EASE OF DOING BUSINESS ACT AND THE ANTI-RED TAPE AUTHORITY COUNCIL

Republic Act No. 11032 or the Ease of Doing Business Act is a landmark legislation which created a framework for the government’s initiative to make investment in the Philippines more attractive. Included in the law is the creation and/or appointment of the bodies that are tasked to implement its provisions thereof, the Anti-Red Tape Authority (ARTA) and the Ease of Doing Business and Anti-Red Tape Advisory Council. THE ANTI-RED TAPE AUTHORITY (ARTA) The ARTA, which is attached to the office of the President, is tasked by law to ensure that the provisions…

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CORONAVIRUS, THE STATE’S EXERCISE OF POLICE POWER, AND ALTERNATIVES SOURCES OF INVESTMENT

The COVID-19 or the Coronavirus epidemic that started in Wuhan, China has become one of the more pressing issues the international community is facing right now. Efforts have been made and strategies devised in order to stop the virus from further spreading. However, despite untiring efforts, the viral infection has been slowly spreading worldwide. Coronavirus epidemic that started in Wuhan As of this date, the Philippines has three (3) confirmed COVID-19 cases and there are fears that the number of infected might increase due to the recent influx of tourists and investors…

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DATA PRIVACY ACT OF 2012: REPUBLIC ACT (RA) 10173

On 15 August 2012 President Benigno Aquino, Jr. signed into law Republic Act (RA) 10173 or the Data Privacy Act of 2012. This law aims to protect the fundamental right of privacy of communication while ensuring free flow of information to promote innovation and growth. (Sec 2, RA10173) One of the important goals of the aforementioned law is to protect an individual’s personal information from unauthorized processing by any natural or juridical person. The following are the salient portion of RA10173. WHAT KIND OF INFORMATION DOES THE DATA PRIVACY ACT OF 2012…

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PUBLIC-PRIVATE PARTNERSHIP (PPP) IN THE PHILIPPINES AS GOVERNED BY RA 9184 AND RA 6957 AS AMENDED BY RA 7718

Public-Private Partnership (PPP) is an agreement between the public sector and private entities to jointly undergo certain projects which are normally provided by the public sector including but not limited to infrastructure and services. PPPs are advantageous to both the public and private sectors as the former can acquire funding for projects and at the same time mitigate their risks. On the other hand, private entities entering into PPPs have the opportunity to invest in projects with a reasonable rate of return. RA 9184: GOVERNMENT PROCUREMENT REFORM ACT - PUBLIC-PRIVATE PARTNERSHIP (PPP)…

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TYPES OF COMPANY SETUP OF BUSINESS PROCESS OUTSOURCING (BPO) IN THE PHILIPPINES

The Business Process Outsourcing (BPO) industry is a booming business sector in the Philippines. With the Filipino workforce’s competence and high education coupled with the reasonable cost of doing business in the country, the Philippines has become one of the premier destination for outsourcing. For foreign investors looking into entering the BPO sector, there are different options on what type of structure to register for their business. TYPES OF CORPORATION TO REGISTER FOR A BPO BUSINESS BPO TYPE: BRANCH OFFICE OF A FOREIGN CORPORATION – carries out the business activities of the…

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CALAMITY FUND IN THE PHILIPPINES

In May 07, 2010, then President Gloria Macapagal-Arroyo signed in to law Republic Act (RA) 10121 or the “Philippine Disaster Risk Reduction and Management Act of 2010”.  In a nut shell, this law’s aim is to have a framework for the mitigation of risks, programs for quick responses during the time of disasters and recovery thereafter. An important aspect of the Disaster Risk Reduction and Management Plan is its implementation which is only possible if there ample is ample funding. Hence, RA 10121 have provisions for a Local Disaster Risk Reduction and…

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LABOR LAW UPDATES: SERVICE CHARGE LAW

On August 07, 2019 President Rodrigo Duterte has approved Republic Act 11360 entitled “AN ACT PROVIDING THAT SERVICE CHARGES COLLECTED BY HOTELS, RESTAURANTS AND OTHER SIMILAR ESTABLISHMENTS BE DISTRIBUTED IN FULL TO ALL COVERED EMPLOYEES AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 442 AS AMENDED, OTHERWISE KNOWN AS THE “LABOR CODE OF THE PHILIPPINES” or as just the Service Charge Law. Previously, service charges collected by restaurants, hotels, and other similar establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (15%) for management.…

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FOREIGN INVESTMENT NEGATIVE LIST

On 29 October 2018 President Rodrigo Duterte issued the 11th Foreign Investment Negative List. The said Foreign Investment Negative List took effect on 16 November 2018. As with the previous List, the current one outlines, clarifies the scope and limitations of foreign ownership in businesses in specific industries. The intent of the 11th Foreign Investment Negative List is to ease restrictions on foreign participation in certain investment areas or activities. This can be seen in the easing of restrictions of foreign ownership in many sectors or industries, which now can be owned…

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PREMIUM PAYMENTS (HOLIDAY PAY) FOR WORKERS WHO REPORT FOR DUTY ON REGULAR AND SPECIAL HOLIDAYS

PREMIUM PAYMENTS (HOLIDAY PAY) It’s the time of the year where holidays are a plenty and where millions spend valuable time with their loved ones. However, many businesses do not stop on holidays and some workers are required by their employers to go on duties. In return, workers who are required to report for work on holidays are given additional pay in accordance with labor laws. PREMIUM PAYMENTS FOR WORKERS WHO REPORT ON A REGULAR HOLIDAY Workers who report for work during an official regular holiday are entitled to “double pay” or…

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MERGERS AND CONSOLIDATIONS AS GOVERNED BY THE REVISED CORPORATION CODE OF THE PHILIPPINES

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MERGERS AND CONSOLIDATIONS Corporations, may decide to merge or consolidate because of various reasons. It could be because corporations want to increase their value that they normally cannot do alone or they want to diversify their businesses or acquire assets or many other motivations. However, corporations before entering into mergers and consolidations, they must need to carefully look at the provisions of the governing law, the Revised Corporation Code of the Philippines (RCCP). WHAT IS A MERGER? If two or more corporations merge into a single corporation which shall be one of…

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