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The Philippine electorate made waves in May 2016 by electing Rodrigo Duterte to the presidency. But for all his controversial social policies, there are certainly reasons for investors to be optimistic: the 71-year-old is an avowed enemy of red tape, and has pledged to support infrastructure and PPP projects. Foreign investors are also showing an interest in areas such as education, technology and healthcare, while Philippine corporates, which are growing in size and sophistication, are beginning to invest overseas.
Capital markets activity has been heating up since Duterte’s ascension in June; there have been several offshore offerings by Philippine issuers, but most buyers have been Philippine corporates and high-net-worth Filipinos. Since Philippine banks are remarkably liquid and willing to lend, foreign banks have no significant presence in the country, however it has been speculated that domestic banks will soon approach their lending limits.
Following the introduction of a new competition law in July 2015, the Philippine Competition Commission investigated San Miguel’s sale of its telecoms assets to PLDT and Globe Telecom, a competition inquiry on a scale unprecedented in the Philippines.
Tax disputes have been a key talking point, largely due to the relatively aggressive approach of the previous tax commissioner, Kim Jacinto-Henares; observers anticipate that the number of tax-related disputes should come down under the new commissioner, Cesar Dulay.
Renewable energy, particularly solar and hydroelectric, are becoming prominent staples of the energy sector, although coal is responsible for servicing about a third of the country’s energy needs.
The Data Privacy Act, implemented in full in the summer of 2016, will have compliance-related repercussions for clients in the public and private sectors.
The larger domestic firms – most notably Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALaw), Romulo Mabanta Buenaventura Sayoc & De Los Angeles and SyCip Salazar Hernandez & Gatmaitan – continue to provide strong service across various practice areas. Although foreign firms are not permitted to establish an office in the Philippines, some have associate or member firms based in Manila offices, such as Quisumbing Torres, which is Baker & McKenzie LLP’s correspondent firm in the Philippines.
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The Legal 500 Asia Pacific - Insight reports
Search News and Articles
The July 2016 issue of the Asian Legal Business (ALB) Asia Edition included a regional update article entitled “Single Entry Approach: Mandatory Conciliation and Mediation of Labor Disputes”, contributed by SyCipLaw partner Marianne M. Miguel and SyCipLaw Associate Mary Grace L. Javier .
The Fall 2015 issue of the American Bar Association (ABA) included an International Law News article entitled “Justice Antonio T. Carpio, Supreme Court of the Philippines, on the South China Sea Dispute” contributed by SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) Special Counsel Albert Vincent Y. Yu Chang .
The July/August issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Renewable energy projects”. The article was contributed by SyCipLaw partner Rafael L. Encarnacion .
The Philippine section of Getting the Deal Through: Aviation Finance & Leasing 2015 was contributed by SyCipLaw senior associate Bhong Paulo A. Macasaet with associates Aldous Benjamin C. Camiso , Diana S. Gervacio , and Maricar G. Ramos . The section talks about the laws and regulation of Aviation Finance and Leasing in the Philippines, Title Transfer, Registration of Aircraft Ownership and Lease Interests, Security, Enforcement Measures, Taxes and Payment Restrictions, Insurance and Reinsurance, and Update and Trends.
The August 2016 issue of the Asian Legal Business (ALB) Asia Edition includes a regional update by SyCipLaw partner Maria Teresa Mercado-Ferrer entitled “A Need to Clarify Powers of the Philippine Economic Zone Authority and Local Government Units Relative to Peza-Registered BPO Companies”. The regional update can be found on page 15.
The Philippine chapter of The International Comparative Legal Guide to: Patents 2017 was contributed by SyCipLaw partners Enrique T. Manuel and Vida M. Panganiban-Alindogan . Mr. Manuel heads the firm’s Intellectual Property department. The chapter includes information on patent enforcement, patent amendment, licensing, patent term extension, patent prosecution and opposition, border control measures, Antitrust Law and inequitable conduct, and current developments.
Client Alert: SyCipLaw secures 1st merger clearance from PCC: Acquisition by Sanofi of the CHC BusinThe Philippine Competition Commission (PCC) has issued its first merger clearance under the implementing rules and regulations of the Philippine Competition Act. The clearance was for the proposed acquisition by Sanofi of the CHC business of Boehringer Ingelham. SyCipLaw acted as Philippine antitrust counsel to Sanofi.
The National Privacy Commission (NPC) has issued the implementing rules and regulations of the Data Privacy Act of 2012. The rules, promulgated on August 24, 2016, will take effect 15 days from publication in the Official Gazette.
Client Alert: Prohibition on Labor-Only Contracting and the Suspension of Registration of New ContraOn July 28, 2016, the Department of Labor and Employment (“DOLE”) issued Labor Advisory No 10-2016 (“Advisory”) reiterating the prohibition against labor-only contracting and Department Order No. 162-2016 (“Department Order”) suspending the registration of new applicants as contractors or subcontractors under Department Order No. 18-A (“DO 18-A”).
The September issue of the International Financial Law Review (IFLR) included an international briefing article entitled “Promoting Foreign Investment”. The article was contributed by SyCipLaw partner Carina C. Laforteza and associate Lito Paolo T. Martin II .
KHASK is a Ukrainian major producer and exporter of self-adhesive tapes and packaging materials. The loan facility is used to finance the purchase and installation of a solvent recuperation system, related general construction and energy efficiency capital investments.
In light of the European Commission’s ruling, those that have suffered as a result of the truck cartel are now able to claim damages. That being said, it is important for them to not lose sight of the statute of limitations.
SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) is pleased to announce the admission of Aaron Roi B. Riturban and Franco Aristotle G. Larcina to the partnership.
The Limay, Bataan power project was recognized by IJGlobal as the “Best Power Deal in the Asia Pacific Region”. SyCipLaw acted as local counsel to DBS Bank Ltd., Mizuho Bank, Ltd. and Standard Chartered Bank, the structuring banks in the US$400 million Project Financing of a new 300MW coal-fired power plant in Limay, Bataan of SMC Consolidated Power Corp. Read more information on this transaction .
SyCip Salazar Hernandez & Gatmaitan hosted the Pacific Rim Advisory Council (PRAC) 60th International Conference last September 24-27, 2016. The Conference gathered 43 delegates from PRAC member firms in Australia, Brazil, Canada, China, Hong Kong, India, Indonesia, Malaysia, Mexico, New Zealand, Panama, Philippines, Singapore, South Korea, Spain, Taiwan, The Netherlands, and the United States of America. The conference program provided delegates with various learning and networking opportunities.
Bogus applicants who do not actually intend to take up a post cannot subsequently invoke anti-discrimination legislation. This comes from a ruling of the Court of Justice of the European Union (CJEU).
If the works council no longer indicates a willingness to continue negotiations to prevent collective redundancies, the employer can consider the consultation process pursuant to sec 17(2) of the Kündigungsschutzgesetz (KSchG) [German Employment Protection Act] to have come to an end.
The Singapore International Arbitration Centre (SIAC) held “The User’s Guide to the SIAC Rules 2016” last November 24, 2016 and the Young SIAC (YSIAC) Advocacy Workshop last November 25, 2016.
The Serious Fraud Office (SFO) has decided not to prosecute Soma Oil and Gas regarding corruption in Somalia, due to insufficient evidence. Aziz Rahman looks at what insufficient evidence means and how to challenge prosecution allegations.
JP Morgan is paying $264M to settle allegations of bribery over its hiring of children of key Chinese decision makers to try and secure business. Aziz Rahman explains what constitutes bribery and how to prevent it.