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Philippine Legislation in the Pipeline: Can They "De-contract" the Economy?
SyCip Salazar Hernandez & Gatmaitan, June 2020

Analysts predict that the Philippine economy may contract by as high as 9% in the second quarter of 2020...

SyCipLaw's Doing Business in the Philippines: A General Guide (2020 Update)
SyCip Salazar Hernandez & Gatmaitan, June 2020

SyCip Salazar Hernandez & Gatmaitan’s (SyCipLaw) publication about the general guidelines in doing business in the Philippines has been updated. It aims to showcase the Philippines as an attractive venue for business ventures, to guide the businessmen and lawyers alike in their business decision making, and to help investors restart the Philippine economy in connection with the lifting of certain COVID-19-related quarantine restrictions...

Metro Manila under GCQ from June 1; Courts Nationwide Resume Full Operations on June 1
SyCip Salazar Hernandez & Gatmaitan, May 2020

Metro Manila, Regions II, III, and IV-A, and the provinces of Pangasinan and Albay (which are currently under [MECQ]) will be placed under General Community Quarantine (GCQ) from June 1. This is based on the announcement made on May 28, 2020 by the President. Many other areas of the country which are now under GCQ will transition to Modified General Community Quarantine starting June 1...

Corporate Governance in the Time of COVID-19: Navigating New Horizons
SyCip Salazar Hernandez & Gatmaitan, May 2020

The COVID-19 pandemic has forced companies to change the way that they do business. The fact that the National Capital Region is currently under a Modified Enhanced Community Quarantine (MECQ),[1] and prior to that, was under Enhanced Community Quarantine (ECQ) for two months since 16 March 2020, makes it difficult for Philippine domestic corporations to navigate the Philippine business landscape and conduct business as usual...

Data Privacy and WFH: NPC Bulletin on Protecting Personal Data in a Work From Home Arrangement
SyCip Salazar Hernandez & Gatmaitan, May 2020

The National Privacy Commission (NPC) has issued guidelines on data protection in work from home (WFH) arrangements (NPC PHE Bulletin No. 12 on “Protecting Personal Data in a Work from Home Arrangement; issued May 15, 2020).  The full text of the guidelines can be found here: https://www.privacy.gov.ph/2020/05/npc-phe-bulletin-no-12-protecting-personal-data-in-a-work-from-home-arrangement/...

The Return-To-Work Checklist: Focus on Labor
SyCip Salazar Hernandez & Gatmaitan, May 2020

Philippine government agencies continue to issue additional and more specific guidelines on dealing with business continuity concerns, in light of more enterprises being able to resume operations under the Modified Enhanced Community Quarantine (MECQ), and more areas now being under the less restrictive General Community Quarantine (GCQ). This briefing covers the following more recent advisories:   Department of Labor and Employment (DOLE) Labor Advisory No...

New MECQ Guidelines Issued by the IATF; IPOPHL Re-Opens on May 25
SyCip Salazar Hernandez & Gatmaitan, May 2020

  This is a briefing on the following issuances as of May 16, 2020 in relation to the COVID-19 pandemic:  No Mandatory Testing of Returning Workers  What is MECQ? New Normal?  Business Allowed to Operate During MECQ  Other Key Things to Remember in a MECQ Area  Intellectual Property Office of the Philippines (IPOPHL) Resumes On-site Operations on May 25, 2  The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) ha

COVID-19 Legal Briefing: Focus on Employment and Public Health Standards
SyCip Salazar Hernandez & Gatmaitan, May 2020

This briefing takes a deeper dive into the labor and employment aspect of COVID-19 issuances. Some of the guidelines here are covered in our The Return-to-Work-Checklist for Philippine Companies. A.  Operating establishments have been directed to comply with public health standards prescribed by the Department of Health (DOH), Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) 1.  The DTI issued DTI Memorandum Circular No...

Metro Manila will be Under Modified Enhanced Community Quarantine (MECQ) from May 16 to May 31
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic...

The Philippines: Issuances in Relation to the COVID-19 Pandemic as of May 10, 2020
SyCip Salazar Hernandez & Gatmaitan, May 2020

 This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C...

Reopening Of Courts In GCQ Areas; Bayanihan Act IRRs
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the following issuances as of May 4, 2020 in relation to the COVID-19 pandemic:A. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020B. Reduced Bail and Release on Recognizance for Indigent DetaineesC. Bayanihan Act IRRs and Other IssuancesA. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020Supreme CourtAdministrative Circular No...

New Rules of Court to Take Effect on May 1
SyCip Salazar Hernandez & Gatmaitan, May 2020

The amendments to the Revised Rules on Evidence (Administrative Matter No. 19-08-15-SC) and Rules of Civil Procedure (Administrative Matter No. 19-10-20-SC) (collectively, the “Amended Rules”) will take effect on May 1, 2020. The Philippine Supreme Court approved these amendments to help minimize delays in court litigation and to expedite the resolution of cases. The full copies of the Amended Rules are available on the Philippine Supreme Court’s website at http://sc...

ECQ and GCQ Guidelines; Further Extension of Deadlines for Tax Payments
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the following issuances as of May 3, 2020 in relation to the COVID-19 pandemic:A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ)B. Extensions of Deadlines to Pay National and Local TaxesC. Extension of Deadlines for Filings with the Intellectual Property Office of the Philippines (IPOPHL)A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ)1...

SyCip Law COVID-19 Legal Information Bulletin
SyCip Salazar Hernandez & Gatmaitan, April 2020

The Philippine Government has issued a slew of resolutions and circulars as part of its response to the COVID 19 pandemic and unsurprisingly, a number of legal and practical issues have beset businesses and persons under the Luzon-wide enhanced community quarantine (ECQ)1. Like the rest of the world, the country is bracing itself for a new normal – in the way enterprises are run, services are rendered, everyday tasks are undertaken...

Briefing on Issuances in Relation to the COVID-19 Pandemic (as of April 19, 2020)
SyCip Salazar Hernandez & Gatmaitan, April 2020

 This is a briefing on the following issuances as of April 19, 2020 in relation to the COVID-19 pandemic: A. Extension of Periods for the Filing and Submission of Various Documents and Payment of TaxesB. Mandatory Disclosure of Personal Information of COVID-19 Patients C. Securities and Exchange Commission (SEC) Issuances D. Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) Issuances E. Insurance Commission (IC) Issuances F...

COVID-19: Enhanced Community Quarantine Extended in Luzon until April 30; Bayanihan Act IRRs
SyCip Salazar Hernandez & Gatmaitan, April 2020

This is a briefing on the following issuances as of April 12, 2020 in relation to the COVID-19 pandemic:I. Extension until April 30 of the Enhanced Community Quarantine (ECQ) over LuzonA. Declaration of the Extension of the ECQB. Bureau of Internal Revenue (BIR) IssuancesC. Supreme Court Extends Deadlines for Filing of DocumentsD. Securities and Exchange Commission (SEC) IssuancesE. Intellectual Property Office (IPOPHL) Extends Filing and Payment DeadlinesF...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

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