V&A Law

AI in the Philippines: Latest Regulatory Developments and Challenges

V&A Law Partner, Richard Henrick I. Beltran and Associate, Rachelle Ann L. Go are featured contributors for the In-House Community IHC Magazine’s October 2024 issue. Their article entitled, AI in the Philippines: Latest Regulatory Developments and Challenges, provides an overview of the regulatory landscape for AI in the Philippines and examines the key obstacles preventing its widespread adoption. Read the full article here: https://www.inhousecommunity.com/article/ihc-magazine-oct-2024-issue-focus-creating-future-ready-legal-teams/?idU=1 ...

The Intellectual Property Office of the Philippines IPOPHL issued Memorandum Circular No. 2024-006 on the revised Philippine Rues on the Patent Cooperation Treaty Pro-PCT of 2024. The Pro-PCT is promulgated in view of the IPOPHL’s policy to streamline its administrative and examination procedure relative to PCT applications, and to align said procedures with updates in PCT regulations, IPOPHL’s role as an International Searching Authority and International Preliminary Examination Authority and the 2022 Revised Implementing Rules and Regulations for Patents, Utility Models...

On 13 June 2024, President Ferdinand R. Marcos, Jr. signed into law Republic Act No. 12001 or the Real Property Valuation and Assessment Reform Act “RPVARA” or the “Act” . The RPVARA shall take effect fifteen 15 days from its publication last 20 June 2024 or on 05 July 2024 . The RPVARA was passed with the aim of addressing one of the prevalent issues in real property taxation which is the convoluted valuation process which may be attributed to overlapping assessments of multiple government agencies. For instance, the Commissioner of Internal Revenue is au...

The Labor and Employment Practice Group, through Rashel Ann Pomoy, contributed an article for L&E Global which discusses the liability of foreign-based companies hiring Philippine-based workers under Philippine labour laws. Published on 19 April 2024, the article delves into the emerging employment arrangements during the prevalence of the gig industry, freelancing, and independent contracting. Particularly, Rashel examined the obligations of foreign-based companies engaging Filipino workers under three common working arrangements: 1 through independent contractor agreements, ...

Navigating the intricacies of estate or private wealth planning can be intimidating for most, but dealing with these matters earlier on can make a huge difference. In V&A Law’s latest article for the In-House Community, V&A Law Partner, Mandy Therese M. Anderson and Associate, Ma. Samira C. Tacandong delve into common estate planning tools, particularly highlighting insurance and trusts as key tools used to help alleviate the burden of one’s estate taxes. Read the full article here: Insurance and Trusts as Tools for Private Wealth Planning - In-House Community i...

We are excited to share our latest article featured in the In-House Community Magazine’s April 2024 Issue entitled, “Investment Opportunities in the Philippines.” In this article, V&A Law Partner, Ma. Carla P. Mapalo; Senior Associate, Amber Shawn A. Gagajena; and Junior Associate, Ma. Andrea V. Naguit, delve into the recent amendments to the Philippine Legal Framework, which usher in a significant milestone in the country’s efforts to attract more foreign investments, boost economic growth, and streamline business operations. These changes aim to create a...

In order to assist Filipino inventors and qualified foreign inventors to protect their inventions internationally through the Patent Cooperation Treaty “PCT” filing system, the Intellectual Property Office of the Philippines IPOPHL extends the PCT Filing Assistance Program “FAP” under Memorandum Circular 2024-004. To recall, the PCT FAP waived the IPOPHL Search Fee and Preliminary Examination Fees under Memorandum Circular 2019-004. Subsequently, the effectivity of the PCT FAP under the said Memorandum Circular was extended for several years until 31 D...

Villaraza & Angangco Law’s Ma. Sophia Editha Cruz-Abrenica was interviewed by AsiaIP on Intellectual Property “IP” Strategy for businesses and start-ups. In the article “ What’s your IP strategy? ”, Asia IP writer Espie Angelica De Leon gathered insights from top intellectual property lawyers from various countries in Asia, such as Thailand, Vietnam, China and the Philippines regarding formulation and development of IP strategies for businesses and start-ups. Atty. Cruz-Abrenica identifies who should formulate the IP strategy during the or...

Republic Act No. 11966 or the “Public-Private Partnership Code of the Philippines” marks a remarkable advancement in the country’s approach to public-private partnerships. Villaraza and Angangco Law Partner Mark Benjamin C. Yam and Senior Associate Fritz Julius V. Casama delve further into this legislative milestone in their article, “Significant Changes and Transitory Provisions under the Republic Act No. 11966 or the New “Public-Private Partnership Code of the Philippines,” while the country awaits the issuance of the Implementing Rules and Regulations...

Off to a Good Start: Ease of Paying Taxes Act Signed into a Law Mandy Therese M. Anderson Amber Shawn A. Gagajena Shaneena M. Kumar Gone are the days of waiting in long queues and jampacked Revenue District Offices “RDO” of the Bureau of Internal Revenue “BIR” which could easily eat up half of our day just to file tax returns and pay taxes. The Ease of Paying Taxes Act “EPTA” has finally set in stone that taxpayers “TPs” are now given the option to file and pay their taxes through authorized agent b...

Villaraza and Angangco Law “V&A Law” Partner Richard Henrick Beltran and Associate Ma. Andrea Naguit discussed the Philippine Internet Transactions Act in an article published by the In-House Community. Published on 11 January 2024, the article provides a comprehensive overview of the Philippine government’s recent legislative effort to regulate commercial activities conducted through the internet. The article tackles the scope of the newly-minted regulation, the jurisdiction of the designated regulatory authority, as well as the rights, obligations an...

Villaraza and Angangco Law “V&A Law” ’s Rashel Ann C. Pomoy contributed to the Philippine section of the first edition of International Employment Lawyer “IEL” ’s Guide to Restructuring a Cross-Border Workforce, edited by Peter Talibart and Kathryn Weaver at Seyfarth Shaw. In the Guide, Rashel provides answers to fundamental concerns of employers under Philippine laws regarding reduction of workforce, restructuring of business, and changing the terms and conditions of employment. The IEL’s Guide to Restructuring a Cross-Border...

Villaraza and Angangco Law “V&A Law” ’s Rashel Ann Pomoy contributed to the Philippine section of the second edition of International Employment Lawyer “IEL” ’s Guide to Workplace Investigations, edited by Slaughter and May . In the Guide, Rashel examines and provides answers to the key issues facing employers under Philippine laws at every stage of an investigation, including starting an investigation, the process of evidence gathering and how to conclude and process the outcome of an investigation. IEL’s Guide t...

Villaraza and Angangco Law “V&A Law” Partner Rashel Ann Pomoy and Associate Roy Santos Necesario co-wrote an article for the International Law Office on the latest Philippine case law that impacts status of employment of independent contractors in the country. Published in Lexology on 11 October 2023, the article is entitled “Digesting Ditiangkin: The Philippine Freelancing Industry and the Impacts of Philippine Supreme Court Ruling on Engaging Independent Contractors.” It delves into the Philippine Supreme Court’s pronouncements in Ditian...

Villlaraza and Angangco Law “V&A Law” is an exclusive partner of The Legal 500 and Legal Business/In-House Lawyer for the Employment Yearbook 2023. V&A Law Partner Rashel Ann Pomoy and Associate Roy Santos Necesario co-wrote an article entitled “Non-Compete Covenants in Philippine Employment Agreements – Current Views and Future Direction” as the Firm’s contribution to the Employment Yearbook. Released on 25 September 2023, the Employment Yearbook aims to provide a comprehensive overview of the current Employment legal market. It ...

The Intellectual Property Office of the Philippines issued in 2022 the Clarity Guidelines Guidelines for Patent Applications. The Guidelines aim to assist the Examiners in assessing clarity of claims, as required by the Intellectual Property Code of the Philippines. [1] It is important that the claims be clear and concise in order to ensure clear delineation of the scope of the invention. [2] Since the claims of an invention define the scope of protection, clarity considerations are of utmost importance in patent applications. [3] The Guidelines divide claims into two categor...

While all else seemed to take a hit during the global pandemic, the world witnessed an unprecedented rise in e-commerce. People were forced to stay at home and turn to their phones to address even the most basic concerns e.g. groceries, shopping . In the Philippines, platforms such as Shopee, Lazada, and Grab were quickly a staple in every Filipino’s mobile phone. These entities which are engaged in small package delivery services, i.e. , the Private Express and/or Messenger Delivery Service “PEMEDES” are regulated by the Department of Information and Communications T...

V&A’s Arbitration Practice Group once again contributed the Philippines Chapter for the 2023 edition of The International Arbitration Review published by TLR The Law Reviews , an independent London-based publishing group which provides in-depth analyses of global legal issues and their commercial implications, written by thought leaders at the world’s top law firms. Edited by John V. H. Pierce of Latham & Watkins LLP, TLR’s The International Arbitration Review is a leading annual publication that provides an analytical overview of what has occurred...

V&A Law’s Ma. Sophia Editha Cruz-Abrenica co-authors an article published in the Integrated Bar of the Philippines IBP Journal entitled “ CONNECTING LINKS: COVID-19 AND PHARMACEUTICAL AND MEDICAL INDUSTRY SUPPLY CHAINS ”. The article elaborates on why the Philippines must actively set up alternative internal and external suppliers of pharmaceutical and medical products in view of supply chain disruptions. The article is published in the IBP Journal’s Volume 47, Issue 3 on May 2023. The Editor’s Note to this edition states that “ it is with...

On October 2022, the IPOPHL issued Guidelines on the Examination of Biotechnological Applications Biotech Guidelines in line with IPOPHIL’s goal to deliver quality and timely patents and are intended to be adaptable to new knowledge, technologies and trends in the Biotechnology field. The Biotech Guidelines cover inventions pertaining to Microorganisms, Nucleic Acid and Polypeptides, Antibodies and Plants and Animals, and include a section on Stem Cells which discusses what stem cells are eligible for patenting and which are not patentable. The Biotech Gu...

Villaraza & Angangco “V&A Law” is the exclusive contributor to the Philippine Chapter of The Legal 500: Litigation Comparative Guide. The Philippine Chapter was written by Raquel Wealth A. Taguian , Via Monina C. Valdepeñas , Antonio Rafael B. Ongkeko , Jr., and Armand Kevin S. Mendoza . The Legal 500: Litigation Comparative Guide features 34 jurisdictions and provides its readers with a pragmatic overview of the law and practice of litigation and dispute resolution across a variety of jurisdictions, as well as information about the current is...

Approved on 24 April 2023, the National Economic Development Authority “NEDA” released the 2023 Revised Guidelines and Procedures for Entering into Joint Venture “ JV ” Agreements Between Government and Private Entities the “ 2023 NEDA JV Guidelines ” . These guidelines, which took effect on 25 April 2023, provide an update to the 2013 NEDA JV Guidelines the “ 2013 Guidelines ” . Review and Approval of the Draft JV Agreement Under the 2013 Guidelines, the approval of the JV Agreement was solely the ...

Approved on 24 April 2023, the National Economic Development Authority “NEDA” released the 2023 Revised Guidelines and Procedures for Entering into Joint Venture “ JV ” Agreements Between Government and Private Entities the “ 2023 NEDA JV Guidelines ” . These guidelines, which took effect on 25 April 2023, provide an update to the 2013 NEDA JV Guidelines the “ 2013 Guidelines ” . Update to the modes of Entering into a JV: 1. Competitive Selection Unlike the 2013 Guidelines , which req...

Last year, the Philippine Intellectual Property Office “IPOPHL” issued the Revised Implementing Rules and Regulations for Invention, Utility Models, and Industrial Designs “Revised IRR” , which introduced several amendments, one of which is the removal of the one 1 month grace period to pay the filing fees. Under the Revised IRR, payment of the filing fee, excess claims fee, priority claim fee, and the first publication fee collectively, the “required fees” must be made at the time of filing of the application. Otherwise, the application shall not...

On 18 May 2023, the Philippine Competition Commission “PCC” issued the Non-Horizontal Merger Review Guidelines the “Guidelines” , aimed primarily at outlining the principal policy of the PCC with respect to non-horizontal mergers and acquisitions that may have an effect on trade, industry, or commerce in the Philippines. The Guidelines extensively cover the analytical process employed by the PCC when evaluating vertical and conglomerate mergers within the country. The Guidelines delve into several key aspects, including: 1 the specific information...

On 24 April 2023, the National Economic Development Authority “NEDA” released the 2023 Revised Guidelines and Procedures for Entering into Joint Venture “ JV ” Agreements Between Government and Private Entities the “ 2023 NEDA JV Guidelines ” . These guidelines, which took effect on 25 April 2023, provide an update to the 2013 NEDA JV Guidelines the “ 2013 Guidelines ” . New Scope Unlike the 2013 Guidelines , the 2023 NEDA JV Guidelines exclude from its coverage a JVs of government entities in ...

On 25 April 2023, the Securities and Exchange Commission “SEC” has released the implementing rules and regulations “IRR” of the Financial Products and Services Consumer Protection Act of 2022 “FCPA” “FCPA IRR” , which will operationalize the FCPA and provide appropriate mechanisms to protect the interest of consumers of financial products and services under the conditions of transparency, fair and sound market conduct, and fair, reasonable, and effective handling of financial consumer disputes that are aligned with global best ...

V&A Law represented by its partners, Katrina V. Doble and Danielle San Pedr o, will join thousands of intellectual property practitioners and stakeholders from around the world at the International Trademark Association INTA Annual Meeting from 16-20 May 2023 at Singapore. Katrina and Danielle would be happy to meet you there! ...

V&A Law Partners, Katrina V. Doble and Danielle San Pedro are contributors to the Philippine Chapter of the International Comparative Legal Guides "ICLG" 2023 - Trademarks. The Philippine Chapter provides a comprehensive guide on the substantive and procedural aspects of trade mark law, protection and enforcement in the Philippines. Access to the complete Philippine Chapter is available here: https://iclg.com/practice-areas/trade-marks-laws-and-regulations/philippines The Philippine Chapter was first published in ICLG -...

On 28 April 2023, Villaraza and Angangco Law “V&A Law” Partner Rashel Ann Pomoy and Associate Caleb L. Lauredo served as speakers for the European Chamber of Commerce of the Philippines ECCP ’s webinar entitled “Understanding Labor Laws: Know your Rights as a Worker.” During the webinar, Pomoy highlighted existing research on how employers’ compliance with labor standards can strengthen industrial relations, increase investments, and stimulate economic activity. She also identified the forms of unfair labor practices and outlined ...

One of the latest advancements in the field of artificial intelligence “AI” that has caught the attention of different sectors around the world is the rise of advanced large language models, such as artificial intelligence “AI” -powered chatbot “ChatGPT”. ChatGPT uses deep learning techniques to generate coherent and contextually appropriate responses to open-ended questions or prompts. It is no question that ChatGPT has the potential to revolutionize the social, economic, and political spheres. In the Philippines, the Supreme Court has ...

V&A Law Partners Raoul R. Angangco , Sylvette Y. Tankiang , Franchette M. Acosta and Kristin Charisse C. Siao are contributors to the Chambers Asia-Pacific Legal Guide for 2023. Their article entitled “PHILIPPINES: An Introduction to Projects, Infrastructure & Energy” discusses the easing of nationality restrictions in energy and infrastructure projects in the Philippines. The article provides an in-depth overview of the key amendments to nationality restrictions affecting renewable energy, transportation infrastructure, construction and domestic mar...

V&A Law’s Rashel Pomoy is the Exclusive Contributor to the Philippine chapter of The Legal 500’s Employment & Labour Law Comparative Guide Villaraza and Angangco Law “V&A Law” ’s Rashel Ann Pomoy was chosen as the Exclusive Contributor by The Legal 500 to write the Philippine chapter of its Employment & Labour Law Comparative Guide “Guide” Launched on 11 April 2023, The Legal 500’s Guide aims to provide its readers with a pragmatic overview of the law and practice of employment and labour law a...

Villaraza & Angangco “V&A Law” contributes to the Philippine Chapter of the Legal 500 Technology, Media and Telecommunications law “TMT” Comparative Guide for 2022. Written by Sylvette Y. Tankiang, Franchette M. Acosta, Ma. Carla P. Mapalo, and Carlo Augustine A. Roman of V&A Law’s Corporate and Commercial Law Department, the Philippine Chapter of the TMT Comparative Guide is a country-specific Q&A that gives an overview of TMT laws and regulations applicable in the Philippines. The TMT Comparative Guide provides...

The National Privacy Commission “NPC” released NPC Circular No. 2022-02 “Circular” , amending the NPC Circular No. 2020-01 or the “Guidelines on the Processing of Personal Data for Loan-Related Transactions”. According to NPC Commissioner John Henry Naga, the newly-issued guidelines were issued to address data privacy concerns caused by the recent prevalence of online lending. Section 3 A of NPC Circular No. 2020-01 was amended to require lending companies, financing companies, and other persons acting as such collectively, “Lend...

On 20 March 2023, the National Economic and Development Authority issued the Implementing Rules and Regulations “IRR” of Republic Act “RA” No. 11659 or An Act Amending Commonwealth Act No. 146, otherwise known as the Public Service Act, as amended. The IRR defines a public utility, distinguishes public utilities and public services, and liberalizes foreign ownership restrictions on public utilities. Under the Philippine Constitution, only Filipino citizens or corporations organized under Philippine law with 60% of its capital owned by Filipino citi...

The Securities and Exchange Commission “ SEC ” has recently issued SEC Memorandum Circular “ MC ” No. 10, Series of 2022 “ MC No. 10 ” amending SEC MC No. 15, Series of 2019 the “ Beneficial Ownership Guidelines ” which mandated disclosure of information on beneficial ownership and control over SEC registered corporations – both foreign and domestic, in the General Information Sheet “ GIS ” . MC No. 10 increased the penalties imposable for failure to comply with the Beneficial Ownership Guide...

On 24 January 2023, the Department of Environment and Natural Resources “DENR” issued the Implementing Rules and Regulations of Republic Act “RA” No. 11898 or the Extended Producer Responsibility Act of 2022 the “EPR Act” . The Act institutionalizes Extended Producer Responsibility “EPR” on plastic packaging waste and requires business entities to adopt and implement policies for the proper management of plastic packaging wastes. The Act is widely considered to be timely given that the Philippines has been identified as o...

The Bangko Sentral ng Pilipinas the “ BSP ” recently issued Circular No. 1166 Series of 2023 dated 7 February 2023 “ BSP Circular No. 1166 ” or the “ EMI Guidelines ” amending parts of Sections 402-S, 402-N, and 702-Q of the Manual of Regulations for Non-Bank Financial Institutions “ MORNBFI ” and Section 702 of the Manual of Regulations for Banks the “ MORB ” in relation to regulations on Electronic Money Issuers “ EMIs ” including EMI banks and EMI Non-Bank Financial Institutions “ ...

Villaraza & Angangco “V&A Law” is the sole contributing firm to the Philippine Chapter of the Technology, Media and Telecommunications “TMT” 2023 Guide of Chambers and Partners Chambers Global Practice Guides. The Philippine Chapter was written by Sylvette Tankiang , Franchette Acosta , Richard Henrick Beltran , and Raymond John Cheng of V&A Law’s Corporate and Commercial Law Department. The TMT 2023 Guide features 29 jurisdictions and provides its readers with an overview of the law and practice as well as the latest legal i...

Singapore takes the lion’s share of outbound investments to Southeast Asia from the European Union and the United Kingdom of about 70% and 47%, respectively, with the Philippines lagging behind at 5th place and 6th place with 4.59% and 1.7%, respectively, as of 2019. Nevertheless, the Philippines has showed a stellar economic performance in 2022 as compared to its neighbors in the region. Participants at the European Honorary Consuls’ Meeting 2023 hosted by the European Chamber of Commerce of the Philippines expressed optimism that the Philippines can capture more...

The Philippine construction industry is expected to continuously expand, banking on double digit growth rates for the foreseeable future, finally recovering from the hit the industry took back in 2020. On-going and prospective historical, modern, and infastructure projects are lining up, and the industry anticipates to welcome potential contractors, both domestic and foreign. Guarding the entry of new contractors in the industry is the Philippine Contractors Accreditation Board “ PCAB ” — one of the regulatory authorities implementing Republic Act No. 45...

Impact of Lifting Foreign Restrictions in the Renewable Energy Sector on Energy Efficiency Projects in the Philippines On 12 April 2019, the Philippine Congress approved the Energy Efficiency and Conservation Act “EECA” to promote and encourage the development and utilization of efficient Renewable Energy “RE” technologies and systems to ensure optimal use and sustainability of the country’s energy resources through energy efficiency “EE” projects. The EECA defines “Energy efficiency” as the “way of managing ...

On 14 February 2019, then-President Rodrigo Duterte signed Republic Act No. 11213 RA 11213 into law. The Tax Amnesty Act, as its short title states, aims to protect and enhance the revenue and administration of the State and make the country’s tax system more equitable. It provided for a one-time opportunity to settle estate tax obligations through an estate tax amnesty program with the dual goal of giving reasonable tax relief to estates with deficiency estate taxes and enhancing revenue collection by increasing the chance of collecting delinquent taxes on estates. Originally, thi...

Villaraza and Angcangco “V&A Law” Partner and Labor and Employment Practice Deputy Group Deputy Head, Rashel Ann C. Pomoy, was chosen to contribute to the Philippine chapter of International Employment Lawyer “IEL” ’s “Guide to Workplace Investigations.” The publication examines key issues that organisations need to consider as they initiate, conduct and conclude investigations in 23 major jurisdictions around the world. In the guide, Rashel Ann Pomoy looked at how workplace investigations are carried out in the Philippines a...

On 11 September 2020, former President Rodrigo R. Duterte signed into law Republic Act “RA” No. 11469, otherwise known as the Bayanihan to Recover as One Act “Bayanihan 2” , to mitigate the adverse effects of the COVID-19 pandemic on the Philippine economy. Among the remedial measures implemented under Bayanihan 2 was the increase in merger and acquisition “M&A” thresholds for compulsory notification to the Philippine Competition Commission. Particularly, Bayanihan 2 exempted from compulsory notification M&As with values below Fifty Bi...

Foreign citizens or foreign-owned entities may engage in the exploration, development, and utilization “EDU” of the country’s renewable energy “RE” resources such as solar, wind, biomass, ocean, or tidal energy following the amendment of Section 19 of the Implementing Rules and Regulations “IRR” of the RE Act of 2008. Previously, the IRR of the RE Act limited participation in the EDU of RE resources to Philippine citizens, or corporations or associations at least sixty percent 60% of whose capital is owned by Filipinos. This w...

Villaraza & Angangco “V&A Law” is the sole contributor to the Philippine Chapter of the Legal 500 Merger Control Comparative Guide for 2022. Written by Raoul R. Angangco , Sylvette Y. Tankiang , Franchette M. Acosta and Kristin Charisse C. Siao of V&A Law’s Corporate and Commercial Law Department, the Philippine Chapter of the Merger Control Comparative Guide is a country-specific Q&A that gives an overview of merger control laws and regulations applicable in the Philippines. The Merger Control Comparative Guide provides its readers wit...

Villaraza & Angangco “V&A Law” is the sole contributor to the Philippine Chapter of the Legal 500 Technology, Media and Telecommunications law “TMT” Comparative Guide for 2022. Written by Sylvette Y. Tankiang , Franchette M. Acosta , Ma. Carla P. Mapalo , and Carlo Augustine A. Roman of V&A Law’s Corporate and Commercial Law Department, the Philippine Chapter of the TMT Comparative Guide is a country-specific Q&A that gives an overview of TMT laws and regulations applicable in the Philippines. The TMT Comparative Guide prov...

V&A Law Partner Rashel Ann C. Pomoy’s article in the International Law Office – Employment and Immigration Newsletter examines the recent issuances of the Philippine government on hybrid work-from-home scheme arrangement for PEZA-registered business enterprises RBEs . Access the article here: https://www.lexology.com/commentary/employment-immigration/428a410c-9b8c-4b91-9a7a-2e16d8fbd125?preview=40b042d2-a340-4500-80e9-541dc0ed1d48 ...

Villaraza & Angangco "V&A Law" is the sole contributor to the Philippine Chapter of The Legal 500 Legalease Employment & Labor Law Country Comparative Guide for 2022. Written by V&A Law's Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , and Lawrence Ivan Manalo of the Firm's Labor and Employment Department, the country-specific Q&A provides an overview of the employment and labor laws and regulations applicable in the Philippines. The guide particularly examines various aspects of termination of employment and the key legal deve...

Technological advances have allowed companies to undertake cross-border operations and engage individuals around the world without the need for relocation. The Philippines, being an international business hub, allows for the hiring of Filipino workers either through direct employment or independent contracts on an individual basis. In the Lexology article entitled: "How to avoid pitfalls of worker misclassification," V&A Law's Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , and Lawrence Ivan Manalo of the Firm's Labor and Employment group, disting...

Villaraza & Angangco "V&A Law" is the sole contributor to the Philippine Chapter of the Chambers and Partners Guide entitled: "An Introduction to Corporate/ M&A." Written by V&A Law Senior Partners Raoul R. Angangco , Sylvette Y. Tankiang , and Franchette M. Acosta of the Firm's Corporate and Commercial Law Department, the article provides an overview of the key legal developments governing the Corporate and M&A landscape in the Philippines as the economy fluctuates due to the COVID-19 pandemic. The article discusses: i. Compu...

Villaraza & Angangco "V&A Law" is the sole contributor to the Philippine Chapter of the Chambers and Partners Guide entitled: "An Introduction to Employment." Written by V&A Law Partners Alejandro Alfonso E. Navarro and Rashel Ann C. Pomoy of the Firm's Labor and Employment Department, the article provides an overview of the key legal developments governing the Labor and Employment landscape in the Philippines as the economy continues to be affected by the coronavirus pandemic. The article examines the labor and employment issues and ...

On 10 December 2021, the Philippine President signed into law Republic Act "RA" 11595 amending the Retail Trade Liberalization Act of 2000 "RTLA" . With the aim to further liberalize the Philippine economy and open the country to more foreign direct investments and job creation, among the salient provisions of the law are as follows: i. removal of the requirement for a Certificate of Prequalification and the need to show compliance with the criteria for prequalification under the RTLA to the Philippine Board of Investments before a foreign retaile...

We are pleased to share that the article entitled: "Can employers mandate compulsory vaccination for their employees?" written by the Firm's Alejandro Alfonso E. Navarro and Rashel Ann C. Pomoy received the most reads on the International Law Office "ILO" in 2021 for Employment and Immigration. Delivering expert legal commentary to senior corporate counsels and law firm partners worldwide, ILO generates content in collaboration with over 500 of the world's leading experts and covers more than 100 jurisdictions. Access the articl...

Villaraza & Angangco is the sole contributor for the Philippine Chapter of the M&A Special Report 2021 as published in the In-House Community Magazine December 2021 Issue. Entitled: "M&A in the Philippines: Trends, Challenges, and Opportunities," the Chapter as written by V&A Law Partner Kristin Charisse C. Siao of the Firm's Corporate and Commercial Law Department discuss: i the current M&A Trends in the Philippines; ii impact of the COVID-19 pandemic on M&A activities in the country; iii recent changes to laws governing M&A ...

Villaraza & Angangco “V&A Law” is the sole contributor for the Philippine Chapter of Asia Business Law Journal's Comparative Guide entitled: "A Comparison of Renewable Energy Regulations.” Engaging in a global dialogue focusing on prioritizing renewable energy policies in Asia, V&A Law’s Kristin Charisse C. Siao , Efren II R. Resurreccion , and Mely Ann Emerie A. Cristobal of the Firm’s Corporate and Commercial Law Department lead the discussion on the Philippine Renewable Energy Framework. Access the Chap...

Villaraza & Angangco is the sole contributor for the Philippine Chapter of the OneTrust DataGuidance note on Cookies & Similar Technologies. Written by V&A Law's Franchette M. Acosta and Pauline Marie R. Gairanod of the Firm's Corporate and Commercial Law Department, the guidance note discusses the governing legislation and regulatory authority on the use of cookies and similar technologies, consent and cookie policy, third party cookies, retention periods, as well as penalties for violations committed while using cookies. Access the Chapter ...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the Lexology Getting The Deal Through Trademarks 2022 Guide. Written by the Firm's Katrina V. Doble and Danielle Francesca T.C. San Pedro , the Chapter provides an overview of the Philippine legal framework on trademarks, and discusses trademark registration and use, licensing and assignment, as well as enforcement. Further, the Chapter explores the emerging trends and notable developments on trademarks in the Philippines. The Lexology Getting The Deal...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the Chambers and Partners Private Equity 2021 Global Practice Guide. Written by V&A Law Senior Partners Raoul R. Angangco , Sylvette Y. Tankiang , and Franchette M. Acosta , the Chapter discusses the Philippine regulatory framework on mergers and acquisitions and private equity, M&A transaction activity, private equity developments, due diligence, structure of transactions, terms of acquisition documentation, public-to-private takeovers, mandatory offer threshol...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of The Legal 500 Merger Control 2021 Guide. Written by V&A Law Senior Partners Raoul R. Angangco, Sylvette Y. Tankiang , and Franchette M. Acosta , the Chapter provides an overview of merger control laws and regulations applicable in the Philippines, and examines jurisdictional thresholds, notification requirements and processes. as well as the penalties imposed in cases of breach. Further, the Chapter explores the recent trends and planned reforms of the merger contr...

Please take a look at Villaraza & Angangco’s article on International Law Office Employment & Immigration Newsletter. In the article entitled: "Gig economy: essential aspects of contracting," the Firm's Alejandro Alfonso E. Navarro , Rashel Ann Pomoy , and Lawrence Ivan Manalo delve into the concept of contracting and applicable rules, forms of contracting arrangements, and tests of employment. Further, the authors commented on the advantage of a gig economy in addressing the challenges brought about by the COVID-19 pandemic. The In...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the recently released Chambers and Partners Doing Business Trends and Developments 2021 Guide. Written by the Firm's Raoul R. Angangco , Augusto A. San Pedro, Jr ., Monica Leonila B. Siron , and Danielle Francesca T.C. San Pedro , the Chapter examines the trends and developments in the Philippine legal framework, particularly on Labor and Employment, Economic Recovery Measures, Foreign Direct Investments, Tax, Real Estate, Intellectual Property, and Arbitration and...

We are pleased to announce that Villaraza & Angangco "V&A Law" has been ranked in seven 7 practice areas in the IFLR1000 2022 Rankings. The Firm has been ranked Tier 2 for M&A and Restructuring and Insolvency, and was named a Recommended Firm for Banking, Capital Markets: Debt, Capital Markets: Equity, Project Development, and Project Finance. Consistently recognized for playing key roles in the country's landmark mergers & acquisitions, rehabilitation and restructuring transactions, energy development, and government projects, the Firm&rsquo...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the Lexology Getting The Deal Through Occupational Health & Safety 2022 Guide. Written by Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , and Ernesto C. Herrera III of the Firm's Labor and Employment Department, the Chapter delves into the Philippine legal framework on occupational health and safety; employer and worker rights, duties, and responsibilities; occupational hazards and risk management; and liabilities, penalties imposed, and enforcement by gov...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the Chambers and Partners Doing Business Law and Practice 2021 Guide. Written by the Firm's Sylvette Y. Tankiang , Alejandro Alfonso E. Navarro , Franchette M. Acosta , and Katrina V. Doble , the Chapter delves into the Philippine legal system, restrictions to foreign investments, corporate vehicles, employment law, tax law, competition law, intellectual property, and data protection. Further, the Chapter explores the upcoming legal reforms in the Philippine busine...

Villaraza & Angangco "V&A Law" is the sole contributor for the Philippine Chapter of the recently released Chambers and Partners Merger Control 2021 Guide. Written by the Firm's Senior Partners Raoul R. Angangco , Sylvette Y. Tankiang , Franchette M. Acosta , and Pauline Marie R. Gairanod , the Chapter delves into Philippine merger control legislations, jurisdiction, enforcing authorities, notification requirements and procedure, ancillary restraints, and third-party rights. Further, the Chapter explores the recent developments in the Philippine co...

The COVID-19 pandemic has shown that we may increasingly rely on Artificial Intelligence AI for efficient and effective detection, mitigation, and eventually, resolution of health crises. AI technology has been recently placed in the spotlight, finding use in the prevention and control of acute respiratory infections ARI of international health concern, COVID-19 diagnosis and monitoring, patient diagnosis and triage, drug and vaccine development, as well as in public health and decision-making. Technology development and utilization, however, especially since it requires time, effort, ...

Given the plight of workers during the pandemic, the Employees' Compensation Commission ECC which is the government agency tasked to provide compensation to workers in the event of work-related illness, injury, or death, has recently officially included COVID-19 in its List of Occupational and Work-Related Diseases compensable under the Employees' Compensation Programme ECP . In the article entitled: "COVID-19 included as compensable illness" published by the International Law Office, the Firm's Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , a...

The Intellectual Property Office of the Philippines “IPOPHL” issued the Implementing Rules and Regulations on Resale Rights in order to protect artists and other gifted people in relation to their intellectual property and creations, as well as to clarify the rights of artists to proceeds of subsequent transfers or resale. In the Lexology article entitled: “Philippine Copyright Owners’ Resale Rights,” the Firm’s Ma. Sophia Editha C. Cruz-Abrenica discuss the salient provisions of the rules and regulations, including the coverage and lim...

We are pleased to announce that Villaraza & Angangco "V&A Law" has been chosen as the sole contributor for the Philippine Chapter of the recently released Mondaq Labour and Employment Comparative Guide. Written by the Firm's Alejandro Alfonso E. Navarro and Rashel Ann C. Pomoy , the Philippine Chapter delves into the Philippine labor law framework, employment rights and representations, employment benefits, discrimination and harassment, dismissals and terminations, and employment tribunals. Further, the authors explore the trends and predictions in...

In an effort to cushion the blow on business enterprises during the onslaught of the COVID-19 pandemic, the Securities and Exchange Commission issued new guidelines for the creation of a corporate debt vehicle CDV which will enable large corporations and medium-sized businesses to secure indispensable funding to maintain liquidity during these unpredictable times. In the Lexology article entitled: “Stimulating the Market in the Time of COVID-19: An Introduction of Corporate Debt Vehicles in the Philippines,” V&A Law’s Maria Concepcion P. Simundac , R...

Patentability of a product or process requires novelty, inventive step and industrial utility. Relevant to genomics and its application to inventions for treatment and diagnosis of COVID-19, the Philippine Intellectual Property Code “IP Code” provides what are patentable, and what are not. In the article entitled: “Patentability Considerations for COVID-19 Related Genomics” as published in the Asian Patent Attorneys Association "APAA" e-Newsletter for April 2021, the Firm's Sophie Cruz-Abrenica and Maria Patricia P. Cruz discuss t...

Recognizing the potential of virtual assets to revolutionize the delivery of financial services both domestically and internationally, the Bangko Sentral ng Pilipinas issued the new guidelines updating the existing regulations and framework of virtual currency exchange currently known as virtual assets providers . In the Lexology article entitled: “Understanding Virtual Assets Regulations in the Philippines,” V&A Law’s Richard Henrick I. Beltran and Raymond John S. Cheng examine the regulatory framework governing virtual assets and cryptocurrencies....

The pandemic has presented its own forms of struggles for the real estate sector, specifically with respect to acquisition of residential properties. If one has found a property that he may be interested in despite the COVID-19 restrictions, processing of documentation with government agencies – which is a crucial step for the property acquisition process – presents its own challenges in view of stringent regulations in government agencies. In the Lexology article entitled: "It’s on the House: A Step-by-Step Guide on Property Investment during the Pande...

In some countries, generic companies applying for marketing authorization may exclude from the product information portions which refer to indications or dosage that are protected by patents. Hence, this essentially constitutes carving out of patent protected matter, more popularly called "skinny labelling." In the Lexology article, “Carving Off the Meat: Skinny Labeling of Generic Drugs,” the Firm’s Sophie Cruz-Abrenica and Maria Patricia P. Cruz discuss the laws surrounding “skinny labeling” in the Philippines and compare this app...

We are pleased to announce that Villaraza & Angangco has been chosen as the sole contributor for the Philippine Chapter of the recently released 12th Edition of The Employment Law Review. Written by V&A Law Partners Alejandro Alfonso E. Navarro and Rashel Ann C. Pomoy , the Philippine Chapter delves into the Philippine labor law framework and the recent labor law jurisprudence, rules, and regulations. Further, the authors discuss key employment & labor law concepts including the basics of entering into an employment relationship, restrictive covenants, wages, g...

We are pleased to announce that Villaraza & Angangco has been chosen as the sole contributor for Philippines in The Legal 500 Legalease : Employment & Labour Law Country Comparative Guide 2021. Written by the Firm's Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , Efren II R. Resurreccion , and Paolo Miguel Consignado , the country-specific Q&A chapter provides an overview of employment and labor laws and regulations applicable in the Philippines, particularly on termination of employment, protection for workers, and compensation, among others...

On 2 December 2020, the Bangko Sentral ng Pilipinas “BSP” issued BSP Circular No. 1105 series of 2020 the “Guidelines” , which provides the guidelines in establishing a digital bank in the Philippines and converting existing banks to a digital bank, which met the criteria under the Guidelines. The Guidelines became effective on 23 December 2020. Under the Guidelines, a digital bank is defined as an entity which “offers financial products and services that are processed end-to-end through a digital platform and/or electronic channels with no physical...

A prenup has long been considered taboo for various reasons and an affront to conservative circles. However, a deeper understanding of one of the consequences of marriage – the property relations between husband and wife, might make you consider having one. In The Philippine Star article entitled “What’s Yours is Mine, and What's Mine is Yours,” the Firm's Camille Angelica A. Mendoza provides a summary of the nature, types, and effects of a “prenuptial agreement” or an “antenuptial agreement” under the Family Code. ...

The COVID-19 pandemic continues to ravage society. For the greater part of 2020, economies were brought to a standstill and lives were lost to the virus. In an effort to eradicate COVID-19, vaccines have been developed at a rapid pace. Employers are now contemplating imposing workplace-wide vaccination programmes in order to bring back available workforces and increase operational efficiency. Is this legally permissible? Employers' management prerogative to enact measures to keep workplaces safe Employers have a management prerogative to require employees to be healthy an...

In line with the rapid development of vaccines for COVID-19, the Philippine Food and Drug Association "FDA" issued Circular No. 2020-029 which provides for the guidelines on the applications for the conduct of COVID-19 clinical trials in the Philippines. In the Lexology article entitled: "Trial Without Error: Philippine FDA Issues Guidelines on COVID-19 Clinical Trial Applications," the Firm’s Sophie Cruz-Abrenica and Maria Patricia P. Cruz discuss the requirements and processes mandated by the FDA in the conduct of COVID-19 related clinical tr...

Foreign nationals who come to the Philippines, whether for tourism, business, work, or medical purposes, are required to secure the necessary visas and/ or work permits best suited for their purpose. In the Lexology article entitled: "A Foreign National’s Guide to Tourist Visas and Employment Permits in the Philippines," the Firm's Paul Rodulfo B. Imperial enumerates the most common types of visas and work permits issued in the Philippines, and discusses their respective application, requirements for issuance, and coverage. Read the article...

Villaraza & Angangco as sole contributor for the Philippine Chapter of the Taylor Vinters International Employment Law Update for January 2021. The Philippine Chapter of the International Employment Law Update, written by the Firm's Ernesto C. Herrera III , provides an overview of the proposed increase to the Service Incentive Leave in the Philippines from five 5 to ten 10 days, and discusses its application and coverage. Access the Philippine Chapter here: https://www.taylorvinters.com/article/philippines-proposed-increase-to-service-incentive-leave ...

In order to address the ongoing pandemic, the President was empowered to implement an uninterrupted immunization program against vaccine preventable diseases. In relation to this, Phase IV trials for COVID-19 medication and vaccines were waived in order to expedite the procurement process, subject to certain provisos. In lieu thereof, the President authorized the Director General of the Food and Drug Administration “FDA” to issue Emergency Use Authorization “EUA” on a COVID-19 drug or vaccine. In the Lexology article entitled: "Philippine FDA Adv...

In response to the COVID-19 pandemic, the Food and Drug Administration "FDA" recently released and revised the guidelines on the use of electronic prescription in order to ensure the safety of individuals who are highly vulnerable to the virus. In the article entitled: “ e-Rx: FDA Reissues Guidelines on the Use of Electronic Prescriptions ,” Villaraza & Angangco's Ma. Sophia Editha C. Cruz-Abrenica and Maria Patricia P. Cruz discuss the guidelines on the use of electronic prescription as reissued recently by the FDA and review the details of the m...

In this article published on The Philippine Star, Carlo Augustine A. Roman of the Firm's Corporate and Commercial Law Department shares a comprehensive, step-by-step guide for property acquisition in the new normal, simplifying the necessary steps and considerations in making your next wise investment. Access the article here: https://propertyreport.ph/a-step-by-step-property-investment-guide/ #property #propertyinvestment #Philippines ...

With the development of financial technology, more consumers shifted to the use of credit cards as a cashless form of payment. Due to its universality and importance in financial transactions, it is incumbent upon the Philippine government to regulate the players within the industry. As a matter of course, the Philippine Congress has enacted Republic Act No. 10870 or the Philippine Credit Card Industry Regulation Law in 2016 in order to align with global best practices and promote an efficient payment system. The article, "CREDIT, SET, GO: A Brief Overview of the Philipp...

The Philippine government provided temporary relief to Filipinos affected by COVID-19 in terms of their capacities to pay rent, whether for residential or commercial purposes. In The Philippine Star article entitled, “It’s the lease they can do,” the Firm’s Renson Yu provides a summary of the measures undertaken by the government and talks about how lessors and lessees should work together to find a more sustainable solution to be able to bounce back from the effects of the pandemic. Access the article here: https://propertyreport.ph/its-the-l...

The article “IPOPHL Issues Rules on Copyright Owners’ Resale Rights” by the Firm’s Sophie Cruz-Abrenica is now published in AIPPI’s Newsletter for November 2020. The article discusses the application and terms of the new rules on copyright owners’ resale rights as issued by the Philippine Intellectual Property Office in July 2020. The International Association for the Protection of Intellectual Property "AIPPI" is the world’s leading non-profit association dedicated to the development of laws for the protection of intellectual...

With Christmas fast approaching and every Filipino is starting to think about Noche Buena and gift ideas, every employee is awaiting to receive their 13th Month Pay. With the financial uncertainties brought about by the COVID-19 pandemic, businesses have been exploring the possibility of being exempted from paying their employees a 13th Month Pay. The Firm’s Maria Concepcion Simundac, Ernesto III Herrera, and Raymond John Cheng provide a timely update on the rules and regulations regarding the payment of 13th Month Pay. Read the article here: https://lnkd....

Villaraza & Angangco Intellectual Property Department lawyers, Sophie Cruz-Abrenica , Anton Lu and Glaiza Narvacan lectured on the basics of Copyright, Trademarks and Patents as part of Ideaspace Foundation’s Start-up Acceleration Program. IdeaSpace Foundation is a non-profit organization that supports start-up companies through incubation and acceleration programs which aim to develop their innovative ideas into successful businesses. The Webinar was held on 22 October 2020 and was attended by some of the country’s up and coming start-up companies participat...

Villaraza and Angangco as sole contributor for the Philippine Chapter of the Lexology Getting The Deal Through on Trademarks 2021. The Philippine Chapter on Trademarks provides an overview of Philippine Trademark legislation, administrative regulations, and litigation, including key developments in Philippine trademark law in 2020 as well as emergency measures adopted to address issues due to the pandemic. The Chapter is co-authored by Katrina V. Doble, Danielle Francesca T.C. San Pedro, and Jan Eidrienne R. De Luis of the Firm’s Intellectual Property Department. ...

The Firm’s Sophie Cruz-Abrenica, Ma. Patricia Cruz, and Camille Mendoza explore different rules and regulations on the manufacture and distribution of new and unregistered drugs in the Philippines, especially during a national health crisis, in the Lexology article “ Pharma 911: Drugs for emergency use in the Philippines .” Initially approved for treating influenza strains, the oral antiviral drug Favipiravir was developed in Japan and has now been approved for use against COVID-19 in China, Russia, India and United States. While Favipiravir is reported ...

Franchette M. Acosta, Senior Partner Pauline Marie R. Gairanod-Mañalac, Associate An abbreviated version of this Guidance Note has been published by OneTrust DataGuidance, a global privacy intelligence and research platform which monitors regulatory developments in data privacy. You may access said version of the Guidance Note here . GOVERNING TEXTS Legislation The Philippines’ Data Privacy Act of 2012 “DPA” does not specifically regulate cookies. However, in National Priva...

Due to the deluge of foreign labeled products for use in the war against COVID-19 such as surgical masks, face shields, hand sanitizers and disinfectants, the Food and Drug Authority of the Philippines “FDA” has recently issued warnings against improperly branded or mislabeled products. Compliance with compulsory labeling and fair packaging rules and regulations promulgated by government agencies such as the Department of Trade and Industry “DTI” and the Food and Drug Authority “FDA” is necessary so that consumers are given accurate information reg...

On August 3, 2020, the Bureau of Internal Revenue issued Revenue Regulations “RR” No. 20-2020 amending RR No. 06-2013, clarifying the definition of the “fair market value” of shares of stock not listed and traded in the local stock exchange in relation to the computation of capital gains tax in the sale, barter or exchange of such shares of stock. The article Ease of Valuation of Unlisted Shares, A Win For Taxpayers and Investor s , written by the Firm’s Sylvette Y. Tankiang and Mandy Therese M. Anderson, briefly discusses the changes brought...

The Philippines faced a shortage of medical goods and supplies necessary to respond to the COVID-19 pandemic especially at the start of its outbreak. Export declines, due to restrictions imposed by other countries or incidental to other causes such as logistics problems due to occurrence of the pandemic, decreased production, or local utilization of goods essential in in the export of pharmaceutical and medical products, has affected the importation and local manufacture of pharmaceutical and medical products in the Philippines. In addition to the shortages in the supply of pharmaceutical...

Genomics, the study of genetic material and their functions, is currently being deployed in the battle against the COVID-19 virus. Genomic data of the virus and those of affected individuals help guide medical and public health interventions and ensure the effectiveness of treatments and policies. The Firm’s Ma. Sophia Editha C. Cruz-Abrenica and Patricia Cruz examine the history of genomics, its utilization to combat the spread of the COVID-19 virus, and the patentability of COVID-19 genomics in the Philippine setting. ...

The novel COVID-19 virus pandemic, aside from severely impacting the health system, is taking a huge toll on the economy. In the Philippines, several establishments have closed due to severe losses. Apart from closure, a cost-efficient option exists in the form of an out-of-court or informal restructuring/workout agreement or rehabilitation plan. Let the Firm guide you through the process in this Article written by Joseph Anthony P. Lopez and Karla Regina D. Valera-Chua : https://www.lexology.com/library/detail.aspx?g=398cc847-7809-4139-9b4b-c7350b4397e6 This A...

In the advent of the current COVID-19 pandemic and the increasing mortality rates around the world, particularly in the Philippines, we are again and more than ever confronted to deal with the task of ensuring that our family and loved-ones are well-protected in the event of our untimely demise and to ensure that our heirs’ burden of paying the estate taxes are, at least, minimized. The article The Unspoken Cost of Dying: A Summary of Philippine Taxes After Life , written by the Firm’s Kristin Charisse C. Siao , Mandy Therese M. Anderson and Raymon...

The Philippine Competition Act was enacted, among others, to promote free and fair competition in the Philippines and prohibit anti-competitive conduct with the aim of protecting consumer welfare and advancing economic development. For this purpose, the Philippine Competition Commission “PCC” was vested with the authority to review proposed mergers and acquisitions which have direct,substantial, and reasonably foreseeable effects in the Philippines. The PCC implements a mandatory notification regime which requires the notification of a proposed merger or acquisition that breac...

The months-long battle against COVID-19 has sparked ingenuity in all sectors, as humanity scramble for solutions not only for combatting the virus but also for coping with the new normal. With the amount of capital required to produce and market an invention, government aid is at times crucial and necessary. In this article, the Firm’s Sophie Cruz-Abrenica and Jan De Luis explore various incentive schemes for intellectual property owners in the Philippines for the guidance of this challenging era’s “problem solvers". Access the article here: ...

The DICT has issued the long-awaited common tower policy to both regulate and promote common towers in the Philippines. The issuance, formally titled Department Circular No. 008 or the “Policy Guidelines on the Co-Location and Sharing of Passive Telecommunications Tower Infrastructure for Macro Sell Sites”, include guidelines on the registration, maintenance, and other requirements for interested Independent Tower Companies and Mobile Network Operators. The Lexology article by Villaraza & Angangco’s Maria Concepcion P. Simundac and Mark Benjamin. C...

By: Ma.Sophia Editha Cruz-Abrenica and Glaiza Narvacan In an effort to warn against misinformation surrounding the coronavirus pandemic and pursuant to its mandate to protect and promote the right to health of the Filipino people, the Food and Drug Administration of the Philippines FDA released a number of issuances pertaining to COVID-19. A summary of the FDA circulars, advisories and press statement is provided below: Donated Health Products FDA Circular No. 2020-009 and its amendments [1] provides guidelines on the identification, notification...

The Firm’s Augusto San Pedro, Jr. and Rashel Ann C. Pomoy explore the legality and practicability of virtual hearings in both domestic arbitration and international arbitration seated in the Philippines, especially with the travel restrictions and social distancing measures imposed during the COvid-19 pandemic. The article can be accessed in the link below: https://www.lexology.com/ library/detail.aspx?g= aa2e4bb2-c157-46af-b98c- b73cc87f4d0d #arbitration #philippines #virtualhearings #remotehearings ...

Villaraza & Angangco is pleased to have contributed the Philippine Chapter of The Legal 500: Employment & Labour Law Comparative Guide. In this chapter, our lawyers, Alejandro Alfonso E. Navarro, Rashel Ann C. Pomoy, Paolo Miguel Consignado, and Efren II R. Resurreccion, provide their insights on the legal framework and key issues affecting termination of employment in the Philippines. The article may be accessed here: https://www.legal500.com/guides/chapter/philippines-employment-labour-law/ #TheFirmatForty #Labor #Employment #COVID19 #Termination #Dismissal #Philipp...

By: Ma.Sophia Editha Cruz-Abrenica and Glaiza Narvacan In a bid to strike a balance between saving lives and reviving the economy, a number of countries have begun to ease lockdown measures [1] . In the Philippines, for instance, many parts of the country have already been moved to a more relaxed form of community quarantine, allowing selected industries to resume operations and permitting limited movement of people [2] . But while the relaxation of restrictions has been much anticipated, many approach this new phase with worry [3] given the fact that we will be...

The article Roadmap to the New Normal: Reopening Workplaces in the Philippines During a Pandemic , written by the Firm’s Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy , and Deanna Carmelli L. Go , guides businesses in reopening the workplace, post enhanced community quarantine. The article discusses the Interim Guidelines issued by Department of Labor and Employment and the Department of Trade and Industry on the health and safety protocols for reopening the workplace, and identifies possible roadblocks to a smooth transition to the new normal. Read the article ...

By: Kristin Charisse Siao and Marie Kristine F. Reyes As the Philippines enters a new four-tiered quarantine classification and as the lockdown on specific industries eases inch by inch in Metro Manila, many Publicly Listed Companies “PLCs” are slowly reopening their doors back to normal operations after a two-month period of temporary setbacks. In this article, we recap the issuances of the Securities and Exchange Commission “SEC” in response to the challenges brought about by the COVID-19 pandemic on the compliance requirements of PLCs, in an effor...

By: Kristin Charisse C. Siao , Mely Ann Emerie A. Cristobal , and Raymond John S. Cheng The people in the Philippines are the heaviest internet users in the world. 1 At 10 hours and 2 minutes a day, Filipinos’ average daily internet use far exceeds the global daily average of 6 hours and 42 minutes. 2 It should thus come as no surprise that the country’s digital economy is currently valued at about US$3.2 billion 3 and is projected to grow to US$25 billion in 2025. 4 In the past few years, a growing number of consumers have preferred to...

By Kristin Charisse C. Siao , Ma. Carla P. Mapalo and Amber Shawn A. Gagajena The declaration of a State of Public Health Emergency throughout the Philippines and of different levels of community quarantine, including the Enhanced Community Quarantine “ECQ” over the entire Luzon and in certain parts of Visayas and Mindanao due to COVID-19, has severely affected the livelihood of many Filipinos and the operation of numerous businesses. Their capacity to comply with rental obligations has, thus, been significantly diminished. In this...

By: Ma.Sophia Editha Cruz-Abrenica and Renson Louise C. Yu The Covid-19 pandemic started to rear its head in the latter part of 2019, right before the close of the previous decade. Curiously and just in time, early in 2019, Republic Act No. 11332, otherwise known as the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” was enacted to replace the 90-year old 1 “Law on Reporting of Communicable Diseases” Act No. 3573 . Republic Act No. 11332 has the general objective of “protecting the pe...

By: Ma.Sophia Editha Cruz-Abrenica and Maria Patricia Cruz The COVID-19 Situation and the Search for a Vaccine The rapid and continued spread of COVID-19 1 has rendered imperative the development of a vaccine to combat the disease. Toward this end, various collaborative efforts, typically transcending national lines, have been launched. 2 As of May 8, 2020, at least 95 vaccines related to COVID-19 are being explored. 3 However, as with most vaccines, it would take some time before a COVID-19 vaccine is developed and approved because the r...

By: Bienvenido Somera, Jr. , Ma.Sophia Editha Cruz-Abrenica and Glaiza Narvacan Over the last few months, we have witnessed how the coronavirus pandemic brought global society to an indefinite pause, subjecting people from all walks of life to extraordinary, at times drastic, lifestyle changes. With vaccines still under development, the end of the pandemic, albeit eventual, is not yet in sight. But while its effects have been mostly bad and ugly, it cannot be denied that some good have resulted from the changes brought about by this international health crisis. Whether...

by Augusto A. San Pedro , Jr., Fritzzie Lyn F. Español and Ivan Viktor N. Mendez With rapid speed, the COVID-19 pandemic has upended the global economy to an unprecedented and unforeseen magnitude. The measures imposed to mitigate the widespread effect of COVID-19 has put the global economy to an abrupt halt. Based on the half-yearly forecasts of the International Monetary Fund, dramatic drop in activity caused by the global lockdowns is expected to result in a 3% contraction of the global economy, resulting in a potential slump unparalleled since the Great Depre...

By: Thea T. Daep , Raquel Wealth A. Taguian , Monica Leonila B. Siron In the Philippines, as in most jurisdictions, the policy of the government is that procurement of goods, infrastructure projects, and consulting services shall be competitive and transparent and hence, shall undergo competitive public bidding, save for certain situations where alternative modes of procurement are allowed under the law. ¹ This policy is embodied in Republic Act No. “RA” 9184, or the “Government Procurement Reform Act,” which took effect o...

As the lifting of the Enhanced Community Quarantine “ECQ” draws near, the Department of Trade and Industry “DTI” and the Department of Labor and Employment “DOLE” teamed up to release their Guidelines on Workplace Prevention and Control of COVID-19. Check out V&A Law's Infographics on the key features of the Guidelines to build your own playbook to reopening the workplace. ...

By: Ma.Sophia Editha Cruz-Abrenica and Jan Eidrienne De Luis The year 2020 has been off to a rough start for the Philippines. With the eruption of the Taal Volcano in January and the COVID-19 pandemic reaching Philippine shores shortly afterwards, the demand for N95 masks seemed to have reached an all-time high. The increased demand for these particulate respirators resulted in a shortage of supply and a surge in prices up to a level where government price regulation had to be in place. Since January 31, 2020 a price freeze has been imposed by the Departm...

by Ma. Sophia Editha Cruz-Abrenica and Glaiza Narvacan In its recent issuance, the Food and Drug Administration of the Philippines “FDA” reports that the agency has approved sixteen 16 COVID-19 Rapid Antibody test kits for commercial use as of 16 April 2020. The FDA stated in its Advisory No. 2020-671 “Advisory” that these test kits, which detect the presence of antibodies against the novel coronavirus in an individual’s blood or serum, have technical specifications and validation techniques that are unique from each other a...

by Ma. Sophia Editha C. Cruz- Abrenica and Renson Louise C. Yu In National Privacy Commission “NPC” Public Health Emergency “PHE” Bulletin No. 11, the NPC and the Department of Health “DOH” reiterated the importance of the accurate disclosure of COVID-19 patients’ personal data in the fight against the pandemic. They stated that not only will this help in contact tracing and the management of the disease, but it will also allow front liners to adopt the necessary measures to protect themselves. However, in order f...

by Alejandro Alfonso E. Navarro , Rashel Ann C. Pomoy and Paolo Miguel Consignado The COVID-19 pandemic is causing a shift in paradigm in how work is done in the Philippines. Whereas before long hours of stay in the office was the norm, the imposition of the Enhanced Community Quarantine “ECQ” forced employers of non-essential industries to recognize that work can be done even outside the office premises, such as through Work-From-Home “WFH” arrangements. These WFH arrangements have been widely embraced and are expected to linger even after the...

Villaraza and Angangco is featured in the LexisNexis Dispute Resolution Law Guide 2020. Through this feature, the Firm's Alejandro Navarro , Augusto S. San Pedro , Thea Daep-Laurena and Joseph Anthony Lopez provide answers to crucial questions in the field of Dispute Resolution. Please click here for the full article. This article is intended for informational purposes only and should not be construed as legal advice. ...

By: Ma. Sophia Editha C. Cruz-Abrenica and Maria Patricia P. Cruz The coronavirus disease 2019 COVID-19 is a highly infectious disease caused by a new strain of coronavirus the source of which has yet to be elucidated. The first case of COVID19 was recorded in Wuhan, China in December 2019. As of April 24, 2020, the World Health Organization confirmed 2,591,015 cases of COVID-19 worldwide, including 178,686 deaths.1 Of these, the Philippines reported 7,192 confirmed cases, including 477 deaths, 762 recoveries, and 5,953 hospital admissions.2 Governmen...

By Villaraza & Angangco Despite being the lifeblood of the government, the Bureau of Internal Revenue “BIR” further extended the deadlines to file returns or documents and/or to pay the corresponding taxes required under Tax Code pursuant to the extension of the quarantine period throughout the Philippines until 15 May 2020. Please find below the extended deadlines for your reference: Particulars BIR Form Name of Form ...

As the Philippines reels from the effects of the COVID-19 pandemic, with no clear end in sight for the “new normal” of prolonged community quarantines, employers are faced with difficult decisions which may have adverse effects on their workforce. Through the article Navigating the Delicate Balance of Employee Rights and Employer Prerogatives on Temporary and Permanent Closures and Lay-Offs Under Philippine Law, written by the Firm’s Alejandro Alfonso E. Navarro, Rashel Ann C. Pomoy, and Efren II R. Resurreccion, the Firm’s COVID-19 legal response team...

by Karla Regina D. Valera-Chua and Joseph Anthony P. Lopez On 8 March 2020, in response to the spread of the novel COVID-19 virus in the Philippines, the President of the Philippines declared a State of Public Health Emergency throughout the Philippines. Several days later, on 16 March 2020, the President declared a State of Calamity and imposed an Enhanced Community Quarantine for one month throughout Luzon, the largest island in the country which houses Manila, the heart of the economy. This was then extended for two 2 weeks. Subsequently, Republic Act No. 11469, other...

by Joseph Anthony P. Lopez , Ruth Nichole C. Ureta and Rashel Ann C Pomoy The Covid-19 pandemic has affected more than 2 million people and killed over 150,000 worldwide as of the time of this writing, according to the World Health Organization. As the world shifted during the last months, businesses are scrambling to mitigate losses and return to normalcy. Understandably, businesses tend to focus on keeping their workers physically healthy to become productive at work, including supporting social distancing with the technology needed to work from home, to new hygiene st...

by E laine A. Atienza , Noel Kris E. Illescas , Joseph Anthony P. Lopez and Dianne Marie V. Roa-Oarde On 28 March 2020, a person under investigation for COVID-19 passed away after having spent eleven 11 hours in a tent outside one of the major hospitals in the Philippines waiting for admission. Under normal circumstances, this may have easily led to a medical malpractice suit against the attending physician s , if any, and the hospital itself. However, the conditions in the hospital that day were far from normal. In a statement to the media, the hospital&rsquo...

by Juan Paolo Miguel B. Leido and Joseph Anthony P. Lopez Since the outbreak of COVID-19, social distancing or physical distancing has been a key measure encouraged and implemented by public health officials around the world to limit the spread of the virus. It is, quite simply, the deliberate increasing of physical space between people to avoid spreading illness. The most recent medical advisories have described it as a set of measures that prescribes maintaining at least two 2 meters from other people, and generally avoiding crowded places and mass gatherings. ...

by J oseph Anthony P. Lopez , Fritzzie Lyn F. Español , Dianne Marie V. Roa-Oarde and Via Monica C. Valdepenas Following the imposition of Enhanced Community Quarantine ECQ in Luzon, the largest island housing its capital, Metro Manila, the Philippine government enacted Republic Act No. 11469, otherwise known as the Bayanihan to Heal As One Act, declaring a state of national emergency and granting the President special powers to mitigate local transmission of Coronavirus Disease 2019 COVID-19 . Among its salient features is the authority granted to the President ...

by Kristin Charisse C. Siao and Maria Patricia P. Cruz Telemedicine Defined In its Statement on the Ethics of Telemedicine, the World Medical Association defined telemedicine as “the practice of medicine over a distance, in which interventions, diagnoses, therapeutic decisions, and subsequent treatment recommendations are based on patient data, documents and other information transmitted through telecommunication systems.” Simply, telemedicine is the use of telecommunications technology to remotely provide health or medical care. Medical advice thro...

by Ma. Sophia Editha Cruz-Abrenica and Glaiza Narvacan The Philippine Intellectual Property Code “IP Code” is clear in its intention to encourage technology transfer and prevent or control practices and conditions that may amount to an abuse of intellectual property rights, which will in turn have adverse effects on competition and trade Sec. 85, IP Code . In this regard, the IP Code devotes a whole chapter on voluntary licensing, particularly Sections 85-92, which provide requirements that technological transfer arrangements should conform to. For further g...

by Alejandro Alfonso E. Navarro , Rashel Ann Pomoy , and Efren II Resurreccion On the evening of 16 March 2020, the President of the Philippines declared that an enhanced community quarantine “ECQ” was to be imposed on the island of Luzon. Effective from 12:00 a.m. of 17 March 2020 to 12:00 a.m. of 1 May 2020, the ECQ is a key government measure for addressing the global COVID-19 pandemic. Under the ECQ, only private establishments providing basic necessities and such activities related to food and medicine production, operating on a strict skeleta...

by Augusto A. San Pedro, Jr. and Dianne Marie V. Roa-Oarde Beginning at midnight of 17 March 2020, the entirety of Luzon including Metro Manila has been placed on an Enhanced Community Quarantine that is presently set to be lifted only at the end of this month unless otherwise extended. All mass public transport services and domestic flights have been suspended. Strict movement limitations have been imposed on consumer households. Private establishments or businesses, except hospitals, pharmacies, banks and those involved in providing basic necessities and activities relat...

On 21 April 2020, the British Chamber of Commerce - Philippines “BCCP” in partnership with Villaraza & Angangco the “Firm” hosted the Webinar: Distancing From Confusion in Labor Compliance: A Comprehensive Guide for Employers. Addressing a video room of over seventy 70 attendees composed of high level executives, legal staff and human resources managers from all over the Philippines, the Webinar featured a comprehensive study and review of the rapidly evolving regulations, advisories and proclamations of the different government agencies rega...

In National Privacy Commission “NPC” Public Health Emergency “PHE” Bulletin No. 8, the NPC advised personal information controllers developing COVID-19-related apps, digital tools and solutions to ensure, even from the design stage, that their product’s design, functionalities, personal data collection and extent of processing must never deviate from the purpose of using collected information to defeat the COVID-19 pandemic. Once said purpose is achieved, the personal data processing must stop, while the collected and generated personal data must be dispos...

For the second year running, Villaraza & Angangco prepared the chapter of the Philippines in the 11th Edition of the Employment Law Review published by editor Erika C. Collins on April 2020. The firm joined an expert panel of esteemed lawyers from forty-four 44 different countries to provide global readers with insights on the rapidly eveolving regulations affecting labor and employment law. The Philippine chapter was authored by the Firm’s Managing Partner, Atty. Alejandro Alfonso E. Navarro, senior Associate, Atty. Rashel Ann C. Pomoy, and Junior A...

The Department of Trade and Industry DTI issued guidelines to facilitate the enhanced operations of Business Process Outsourcing “BPO” companies, export enterprises, and their support service providers “Covered Enterprises” following the Philippine Government’s directive to extend the Enhanced Community Quarantine “ECQ” to 30 April 2020. Under DTI Memorandum Circular No. 20-14, series of 2020, “DTI MC 20-14” , BPO companies and their support service providers are allowed to perform the following activities throug...

The Bureau of Internal Revenue “BIR” further extends the deadline to file and pay various tax returns following the Philippine Government’s directive to extend the Luzon-wide Enhanced Community Quarantine “ECQ” until 30 April 2020. Revenue Regulations No. 10-2020 “RR No. 10-2020” amends Revenue Regulations No. 7-2020 “RR No. 7-2020” and moves the deadline of over forty 40 transactions and documents due to the BIR for the months of March and April. The various tax returns include the following: VAT payment and re...

On 7 April 2020, the European Chamber of Commerce of the Philippines “ECCP” in partnership with Villaraza & Angangco the “Firm” hosted the Webinar: Deep Dive: Navigating Labor Law Issues under the Enhanced Community Quarantine. Designed to help navigate the rapidly evolving regulations, advisories and proclamations of the Department of Labor and Employment, the Webinar was delivered to a video room of over ninety 90 attendees composed of high level executives, legal staff and human resources managers from all over the Philippines. ...

The Bureau of Immigration “BI” shall operate with skeletal workforce to service outbound passengers departing the Philippine territory during the Enhanced Community Quarantine “ECQ” . Under the BI Advisory dated 19 March 2020, aliens whose visas shall expire during the implementation of the ECQ may file an extension within thirty 30 days from lifting of the ECQ. Except for outbound passengers intending to depart the Philippines, the following transactions shall be temporarily suspended at BI offices located in Luzon: 1. Filing of applications for...

The Department of Labor and Employment “DOLE” has suspended the processing of Alien Employment Permits “AEP” until further notice. Under Advisory No. 20-04 dated 23 March 2020, the DOLE will not impose penalties or administrative fines on all soon to expire AEPs or AEPs that expired during the suspension period, and the filing of said AEP applications will be treated as renewals. Further, all new AEP applications of foreign nationals whose employment contracts are effective during the suspension period or the fifteen 15 days grace period already ...

Under Memorandum Circular No. 6, Series of 2020, dated 12 March 2020 “MC No. 6-20” issued by the Securities and Exchange Commission “SEC” , the SEC prescribed the guidelines on attendance and participation in board and stockholders/members’ meetings through remote communication. For board meetings of directors or trustees, directors or trustees can participate and vote through remote communication e.g., videoconferencing, teleconferencing, or other alternative modes of communication allowing them reasonable opportunities to participate ,[1] b...

To try to give corporations a reprieve during the COVID-19 outbreak and consequent community quarantine measures imposed by the government, the Securities and Exchange Commission “SEC” issued Memorandum Circular No. 9, Series of 2020 on 18 March 2020 the “Memorandum” providing for the guidelines for submission of the General Information Sheet “GIS” for the annual stockholders’ meeting for stock corporations or annual members meeting for non-stock corporations to elect its directors, trustees or officers scheduled to be held between 01 March 2...

The Bureau of Internal Revenue released yesterday Revenue Memorandum Circular No. 29-2020 "RMC" extending the deadline for the filing of various returns and payment of taxes. Among the most notable extensions for filing and payment are the following: 1. Filing and Payment of Quarterly income Tax Return for Corporations, Partnerships and other non-Individual Taxpayers for fiscal quarter ending 31 January 2020 – extended to 30 April 2020 2. Filing of Annual Information Return of Income Taxes Withheld on Compensati...

On 4 March 2020, the Department of Labor and Employment “DOLE” issued Labor Advisory No. 09, Series 2020, which provides the Guidelines on the Implementation of Flexible Work Arrangements as Remedial Measure Due to the Ongoing Outbreak of Coronavirus Disease 2019 COVID-19 “Guidelines” in order to assist and guide employers and employees in the implementation of the various work arrangements as alternative coping mechanism and remedial measures. Under the Guidelines, the following flexible work arrangements or schedules may be considered, among ot...

The Firm is pleased to have contributed to the 2020 edition of the Chambers Global Practice Guide on Patent Litigation. The Philippine chapter, which provides guidance on important topics on patent law and practice, such as rights and granting procedure, remedies, alternative dispute resolution, assignment and licensing was authored by V&A lawyers Bienvenido I. Somera, Jr., Ma. Sophia Editha C. Cruz-Abrenica, Mark Leo P. Bejemino and Glaiza F. Narvacan. All twenty-two 22 chapters of the Global Practice Guide representing various jurisdictions worldwide, are available f...

A Look into the Salient Provisions of Republic Act No. 11313 and its IRR By Winona Maraiah M. Fajardo, Associate, Villaraza & Angangco In a move to address modern ways of committing gender-based sexual harassment “GBSH” and other acts of sexual abuse not covered under the Anti-Sexual Harassment Act of 1995 “Anti-Sexual Harassment Act” , Republic Act No. 11313, otherwise known as the “Safe Spaces Act” or more commonly known as the “Bawal Bastos Law,” took effect on 03 August 2019, while its implementing...

On 3 February 2020, the Department of Labor and Employment “DOLE” issued Labor Advisory No. 6, Series of 2020, which provides the Guidelines on the Payment of Final Pay and Issuance of Certificate of Employment issued by the Department of Labor and Employment “DOLE” . Under DOLE Labor Advisory No. 06, Series of 2020, the DOLE now requires that final pay of an employee be released within thirty 30 days from the date of separation or termination of employment, unless there is a more favorable company policy, individual, or collective agreement there...

The Department of Labor and Employment “DOLE” released Labor Advisory No. 04 series of 2020 entitled Guidelines on 2019 Novel Coronavirus 2019-nCoV Prevention and Control at the Workplace , which outlines specific measures that employers must undertake to prevent and control the possible spread of the 2019-nCoV. The key features of Labor Advisory No. 04 are as follows: I. Coverage Labor Advisory No. 04 is applicable to all employers and workers in the private sector. II. Workplace Health...

By: Maria Concepcion P. Simundac and Winona Maraiah M. Fajardo In November 2018, the Securities and Exchange Commission SEC issued a memorandum revising the General Information Sheet GIS form, requiring the submission of beneficial ownership information in the annual GIS. The SEC sought to implement the Anti-Money Laundering Act AMLA and the Terrorist Financing Prevention and Suppression Act TFPSA through the new measure. However, implementation of the amended form was deferred. Last July 26, 2019, the SEC issued Memorandum Circular No. 15, Series of 2019 am...

MANILA, Philippines, Sept. 23, 2019 /PRNewswire/ -- Informa Markets and UBM Exhibitions Philippines Inc. have officially launched PhilEnergy: Towards Energy Security and Sustainable Development on September 11, 2019 at the Jakarta International Expo in Jakarta, Indonesia. Source: https://finance.yahoo.com/news/inauguration-philenergy-held-jakarta-indonesia-020000745.html ...

By: Villaraza & Angangco Partner Maria Concepcion P. Simundac and Associate Marie Kristine F. Reyes The Hague Convention of 5 October 1961 Abolishing the Requirements of Legalisation for Foreign Public Documents , or commonly known as the Apostille Convention entered into force in the Philippines on 14 May 2019. Previously, the Philippines acceded to the Convention on 12 December 2018. As of 14 May 2019, the Philippines became an Apostille-contracting country, joining 116 other countries and paving the way for the greater simplification of the process of authentication ...

By: Villaraza & Angangco Partner Maria Concepcion P. Simundac and Associate Marie Kristine F. Reyes Salient Points in The Implementing Rules and Regulations of Republic Act No. 11032 otherwise known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018 The Implementing Rules and Regulations “IRR” of Republic Act “R.A.” No. 11032 was issued on 17 July 2019 with the aim of simplifying requirements and procedures that will reduce red-tape and expedite business and nonbusiness related transactions in gov...

On 11 May 2018, the Bureau of Internal Revenue “BIR” issued Revenue Memorandum Circular “RMC” No. 050-2018 to address the frequently asked questions “FAQs” related to the income tax and withholding tax provisions of the TRAIN Law and its subsequent implementing revenue regulations. However, certain FAQs were included which were not actually part of the TRAIN Law nor its implementing revenue regulations. In view of the foregoing, the BIR deleted the queries on group health insurance premiums Q7/A7 and director’s fees Q34/A34 from RMC No. 0...

The Securities and Exchange Commission SEC now requires disclosure of beneficial owners of shares of stock in Philippine corporations. Corporate shareholdings have always been disclosed through the annual General Information Sheet, but prior to the issuance of SEC Memorandum Circular No. 17 dated November 27, 2018, disclosure of shareholders with legal title over the shares of stock was sufficient. This new Circular is intended to further tighten anti-money laundering regulations and prevent the use of corporate structures for money laundering and terrorist financing. Significantly, t...

By: Maria Concepcion P. Simundac and Mandy Therese M. Anderson On 29 October 2018, President Rodrigo R. Duterte, through Executive Secretary Salvador C. Medialdea, signed Executive Order No. 65, Series of 2018 promulgating the Eleventh Regular Foreign Investment Negative List 11th FINL . The 11th FINL takes effect fifteen 15 days from its publication in the Manila Bulletin on 30 October 2018, or on 14 November 2018. It has been three 3 years since the issuance of the Tenth Regular Foreign Investment Negative List 10th FINL by then President Benigno S. Aquino I...

Villaraza & Angangco’s Senior Partner Franchette M. Acosta and Senior Associate Paul B. Imperial contribute to the The World Banks’ publication Procuring Infrastructure PPPs 2018 Assessing Government Capability to Prepare, Procure, and Manage PPPs . The report is available online at http://bpp.worldbank.org/ and athttps://pppknowledgelab.org/. The following hyperlinks may be used to directly download the PIP3 2018 Executive Summary and PIP3 2018 Full Report. Highlights of the report may also be read in the following blog: http://blogs.worldbank.org/ppps/why-we-need...

The Department of Finance, through Department Order No. 011-2018, removed the Bureau of Internal Revenue Import Clearance Certificate and Brokers Clearance Certificate BIR-ICC/BCC requirement for importer and customs broker accreditation. The authority to accredit and register importers and customs brokers is reverted solely to the Bureau of Customs BOC to simplify the accreditation process. The BIR is no longer accepting applications for the BIR-ICC/BCC and the BOC has already published the new requirements for accreditation of importers and customs brokers on its official ...

The Insurance Commission IC has issued Circular Letter CL No. 2018-14 which provides the guidelines for handling complaints filed against Health Maintenance Organizations HMOs . The guidelines provide that: 1. All complaints filed against an HMO received by the IC, including its district offices, shall be: a. Endorsed to the Association of Health Maintenance Organizations of the Philippines' AHMOPI grievance machinery involving their members; or b. Endorsed to the Philippine Association of Health Maintenance Organization Companies, Inc...

The Insurance Commission IC is now requiring the submission of the particulars of reinsurance treaties. All authorized insurance companies doing business in the Philippines are mandated to submit to the IC a duly accomplished Particulars of Reinsurance Treaty form within three 3 months from the effectivity of any new treaty or changes in the existing treaty. The form for the Particulars of Reinsurance Treaty is provided in Circular Letter No. 2018-13. The full text of CL No. 2018-13, including the Particulars of Reinsurance Treaty form, is available here . ...

The Insurance Commission IC issued Circular Letter CL No. 2018-12 which provides the rules governing the infusion of real property to cover net worth deficiencies and capital impairment of insurance companies. Under CL No. 2018-12, whenever the paid-up capital or net worth of an insurance company doing business in the Philippines is found to be less than the amount required under the Insurance Code, and before said company shall exercise its option to cover its deficiency/ies in the form of non-cash contributions, said company's president must first certify under oath that all effo...

On January 25, 2018, the Insurance Commission IC issued Circular Letter CL No. 2018-11 which provides the following rules in relation to licensing requirements during the pendency of a merger or consolidation of insurance companies: a. From the notification of the intent to merge or consolidate until such time that the existing Certificates of Authority of the concerned domestic insurance companies are surrendered pursuant to Section 13 of CL No. 2015-11 dated 18 March 2015, the concerned companies shall maintain their respective Certificates of Authority in order to be a...

The Bureau of Internal Revenue has issued Revenue Memorandum Circular No. 19-2018 which mandates that Revenue District Officers RDO are not authorized to consider the prior mortgage value of a property as basis for computation of Capital Gains Tax CGT and Documentary Stamp Tax DST in sales transactions, especially when such mortgage values are higher than the present zonal or fair market value. RDOs are required to follow the provisions of law and use either the selling price, zonal value, or fair market value as shown in the schedule of values of the Provincial or City Assessor, whi...

RHTLaw TaylorWessing Vietnam, a member of the ASEAN Plus Group, recently released a compilation of legal updates on commercial and tax laws in Vietnam, a rapidly growing market in the ASEAN region. A copy of the compilation is available here . ...

On 08 January 2018, the Department of Information and Communication Technology DICT issued its “Policy Guidelines for the Entry of a New Major Player in the Public Telecommunications Market”, pursuant to President Rodrigo R. Duterte’s order that a new major player in the telecommunications industry should be able to enter the market at the end of the 1st quarter of 2018. Memorandum Order No. 001 Series of 2008 has been issued by the DICT in order to address the need to improve telecommunication services all over the country given that there are currently o...

By: Franchette M. Acosta, Senior Partner, Villaraza & Angangco E: fm.acosta@thefirmva.com l http://www.thefirmva.com The Philippine Competition Commission published its Rules on Merger Procedure on 23 November 2017. These Rules will take effect 15 days after publication. Significantly, the Rules revise the prescribed timing for filing the required transaction notice under the Philippine Competition Act. Under the law, mergers, acquisitions and joint ventures satisfying transaction thresholds must be notified prior to consummation. Relevant thresholds include ...

GPPB Circular No. 04-2016 Published on 20 October 2017 GPPB Circular No. 04-2016 e xplains negotiated procurement under the Emergency Cases modality which may be resorted to in the following instances: 1. In case of imminent danger to life or property during a state of calamity; 2. When time is of the essence arising from natural or man-made calamities; or 3. Other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public u...

The Bureau of Inter Revenue BIR recently issued Revenue Memorandum Circular No. 90-2017 which formally requires the donee s in donor’s tax transactions, heir s in estate tax transactions, and buyer s in sales of shares of stock to obtain a Tax Identification Number TIN prior to their application for an Electronic Certificate Authorizing Registration eCAR . The TIN requirement is a mandatory field in the eCAR System. Thus, taxpayers may no longer contest the BIR in requiring a TIN for these transactions for the reason that the same is not listed as a requirement....

In Perception Gaming, Inc. v. Commissioner of Internal Revenue CTA EB Nos. 1315 and 1356, 7 July 2017 , the Court of Tax Appeals En Banc held that Perception Gaming, Inc.’s PGI lease of gaming machines and rendition of related technical services to the Philippine Amusement and Gaming Corporation PAGCOR and to PAGCOR-Authorized Bingo Operators are effectively subject to zero percent 0% value-added tax VAT . The Court cited Section 13 2 of the PAGCOR Charter which provides that three 3 entities shall enjoy exemption from taxes: 1 PAGCOR; 2 corporations w...

The Department of Labor and Employment DOLE issued Department Order DO No. 170, Series of 2017, promulgating the Implementing Rules and Regulations IRR of Republic Act RA No. 10911, otherwise known as the “Anti-Age Discrimination in Employment Act”. The law seeks to promote equality in the workplace by mandating companies to hire workers based on their competence, and not on their age. The IRR apply to all employers, publishers, labor contractors or subcontractors, and labor organizations, whether or not registered. Unlawful Acts A. It sh...

By: Franchette M. Acosta, Senior Partner, Villaraza & Angangco E: fm.acosta@thefirmva.com l http://www.thefirmva.com The Duterte Administration is poised to fund its aggressive infrastructure program internally and through official development assistance. In reaction to the shift in paradigm, the PPP Center has announced an intention to refocus public-private partnership on projects of local government units LGUs . Considering the broad powers of LGUs to promote the general welfare of its constituents, PPP at the local level has much potentia...

Republic Act No. 10927 expanded the coverage of the Anti-Money Laundering Act of 2001 AMLA to include land, ship and internet-based casinos with respect to their casino cash transactions that are related to gaming operations. Casino cash transactions are transactions which involve the payment of cash by casinos to their customers or to any person acting on behalf of a customer and the receipt of cash by casinos paid by or on behalf of a customer. The AMLA now covers single casino cash transactions amounting to more than Five Million Pesos P5,000,000.00 or its equivalent i...

With a view of enhancing the capital build up program of insurance companies and to provide a new investment option for non-life insurance companies, the Insurance Commission IC allows non-life insurance companies to invest in real properties. IC Circular Letter No. 2017-43 provides the guidelines for non-life insurance companies which will invest in income-producing real properties, other than those utilized as their main place of business or offices. Only non-life insurance companies with a minimum net worth of Five Hundred Fifty Million Pesos PhP550,000,0...

On 11 September 2017, the Philippine Competition Commission PCC , through Commission Resolution No. 20-2017, approved and adopted its 2017 Rules of Procedure. The rules apply to investigations, hearings and proceedings of the PCC, except to matters involving mergers and acquisitions, unless otherwise provided in the issuances and guidelines governing the same. The rules took effect on 30 September 2017. The copy of the rules can be downloaded at the PCC website, www.phcc.gov.ph . ...

Automated Decision-Making Operations, Institutions Likely to Pose Threats to Data Subjects and Phase 1 and Phase 2 of Registration with the NPC By Franchette M. Acosta, Senior Partner, Villaraza & Angangco Email: fm.acosta@thefirmva.com On 31 July 2017 the National Privacy Commission NPC issued a Circular to further clarify the implementing rules and regulations of the Data Privacy Act. The Circular will take effect upon full compliance with publication requirements. Under the Data Privacy Act and its rules, all Personal Information C...

SECTION 1: Market outlook 1.1 How would you summarise your jurisdiction’s attitude towards the influence of Japanese corporate culture in its industries? Over the years, the Philippines has proven to Japan its ability to be an effective platform for opportunities in trade and investments for Japanese companies. Japan has been the Philippines’ most generous donor of official development assistance for the past 23 years. Because of this symbiotic relationship, Japanese corporate culture is not only seen as desirable but is also perceived as vital to ...

In the recently decided Court of Tax Appeals CTA case of Conal Holdings Corporation vs. Commissioner of Internal Revenue CTA Case No. 9099, 17 July 2017 , Conal Holdings Corporation Conal filed a Petition for Review praying for the cancellation and withdrawal of the Bureau of Internal Revenue’s BIR deficiency assessment in the aggregate amount of Php291,875,839.72, which arose from Conal’s alleged failure to withhold taxes on the purchase of two 2 diesel power plants and machineries from the City Government of Iligan. The BIR based its assessment on Sect...

On 13 June 2017, the Department of Labor and Employment DOLE issued Department Circular DC No. 01 to clarify the applicability of Department Order DO No. 174, series of 2017 which regulates contracting and subcontracting agreements. The DOLE clarified that DO No. 174 only applies to trilateral relationships between the principal, subcontractor, and the employee which characterize contracting or subcontracting arrangements. DO No. 174 does not cover information technology-enabled services involving an entire or specific business process such as Business Process Outsourci...

FRAMEWORK OF PHILIPPINE COMPETITION POLICY Prior to the passage of the Philippine Competition Act, regulation of monopolistic or anti-competitive acts was not centralized. With the recent passage of the Philippine Competition Act, a more level playing field for business can be expected from a more comprehensive, centralized, and consistent approach against anti-competitive behavior. To achieve this, the Philippine Competition Act regulates or prohibits anti-competitive agreements, abuse of dominant position, and mergers and acquisitions that prevent or restrict com...

CLick Here for the Newsletter - Issue 3, Q2 2017 ...

The Department of Labor and Employment “DOLE” issued on 16 March 2017 the new Department Order “D.O.” No. 174, Series of 2017 which revisited the existing rules and regulations implementing Articles 106 to 109 of the Labor Code on contracting and subcontracting. D.O. No. 174 effectively supersedes D.O. No. 18-A which was issued in 2011. The regime under D.O. No. 174 provides stricter guidelines for contractors. Among the notable changes is the increase in the requirement of substantial capital of contractors from Three Million Pesos PhP 3,000,000...

The Securities and Exchange Commission “SEC” has issued SEC MC No. 4, Series of 2017 to provide the guidelines for the term limit of independent directors. The term limit of independent directors of registered issuers, public and mutual fund companies shall be as follows: A company’s independent directors shall serve for a maximum cumulative term of nine 9 years ; After which, the independent director shall be perpetually barred from re-election as such in the same company, but may continue to qualify as a non-independent director ; ...

The 5th Asia Pacific Real Estate Investment Summit Philippines was conducted at the Dusit Thani Hotel last 31 March 2017. With a theme “Unraveling the New Philippines: Heightened Optimism. Surging Investment”, the Summit featured speakers from several government agencies, including the SEC, DPWH and NEDA, as well as from several private business real estate groups. The speakers pointed out that that the current Philippine environment is ripe for the investment into Real Estate Investment Trusts “REIT” with numerous catalysts supporting the same. Howe...

The Bangko Sentral ng Pilipinas “BSP” issued Circular No. 944, Series of 2017 or the “Guidelines for Virtual Currency Exchanges” the “Circular” . Virtual currency “VC” refers to any type of digital unit that is used as a medium of exchange or a form of digitally stored value created by agreement within the community of VC users. The Circular reiterates that VCs are not issued nor guaranteed by any jurisdiction and do not have a legal tender status. The Circular covers exchanges in the Philippines, offering services or enga...

On 28 February 2017, President Rodrigo R. Duterte and Executive Secretary Salvador C. Medialdea signed Memorandum Order No. 12 approving the 2017 Investment Priorities Plan “IPP” . Under the 2017 IPP, preferred activities for investment are listed with particular focus on micro-, small-, and medium-scale enterprises “MSMEs” , manufacturing, agriculture and fisheries, and drug rehabilitation. Innovation-drive, health, and environment-conscious activities are also given priority. The 2017 IPP will consider as preferred activities the following investme...

The Supreme Court, in a recent case entitled “Jose M. Roy III vs. Securities and Exchange Commission, et al.” , docketed as G.R. No. 207246 and promulgated on 22 November 2016, upheld the validity of SEC Memorandum Circular No. 8 Series of 2013 “SEC MC No. 8-2013” , which prescribes the guidelines in determining compliance with the foreign equity restriction in nationalized activities. Under SEC MC No. 8-2013, the required percentage of Filipino ownership mandated by the 1987 Constitution shall be applied to both a the total number of the outstanding shares of ...

The Philippine Competition Commission “PCC” issued Memorandum Circular No. 16-003, dated 22 December 2016, prescribing the filing fees to be paid by the acquiring entity for notification and review of mergers or acquisition meeting the notification threshold under the Philippine Competition Act. For the first phase of the review, the filing fee of Two Hundred Fifty Thousand Pesos PhP250,000.00 shall be paid upon submission of the Notification Review. Upon the announcement by the PCC of its decision to proceed to a second phase review, the filing fee ...

On 27 July 2015, the Philippine Congress passed into law Republic Act No. 10870 or the “Philippine Credit Card Industry Regulation Law” which seeks to regulate the country’s credit card industry by placing credit card issuers and acquirers under the supervision of the Bangko Sentral ng Pilipnas “BSP” . The BSP is granted authority to issue rules of conduct and standards of operation of the credit card industry and to impose penalties in case of non-compliance therewith. The BSP is likewise granted the authority to determine the reasonableness of fees and cha...

On 8 December 2016 the Philippine Stock Exchange, Inc. issued the Supplemental Listing and Disclosure Riles Applicable to a PPP Company “PPP Listing and Disclosure Rules” as approved by the Securities and Exchange Commission. The PPP Listing and Disclosure rules allows for and provides the process for the application for listing under the Philippine Stock Exchange. This option is granted to corporations which were awarded a PPP contract or a special purpose company incorporated by the awarded corporation or awarded joint venture or consortium which shall assume and accede to ...

SEC Memorandum Circular No. 8, 28 June 2016 SEC Memorandum Circular No. 8 amended further ICA Rule 35-1 d 4 , as amended by SEC Memorandum Circular No. 12, series of 2013, providing exemption from the 5% liquidity requirement of mutual fund index trackers: “ ICA Rule 35-1 d 4 For liquidity purposes, unless otherwise prescribed by the Commission, at least five percent 5% of an open-end company fund shall be invested in liquid/semi-liquid assets such as: A Treasury notes or bills, Certificates of Indebtedness issued by the Bangko Sentral ng P...

AI in the Philippines: Latest Regulatory Developments and Challenges

IPOPHL Issues Revised Rules on Patent Cooperation Treaty

Real Property Valuation and Assessment Reform Act to Boost Local Fiscal Autonomy and Valuation Functions

Liability Of Foreign-Based Companies Hiring Philippine-based Workers Under Philippine Labour Laws

Insurance and Trusts as Tools for Private Wealth Planning

Investment Opportunities in the Philippines

IPOPHIL EXTENDS PATENT COOPERATION TREATY FILING ASSISTANCE PROGRAM

V&A Law's Ma. Sophia Editha Cruz-Abrenica interviewed by AsiaIP on Intellectual Property Strategy

Significant Changes and Transitory Provisions under the Republic Act No. 11966 or the New "Public-Private Partnership Code of the Philippines"

Ease of Paying Taxes Act

V&A Law Partner Richard Henrick Beltran and Associate Ma. Andrea Naguit discusses Philippine Internet Transactions Act in an article published by the In-House Community

V&A Law's Rashel Ann C. Pomoy contributed to the Philippine section of the first edition of International Employment Lawyer ("IEL")'s Guide to Restructuring a Cross-Border Workforce, edited by Peter Talibart and Kathryn Weaver at Seyfarth Shaw

Villaraza and Angangco Law ("V&A Law")'s Rashel Ann Pomoy contributed to the Philippine section of the second edition of International Employment Lawyer ("IEL")'s Guide to Workplace Investigations, edited by Slaughter and May

Digesting Ditiangkin: The Philippine Freelancing Industry and the Impacts of Philippine Supreme Court Ruling on Engaging Independent Contractors

Non-Compete Covenants in Philippine Employment Agreements - Current Views and Future Direction

PATENT EXAMINATION CLARITY GUIDELINES ISSUED BY IPOPHL By Ma. Sophia Editha C. Cruz-Abrenica

Message delivered: PEMEDES foreign ownership restriction removed By: Mandy Therese M. Anderson and Shaneena M. Kumar

V&A's Arbitration Practice Group authored the Philippines Chapter in the 2023 edition of The International Arbitration Review by TLR (The Law Reviews)

V&A Law's Ma. Sophia Editha Cruz-Abrenica co-authors article published in the IBP Journal entitled "CONNECTING LINKS: COVID-19 AND PHARMACEUTICAL AND MEDICAL INDUSTRY SUPPLY CHAINS"

IPOPHL ISSUES GUIDELINES ON EXAMINATION OF BIOTECHNOLOGICAL APPLICATIONS WITH A SECTION ON STEM CELLS

Philippine Chapter of The Legal 500: Litigation Comparative Guide

Key Changes Under the 2023 NEDA JV Guidelines (Part 3 of 3)

Key Changes Under the 2023 NEDA JV Guidelines (Part 2 of 3)

IPOPHL Establishes Temporary Guidelines on Payment of Filing Fees for Patent Applications

THE PHILIPPINE COMPETITION COMMISSION RELEASES THE NON-HORIZONTAL MERGER REVIEW GUIDELINES

Key Changes Under the 2023 NEDA JV Guidelines (Part 1 of 3)

The Securities and Exchange Commission Has Released the Implementing Rules and Regulations of the Financial Products and Services Consumer Protection Act of 2022

International Trademark Association (INTA) Annual Meeting 2023

Philippine Chapter of the International Comparative Legal Guides ("ICLG") 2023 - Trademarks

V&A Law speaks on Philippine labor laws and workers' rights for ECCP webinar

REGULATION OF ARTIFICIAL INTELLIGENCE IN THE PHILIPPINES

V&A Law contributes to the Chambers Asia-Pacific Legal Guide for 2023

The Legal 500's Employment & Labour Law Comparative Guide

The Legal 500 TMT Comparative Guide for 2023

The National Privacy Commission Amends its Guidelines on Processing of Personal Data for Loan-Related Transactions

National Economic and Development Authority Issues the Implementing Rules and Regulations of the Act that Amends the Public Service Act

Tightening up of Beneficial Ownership Disclosure Requirements

Implementing Extended Producer Responsibility and its Implications on Corporations in the Philippines

Bangko Sentral ng Pilipinas Issues New Guidelines for Electronic Money Issuers

Villaraza & Angangco the sole contributing firm to the Philippine Chapter of the Technology, Media and Telecommunications ("TMT") 2023 Guide of Chambers and Partners Chambers Global Practice Guides

Is the Philippines ready for investments from Europe?

At status quo: How welcome are foreign contractors in the Philippine construction industry?

Impact of Lifting Foreign Restrictions in the Renewable Energy Sector on Energy Efficiency Projects in the Philippines

Government's Estate Tax Amnesty Program Ends on 14 June 2023

''V&A Law's Rashel Ann Pomoy contributes to Philippine section of IEL's Guide to Workplace Investigations

Compulsory Notification Thresholds for Mergers and Acquisitions

The Department of Energy Lifts Foreign Restrictions in the Philippine Renewable Energy Sector

The Legal 500 Merger Control Comparative Guide for 2022

The Legal 500 TMT Comparative Guide for 2022

Update on hybrid work-from-home scheme for PEZA-registered business enterprises

The Legal 500 (Legalease) Employment & Labor Law Country Comparative Guide for 2022

How to avoid pitfalls of worker misclassification

Chambers and Partners Philippine Chapter: An Introduction to Corporate/ M&A

Chambers and Partners Philippine Chapter: An Introduction to Employment Law

Republic Act ("RA") 11595 amending the Retail Trade Liberalization Act of 2000 ("RTLA")

V&A Law Publication received the most reads on the International Law Office in 2021 for Employment and Immigration

M&A in the Philippines: Trends, Challenges, and Opportunities

A Comparison of Renewable Energy Regulations

OneTrust DataGuidance: Cookies & Similar Technologies Philippine Chapter

The Lexology Getting The Deal Through Guide

Philippine Chapter of the Chambers and Partners Private Equity 2021 Global Practice Guide

The Legal 500 Merger Control 2021 Guide.

GIG ECONOMY: Essential Aspect of Contracting

Chambers and Partners Doing Business Trends and Developments 2021 Guide PH Chapter

V&A Law Recognized in the IFLR1000 2022 Rankings

Getting The Deal Through Occupational Health & Safety 2022 Guide.

Philippine Chapter of the Chambers and Partners Doing Business Law and Practice 2021 Guide

Chambers and Partners Merger Control 2021 Guide PH Chapter

Protecting Automatons: Intellectual Property and the Use of Artificial Intelligence in the War Against COVID-19

COVID-19 Included as Compensable Illness

Philippine Copyright Owners' Resale Rights

Labour and Employment Comparative Guide - Employment and HR - Philippines

Stimulating the Market in the Time of COVID-19: An Introduction of Corporate Debt Vehicles in the Philippines

Patentability Considerations for COVID-19 Related Genomics

Understanding Virtual Assets Regulations in the Philippines

It's on the House: A Step-by-Step Guide on Property Investment during the Pandemic

Carving Off The Meat: Skinny Labelling of Generic Drugs

The Employment Law Review: Philippines

The Legal 500: Employment & Labour Law Country Comparative Guide

Establishment of Digital Banks in the Philippines

PATENT EXAMINATION CLARITY GUIDELINES ISSUED BY IPOPHL
By Ma. Sophia Editha C. Cruz-Abrenica