity.” Yet growth in the Philippines is projected to accelerate to 6...

Export Development Canada's "First 5 Calls: Philippines"
SyCip Salazar Hernandez & Gatmaitan, September 2017

From a regulatory and legal point of view, what do Canadian companies need to know about doing business here? The Philippines is a party to several treaties, including a tax treaty that applies to Canadian suppliers that want to sell goods to the Philippines. There are special laws for investors depending on the type of activity they plan to engage in. Manufacturers and companies in the renewable energy sector could be entitled to tax incentives...

Illegal Gambling Regulation (Philippines)
SyCip Salazar Hernandez & Gatmaitan, August 2017

Earlier this year, Executive Order no 13, which aims to strengthen the fight against illegal gambling in the Philippines, was issued. EO No. 13 mandates relevant law enforcement agencies to coordinate on campaigns against illegal gambling, and clarifies the territorial jurisdiction of government authorities that issue licenses for gambling and online gaming facilities...

Getting the Deal Through: Aviation Finance & Leasing 2017
SyCip Salazar Hernandez & Gatmaitan, August 2017

SyCipLaw Partners Imelda A. Manguiat and Carina C. Laforteza, Senior Associate Bhong Paulo A. Macasaet, and Associate Maricar G. Ramos contributed the Philippine chapter of Getting the Deal Through: Aviation Finance & Leasing 2017. The chapter addressed pivotal questions about air law and aviation financing and leasing. The scope and rules and regulations of owning, leasing, securing, financing and operating an aircraft were also discussed...

SyCipLaw Employment & Immigration Update 2017 Q1
SyCip Salazar Hernandez & Gatmaitan, July 2017

SyCipLaw''s Employment & Immigration Update (Volume XV, Issue 1) features updates and articles on issuances from the Department of Labor & Employment (DOLE), including the new guidelines on contracting and subcontracting, and the implementing rules and regulations of theAnti-Age Discrimination in Employment Act,the Data Privacy Act of 2012, and those governingthe employment and working conditions of collectors in the debt collection industry...

BIR Guidelines on Credit/Debit/Prepaid Card Payment of Internal Revenue Taxes
SyCip Salazar Hernandez & Gatmaitan, July 2017

Former Secretary of Finance Cesar Purisima issued Revenue Regulation ("RR") No. 3-2016 prescribing the policies and guidelines on the adoption of credit, debit, and prepaid cards as an additional mode of payment for internal revenue taxes. Credit, debit, and prepaid cards were made available as an additional mode of payment in order to ease the burden to taxpayers in the payment of their taxes...

 

 

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