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SyCip Salazar Hernandez & Gatmaitan

 

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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...

Philippines: BIR Prescribes New Procedure for Claiming Tax Treaty Benefits for Dividend, Interest, and Royalty Income
SyCip Salazar Hernandez & Gatmaitan, June 2017

RMO 8-2017 amends Revenue Memorandum Order No. (“RMO 72-2010”) by providing for new procedures in claiming preferential tax treaty benefits on dividend, interest, and royalty income of nonresidents, following a system of self-assessment and automatic withholding of taxes subject to post-reporting validation. In lieu of obtaining a tax treaty relief application (“TTRA”) ruling under RMO 72-2010...

IFLR: Philippines: Amendments to the FX Regulations
SyCip Salazar Hernandez & Gatmaitan, June 2017

The May 2017 issue of theInternational Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner Melyjane G. Bertillo-Ancheta entitled "Philippines: Amendments to the FX Regulations". The article discusses the circulars, issued by the Bangko Sentral ng Pilipinas (the central monetary authority of the Philippines), amending the country's foreign exchange regulations...

IFLR: "Philippines: Acquiring Insurance Brokers"
SyCip Salazar Hernandez & Gatmaitan, April 2017

The April issue of the International Financial Law Review(IFLR) includes an international briefing article by SyCipLaw partner HiyasminH. 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...

SyCipLaw Tax Bulletin: Philippine BIR Rules on Proper Tax Treatment of Passed-on Gross Receipts Tax
SyCip Salazar Hernandez & Gatmaitan, April 2017

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)...

Philippine Court of Appeals Denies Issuance of Environmental Protection Order Against Mining Company
SyCip Salazar Hernandez & Gatmaitan, April 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
SyCip Salazar Hernandez & Gatmaitan, March 2017

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. BSP Circular No...

IFLR: “Philippines: Foreign Equity Ownership Decision”
SyCip Salazar Hernandez & Gatmaitan, March 2017

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...

Doing Business 2017: Equal Opportunity for All
SyCip Salazar Hernandez & Gatmaitan, February 2017

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...

IFLR: "Philippines: Promoting foreign investment"
SyCip Salazar Hernandez & Gatmaitan, February 2017

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...

Enabling the Business of Agriculture 2017
SyCip Salazar Hernandez & Gatmaitan, February 2017

The World Bank Group has released Enabling the Business of Agriculture 2017. The report presents data on legal barriers for farmers, entrepreneurs and businesses operating in agriculture in 62 countries and across the topics of land, seed, fertilizer, machinery, water, livestock, finance, markets, transport, and information and communication technology (ICT). SyCipLaw's Rose Marie M. King-Dominguez, Alan C. Fontanosa, Franco Aristotle G. Larcina and Ruben P...

The International Capital Markets Review - Edition 6 - Philippine Chapter
SyCip Salazar Hernandez & Gatmaitan, January 2017

The sixth edition of The International Capital Markets Review is already available. The Philippine chapter outlines governing laws, legislative bodies, and recent jurisprudence, and also contains information on recent developments in relevant laws and regulations, especially those affecting debt and equity offerings and those affecting derivatives, securitizations and other structured products. The chapter was contributed by SyCipLaw partner Maria Teresa D...

IFLR: "Philippines: Competition Law Updates"
SyCip Salazar Hernandez & Gatmaitan, January 2017

The December/January issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Philippines: Competition Law Updates”. The article was contributed by SyCipLaw partners Franco Aristotle G. Larcina and Arlene M. Maneja. The article discussed the new merger form issued by the Philippine Competition Commission on August 31, 2016. Read the article online at the IFLR website...

Employment & Immigration Update January – December 2016
SyCip Salazar Hernandez & Gatmaitan, December 2016

The Employment & Immigration Update Vol...

ALB: “Evidentiary Issues in Arbitration”
SyCip Salazar Hernandez & Gatmaitan, December 2016

The November 2016 issue of the Asian Legal Business (ALB) includes a regional update article entitled “Evidentiary Issues in Arbitration”, contributed by SyCipLaw Partner Ramon G. Songco and Associate Arvin Kristopher A. Razon. The article enumerated and discussed the laws that aimed to address concerns in resolving disputes in arbitration, such as how evidence is presented, assessed for relevance and competence, and protected during arbitration proceedings...

IFLR: “Philippines: Mining Developments”
SyCip Salazar Hernandez & Gatmaitan, November 2016

The October issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Mining Developments”. The article was contributed by SyCipLaw partner Aaron Roi B. Riturban...

Getting the Deal Through: Islamic Finance & Markets 2017
SyCip Salazar Hernandez & Gatmaitan, November 2016

The 2017 edition of Getting the Deal Through: Islamic Finance & Markets features SyCipLaw Of Counsel Mia G. Gentugaya as contributing editor. SyCipLaw Partner Amer Hussein N. Mambuay contributed the Philippine section...

AILA GMS Fall 2016 Digest: Spotlight Interview Series – Focus on the Philippines
SyCip Salazar Hernandez & Gatmaitan, November 2016

SyCipLaw partner Russel L. Rodriguez contributed to the first Global Migration Section (GMS) Digest of the American Immigration Lawyers Association (AILA) year. The interview discussed the practice of immigration in the Philippines, the process of sending employees to the country, qualification of same sex spouses for dependent status, and a hot topic in Philippine immigration. Download a PDF copy of the digest. Mr. Rodriguez specializes in civil and commercial litigation...

ALB: “New Implementing Rules for Philippine Data Privacy Act”
SyCip Salazar Hernandez & Gatmaitan, November 2016

The October 2016 issue of the Asian Legal Business (ALB) includes a regional update article entitled “New Implementing Rules for Philippine Data Privacy Act”, contributed by SyCipLaw partner Rose Marie M. King-Dominguez. The article enumerated and discussed the implementing rules and regulations of the Philippine Data Privacy Act of 2012. It is located on page 11. Read the full ALB October 2016 issue on the ALB website...

IFLR: “Philippines: Facilitating Creditor-Debtor Dealings”
SyCip Salazar Hernandez & Gatmaitan, November 2016

The September issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Facilitating Creditor-Debtor Dealings”. The article was contributed by SyCipLaw partner Russel L. Rodriguez, senior associate John Christian Joy A. Regalado, and associate Jo Margarette W. Remollo...

IFLR: “Philippines: Promoting Foreign Investment”
SyCip Salazar Hernandez & Gatmaitan, October 2016

The July/August issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Promoting Foreign Investment”. The article was contributed by SyCipLaw partner Carina C. Laforteza and associate Lito Paolo T. Martin II. The article discussed the enactment of Republic Act No. 10881, which was set to make the Philippine sa more attractive destination for foreign investors in the financing industry...

Prohibition on Labor-Only Contracting and the Suspension of Registration of New Contractors
SyCip Salazar Hernandez & Gatmaitan, October 2016

On July 28, 2016, the Department of Labor and Employment (“DOLE”) issued Labor Advisory No 10-2016 (“Advisory”) reiterating the prohibition against labor-only contracting and Department Order No. 162-2016 (“Department Order”) suspending the registration of new applicants as contractors or subcontractors under Department Order No. 18-A (“DO 18-A”)...

Client Alert: New Implementing Rules for Philippine Data Privacy Act
SyCip Salazar Hernandez & Gatmaitan, October 2016

The National Privacy Commission (NPC) has issued the implementing rules and regulations of the Data Privacy Act of 2012. The rules, promulgated on August 24, 2016, will take effect 15 days from publication in the Official Gazette. Download the Client Alert for more information on the new implementing rules for Philippine Data Privacy Act. This alert was authored by SyCipLaw partner Rose Marie M. King-Dominguez and associate Aaron Jeric M. Legaspi...

Client Alert: SyCipLaw Secures 1st merger Clearance From PCC: Acquisition by Sanofi of the CHC Business of Boehringer Ingelheim
SyCip Salazar Hernandez & Gatmaitan, October 2016

The Philippine Competition Commission (PCC) has issued its first merger clearance under the implementing rules and regulations of the Philippine Competition Act. The clearance was for the proposed acquisition by Sanofi of the CHC business of Boehringer Ingelham. SyCipLaw acted as Philippine antitrust counsel to Sanofi. Download the Client Alert for more information on the first merger clearance of PCC under the Philippine Competition Act...

Guide to Restructuring, Turnaround and Insolvency in Asia Pacific
SyCip Salazar Hernandez & Gatmaitan, October 2016

SyCipLaw partners Jose Florante M. Pamfilo and Franco Aristotle G. Larcina contributed the Philippine chapter of Herbert Smith Freehills’ 1st edition of Guide to Restructuring, Turnaround and Insolvency in Asia Pacific. The Guide is intended to provide an understanding of the legal framework in different jurisdictions, as well as to address key practical issues commonly encountered when dealing with companies in financial difficulties...

ALB: "Anti-Corruption Laws in the Philippines"
SyCip Salazar Hernandez & Gatmaitan, September 2016

The September 2016 issue of the Asian Legal Business (ALB) Edition included a regional update article entitled “Anti-Corruption Laws in the Philippines”, contributed by SyCipLaw partner Ronald Mark C. Lleno, and Associate Rhey David S. Daway. The article discussed examples of prohibited corrupt practices under Philippine law. It is located on page 16. Access the full ALB September 2016 issue online...

 

 

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