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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Getting the Deal Through: Country Focus 2017 - Philippines

The Philippine chapter of the Getting the Deal Through: Country Focus 2017 was contributed by SyCipLaw partners Hiyasmin H. Lapitan and Franco Aristotle G. Larcina, and associates Anna Teresita A. Marcelo and Michael Trance Joseph M. Nuñez. The chapter provides answers to key questions on the legal landscape of the Philippines, including information on the legal framework, dispute resolution structure, foreign investment and trade, regulators, compliance laws, business operations, employment and intellectual property regulations in the country, among other resources.

ALB: “Enforcement Update: Philippine Competition Act”

The August 2017 issue of the Asian Legal Business (ALB) includes a Philippine regional update by SyCipLaw partner Arlene M. Maneja entitled, “Enforcement Update: Philippine Competition Act”. The article summarizes the administrative, civil and criminal penalties that apply to companies that have yet to comply with the Philippine Competition Act (PCA). The transitional clause of the PCA to enable parties to renegotiate agreements or restructure their businesses to comply with the law expired on August 7, 2017.

CPO: “Philippines: To Be or Not To Be a Data Protection Officer (DPO)”

Chief Privacy Officer (CPO) Magazine, an online publication owned by Data Privacy Asia, featured an article by SyCipLaw partner Rose Marie M. King-Dominguez. Entitled “Philippines: To Be or Not To Be a Data Protection Officer (DPO)”, the article discusses the qualifications and responsibilities of a DPO as outlined in the Philippine Data Privacy Act of 2012. It also outlines difficulties companies may experience in the appointment of a DPO.

ALB: “Guidelines on Related Party Transactions for Insurers in the Philippines”

The July 2017 issue of the Asian Legal Business (ALB) includes a Philippine regional update by SyCipLaw partner Hiyasmin H. Lapitan and associate Jo Margarette W. Remollo entitled, “Guidelines on Related Party Transactions for Insurers in the Philippines”. The article summarizes the Insurance Commission’s compliance guidelines on related party transactions, as set out in Insurance Circular Letter No. 2017-29. The Circular covers insurers, reinsurers, branch offices of foreign insurers, mutual benefit associations, pre-need companies, and health maintenance organizations and their intermediaries.

IFLR: “Philippines: Acquiring insurance brokers”

The April issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner Hiyasmin H. Lapitan entitled “Philippines: Acquiring insurance brokers”. The article discusses the new requirement by the Philippine Insurance Commission (IC) for advance approval to acquire a stake in a Philippine corporation that is licensed as an insurance broker or reinsurance broker. This requirement is noted in the IC’s circular letter number 2017-09 dated February 14, 2017, which prescribes guidelines on the documentation requirements for acquiring a domestic insurance or reinsurance broker.

IFLR: “Philippines: Foreign equity ownership decision”

The March issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner Jose Florante M. Pamfilo entitled “Philippines: Foreign equity ownership decision”. The article discusses the Philippine Supreme Court decision on the case of Roy v. Herbosa (GR no. 207246) to invalidate the Securities and Exchange Commission (SEC) Memorandum Circular no. 8-2013 (MC 8-2013) on the guidelines on compliance with the Filipino-foreign ownership requirements prescribed in the Philippine Constitution and/or existing laws by corporations engaged in nationalized and partly nationalized activities.

Doing Business 2017: Equal Opportunity for All

The World Bank Group has released its Doing Business 2017: Equal Opportunity for All report. This is the 14th in an annual series of reports providing objective measures of business regulations and their enforcement in 190 economies. The report focuses on measuring regulations affecting 11 areas: starting a business, dealing with construction permits, getting electricity, registering property, getting credit, protecting minority investors, paying taxes, trading across borders, enforcing contracts, resolving insolvency, and labor market regulation.

IFLR: “Philippines: Promoting foreign investment”

The February issue of the International Financial Law Review (IFLR) includes an international briefing article by SyCipLaw partner Aaron Roi B. Riturban entitled “Philippines: Promoting foreign investment”. The article focuses on Republic Act no. 10881, which lifts the foreign investment limitations found in laws governing adjustment companies, lending companies, financing companies, and investment houses. Read the article online at the IFLR website.

Enabling the Business of Agriculture 2017

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

ANTITRUST LAWS: A GLANCE AT THE PHILIPPINE COMPETITION ACT

Antitrust laws, also referred to as “competition laws”, are statutes developed to protect consumers from predatory business practices by ensuring that fair competition exists in an open-market economy. Competition laws regulate and prohibit several questionable business activities such as market allocation/ de facto monopoly whereby companies agree to steer clear of each other’s identified geographical market or territories; bid rigging whereby conspiring entities manipulate the market with a view of retaining current market share and price for each entity; and price fixing whereby two or three entities agree on the same selling price. Competition laws are designed to maximize consumer welfare by regulating or preventing business activities which stifle competition. Read more...

10 Questions Investors Need to Ask Before Investing in the Philippines

(1)What are the different forms of investment one can use?

This is critical and fundamental because each form has its own characteristics, requirements, advantages and disadvantages that may affect or influence one’s decision in determining which form best suits the business to be established or investment to be made. Read more...

FAQs on Foreign Investments in the Philippines

Here are some frequently asked questions (FAQ) on investing in the Philippines, such as choosing the right corporate vehicle, the allowed areas of investment, tax incentives, and other key information:pdf Read more...

Export Development Canada’s First 5 Calls: Philippines

ExportWise magazine has published the “First 5 Calls” series on the Philippines. Published by Export Development Canada (EDC) for Canadian exporters and investors, ExportWise’s “First 5 Calls” series seeks to provide practical, on-the-ground advice from five market experts who each address a particular aspect of doing business in a certain country, such as legal and regulatory, market entry and distribution, customs, human resources, etc.

IFLR: “Philippines: New foreign investment rules”

The April 2016 issue of the International Financial Law Review (IFLR) included an international briefing article entitled “New foreign investment rules.” The article was contributed by SyCipLaw partner Marietta A. Tibayan.

2016: Insurance regulation in Asia Pacific – Ten things to know about 20 countries

SyCipLaw contributed the Philippine Chapter of the 2016: Insurance Regulation in Asia Pacific – Ten things to know about 20 countries published by Norton Rose. The 2016 edition of the summary guide provides an overview and practical checklist of ten common regulatory issues for insurance companies. The Philippine chapter was contributed by SyCipLaw partner Hiyasmin H. Lapitan.

Enabling the Business of Agriculture 2016

SyCipLaw Partners Rose Marie M. King-Dominguez and Franco Aristotle G. Larcina, with support from Senior Associate Ruben P. Acebedo II, participated in the World Bank Group’s Enabling the Business of Agriculture 2016: Comparing regulatory good practices. The report examines regulations that impact private enterprise in the agriculture and agribusiness sectors. The report aims to promote smart regulations that ensure safety and quality control, as well as efficient regulatory processes, that support thriving agribusinesses.

IFLR: “Philippines: Foreign reinsurers and brokers”

The November 2015 issue of the International Financial Law Review (IFLR) included an international briefing article by SyCipLaw partner Hiyasmin H. Lapitan entitled “Foreign reinsurers and brokers.”

“Philippine local standards made applicable to non-resident foreign reinsurers"

The November 2015 edition of the Asian Insurance Review includes a spotlight on the Philippines article entitled “Philippine local standards made applicable to non-resident foreign reinsurers” by SyCipLaw partner Hiyasmin H. Lapitan.

Appointment of National Privacy Commission Members

The members of the National Privacy Commission (NPC) have been named. President Benigno Aquino III has appointed Raymond Liboro as the Commissioner of the NPC. Prior to his appointment, Liboro was the officer-in-charge of the DOST’s Science and Technology Information Institute. The following are the Deputy Privacy Commissioners: Dondi Mapa and Ivy Patdu.

The Mergers & Acquisitions Review 9th Edition – Philippines

The Philippines section of The Mergers & Acquisitions Review 9th Edition contains an overview of M&A activity in the country, general introduction to the legal framework for M&A, developments in corporate and takeover law and their impact, foreign involvement in M&A transactions, significant transactions, key trends and hot industries, financing of M&A, main sources and developments, employment law, tax law, competition law, and outlook. The section was contributed by SyCipLaw Managing Partner Rafael A. Morales with partners Philbert E. Varona and Hiyasmin H. Lapitan, and associate Patricia A. Madarang.

The Mergers & Acquisitions Review 9th Edition – Philippines

The Philippines section of The Mergers & Acquisitions Review 9th Edition contains an overview of M&A activity in the country, general introduction to the legal framework for M&A, developments in corporate and takeover law and their impact, foreign involvement in M&A transactions, significant transactions, key trends and hot industries, financing of M&A, main sources and developments, employment law, tax law, competition law, and outlook. The section was contributed by SyCipLaw Managing Partner Rafael A. Morales with partners Philbert E. Varona and Hiyasmin H. Lapitan, and associatePatricia A. Madarang.

IFLR: “Philippines: Foreign investment negative list”

Download a free copy of the IFLR: “Philippines: Foreign investment negative list” article by SyCipLaw partner Hector M. de Leon, Jr. and associate Levi Anthony B. Malaylay.

SyCipLaw’s Doing Business in the Philippines: A General Guide

In commemoration of the firm’s 70th anniversary, SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) produced a publication about the general guidelines in doing business in the Philippines.

Chambers Asia-Pacific: Philippines Overview

The Chambers Asia-Pacific 2015 Guide is now available online and features an overview of the Philippinescontributed by SyCipLaw Managing Partner Rafael A. Morales

The Chambers Asia-Pacific 2015 Guide is now available online and features an overview of the Philippinescontributed by SyCipLaw Managing Partner Rafael A. Morales.

The guide is distributed to corporate counsel worldwide and is accessible through the Chambers website: www.chambersandpartners.com/guide/asia/8/172/1

Valuing Unlisted Shares

The April 2013 issue of IFLR includes an update authored by Senior Associate Arlene M. Maneja. "Valuing Unlisted Shares" discusses the implemented Philippine Bureau of Internal Revenue Regulation No. 6-2013 (RR6-2013) and contains an overview of the rules involving the determination of fair market value of share of stock not listed and traded in the local stock exchange. Download a copy of the article from the SyCipLaw website.

The Mergers & Acquisitions Review 7th Edition – Philippines

The Philippines section of The Mergers and Acquisitions Review 7th Edition contains an overview of M&A activity in the country, general introduction to the legal framework for M&A, developments in corporate and takeover law and their impact, foreign involvement in M&A transactions, significant transactions, key trends and hot industries, financing of M&A, employment law, tax law, competition law, and outlook. The section was contributed by SyCipLaw Managing Partner Rafael A. Morales.

 

WLG Global Agenda Study Report: Issues & Priorities for Senior In-House Counsel Worldwide

It has been a year since the SyCip Salazar Hernandez & Gatmaitan (SyCipLaw) LinkedIn Company Page was launched and statistics show that the most clicked legal resource post is the World Law Group's "Global Agenda Study Report: Issues & Priorities for Senior In-House Counsel Worldwide," which was posted on 16 January 2013. The report highlights, among other things, current key challenges faced by chief legal officers, general counsel and other in-house law department leaders in some of the world's largest companies, as well as action plans they've found most effective to meet these challenges. It also points out some interesting differences by region.

June 2013 Philippine Supreme Court Decisions on Commercial Law

Contributed by Hector M. de Leon, Jr., the article summarizes select June 2013 rulings of the Supreme Court of the Philippines on derivative suit and shares of stock of corporations, collateral source rule in insurance, and trademarks. Read the article on Lexoterica.

SEC Guidelines on Compliance with Filipino-Foreign Ownership Requirements

Contributed by partner Imelda A. Manguiat and associate Grace Ann C. Lazaro, the article summarizes the Securities and Exchange Commission's Memorandum Circular No. 8-2013, which was published on 20 May 2013. The Circular sets out the guidelines to determine compliance with the required percentage of Filipino-foreign ownership in corporations engaged in nationalized and partly-nationalized activities. Visit Lexoterica to read the article.

Philippine section of Chambers Legal Practice Guides: M&A 2013

Chambers & Partners has published its Legal Practice Guide on Corporate M&A 2013. The publication, which may be read for free online, includes two Philippine sections contributed by SyCip Salazar Hernandez & Gatmaitan (SyCipLaw):

Ten things to know - insurance regulation in the Philippines

SyCipLaw partnered with Norton Rose in producing Ten things to know - insurance regulation in the Philippines, which provides a briefing on the insurance regulation system in the country. Download the publication from the SyCipLaw website.

December 2012 Philippine Supreme Court Decisions on Commercial Law

The Lexoterica post on select December 2012 rulings of the Supreme Court on Commercial Law was contributed by partner Hector M. de Leon, Jr. The post includes rulings on corporations and rehabilitation.

Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises

The World Bank and The International Finance Corporation’s Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises is now available for download.

PUBLIC-PRIVATE PARTNERSHIPS IN THE PHILIPPINES: A PRACTICAL GUIDE FOR BUSINESS

The Philippines has been one of the pioneers in private sector participation in major government infrastructure projects in Asia. The Build-Operate-Transfer Law or RA 6957 passed in 1990 was the first of its kind in the region.

Philippine PPP Center established

In line with his administration’s avowed policy of focusing on public-private-partnerships as a way of addressing the Philippines’ infrastructure needs, on September 9, 2010, President Benigno S. Aquino III issued Executive Order No. 8, renaming the existing Build-Operate-Transfer (“BOT”) Center as the Public-Private-Partnership (“PPP”) Center and transferring it from the Department of Trade and Industry (“DTI”) to the National Economic and Development Authority (“NEDA”).

International comparative guides

Giving the in-house community greater insight to the law and regulations in different jurisdictions.

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