The Philippine Stock Exchange (PSE) has issued Memorandum Circular 2020-00761 on August 3, 2020 and this sets out the Guidelines on Minimum Public Ownership Requirement for Initial and Backdoor Listings (2020 MPO Guidelines) ...
In Toyo Seat Philippines Corporation v. Annabelle C. Velasco, et al. (G.R. No. 240774, March 03, 2021), the Supreme Court reiterated that workers may be considered project employees regardless of the nature of the work they perform, as long as the essential elements of project employment are alleged and proven ...
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”) ...
On August 23, 2022, the Department of Labor and Employment (“DOLE”) issuedLabor Advisory No. 17, series of 2022, which governs the suspension of work in the private sector by reason of weather disturbances and similar occurrences. It provides that in the exercise of management prerogative, the employer may suspend work to ensure the safety and health of employees during weather disturbances and similar occurrences ...
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) Partner Aaron Roi “Ace” Riturban and Special Counsel Catherina “Kate” Fernandez discuss the current regulatory framework as well as recent legal developments governing the mining industry in the Philippines. Tune in here:https://chambers-podcast.zencast.website/episodes/developments-in-the-mining-industry-in-the-philippines Continue reading here:https://chambers ...
PCC Issues Motu Proprio Merger Review Guidelines for Digital Markets On 21 August 2023, the Philippine Competition Commission (“PCC”) issued the Guidelines for the motu proprio review of Mergers and Acquisitions in Digital Markets (the “Guidelines”) to provide greater transparency and predictability over the PCC’s power of motu proprio review of mergers and acquisitions (M&As) within the digital market ...
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 ...
SyCipLaw's Tax Department has prepared Tax Issues and Practical Solutions (T.I.P.S.) for February. The February 2024 issue covers the following tax issues: 1. What is Republic Act No. 11976 and why is it relevant to tax?2. Are cross-border services provided by non-resident foreign corporations now subject to income tax and VAT under Revenue Memorandum Circular No. 5-2024? Please read the full texthereor via thislink ...
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 ...
In September 2021, the House of Representatives of the Philippines approved House Bill (HB) 7425 upon its third reading. HB 7425 seeks to impose a 12% value-added tax (VAT) on digital transactions in the Philippines ...
Introduction Republic Act No. 11697, or An Act Providing for the Development of the Electric Vehicle Industry (EVIDA Law), became effective on 15 April 2022. The EVIDA Law outlines the regulatory framework and creates a comprehensive roadmap for the operation of electric vehicles (EVs) in the Philippines. It governs "the manufacture, assembly, importation, construction, installation, maintenance, trade and utilization, research and development, and regulation of electric vehicles" ...
In March 2021, the Philippine Bureau of Internal Revenue (BIR) issued Revenue Memorandum Order No. 014-21 (the Memorandum), which streamlines the procedures for non-resident corporations and other juridical entities (collectively "non-resident taxpayers") to access Philippine tax treaty benefits ...
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 ...
SyCipLaw Partner Benedicto P. Panigbatan responds to questions in relation to property ownership and foreign investment in the Philippines ...
SyCipLaw Senior Partner Leslie C. Dy and Senior Associate Mark Kevin U. Dellosa provide an update on labor laws and employment rights in the Philippines in a special report published by Conventus Law. Contractualization and Workers' Rights SyCipLaw:Contractualisation may relate to the engagement of job contractors to perform services for a principal or the engagement of workers under short-term contracts ...
Analysts predict that the Philippine economy may contract by as high as 9% in the second quarter of 2020 ...
The electronic commerce industry is expected to expand by five to seven percent in the coming years while the streaming services business is also expected to exponentially grow, with more and more Filipinos opting to do their transactions online, as well as accessing Internet-based content and entertainment. Philippine authorities are inevitably focusing their regulatory gaze on these enterprises. A ...
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 ...
On February 16, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No ...
On February 12, 2016, the recently constituted Philippine Competition Commission (“PCC”), which was created under the Philippine Competition Act (Republic Act 10667 or the “PCA”), issued Memorandum Circular No ...
After the conclusion of the public consultations conducted by the Philippine Competition Commission ("PCC") on May 24, 2016 and the lapse of the period for the submission of comments and suggested revisions to the draft implementing rules and regulations issued on May 10, 2016, the PCC has published the final implementing rules and regulations (the "Rules") of the Philippine Competition Act ("PCA") last June 3, 2016. The Rules took effect on June 18, 2016 ...
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 ...
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 ...
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 ...
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 ...
