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January 24, Philippine economic growth remained stable as it grew 6. This steady performance—the seventh consecutive year that the Philippine economy sustained its growth of more than 6. This […]. The merger brought together a common goal between the two corporations to provide the highest quality standards in electric wire and cable products manufactured in their plant located […]. Registered with the Securities and Exchange Commission in December of , the company sells floor and wall tiles and as part of its customer service, provides orientation to […].
It is part of the Ayala Land umbrella, a multi-segment developer that specializes in residential spaces in the Philippines. An upward trend for the Philippines Now seen as a new growth area, the Philippines is well positioned to attract new investments that would catalyze industry growth and development. Learn More. Services as Glue Binding Sectors Together. Agribusiness for Regional Competitiveness. Proposed Philippine laws must undergo public comment and review.
Government agencies are required to craft implementing rules and regulations IRRs through public consultation meetings within the government and with private sector representatives after laws are passed. The Executive Order on Freedom of Information FOI mandates full public disclosure and transparency of government operations, with certain exceptions. The order is criticized for its long list of exceptions, rendering the policy less effective.
Stakeholders report regulatory enforcement in the Philippines is generally weak, inconsistent, and unpredictable. Many U. Regulatory agencies are generally not statutorily independent but are attached to cabinet departments or the Office of the President and, therefore, are subject to political pressure.
Issues in the judicial system also affect regulatory enforcement. The various implementing rules and regulations to execute specific provisions, however, have not been completed by the Department of Finance and the Bureau of Customs as of April The Philippines has a mixed legal system of civil, common, Islamic, and customary laws, along with commercial and contractual laws. The Philippine judicial system is a separate and largely independent branch of the government, made up of the Supreme Court and lower courts.
The Supreme Court is the highest court and sole constitutional body. The lower courts consist of: a trial courts with limited jurisdictions i. In addition, nearly any case can be appealed to appellate courts, including the Supreme Court, increasing caseloads and further clogging the judicial system.
Foreign investors describe the inefficiency and uncertainty of the judicial system as a significant disincentive to investment. Many investors decline to file dispute cases in court because of slow and complex litigation processes and perceived corruption among some personnel. The courts are not considered impartial or fair. Stakeholders also report an inexperienced judiciary when confronted with complex issues such as technology, science, and intellectual property cases.
The BOI regulates and promotes investment into the Philippines. Government agencies are encouraged to adopt policies and implement programs consistent with the IPP. The Special Economic Zone Act allows PEZA to regulate and promote investments in export-oriented manufacturing and service facilities inside special economic zones, including grants of fiscal and non-fiscal incentives. The Philippine competition law established the Philippine Competition Commission PCC , an independent body mandated to resolve complaints on issues such as price fixing and bid rigging, to stop mergers that would restrict competition.
Philippine law allows expropriation of private property for public use or in the interest of national welfare or defense in return for fair market value compensation. In the event of expropriation, foreign investors have the right to receive compensation in the currency in which the investment was originally made and to remit it at the equivalent exchange rate. However, the process of agreeing on a mutually acceptable price can be protracted in Philippine courts.
No recent cases of expropriation involve U. The Philippines is signatory to various bilateral investment treaties that recognize international arbitration of investment disputes. Investment disputes can take years to resolve due to systemic problems in Philippine courts.
Lack of resources, understaffing, and corruption make the already complex court processes protracted and expensive. Several laws on alternative dispute resolution ADR mechanisms i. Public-Private Partnership PPP infrastructure contracts are required to include ADR provisions to make resolving disputes less expensive and time-consuming. A separate action must be filed for foreign judgments to be recognized or enforced under Philippine law. Philippine law does not recognize or enforce foreign judgments that run counter to existing laws, particularly those relating to public order, public policy, and good customary practices.
Foreign arbitral awards are enforceable upon application in writing to the regional trial court with jurisdiction. The petition may be filed any time after receipt of the award. The Philippine bankruptcy and insolvency law provides a predictable framework for rehabilitation and liquidation of distressed companies, although an examination of some reported cases suggests uneven implementation.
Rehabilitation may be initiated by debtors or creditors under court-supervised, pre-negotiated, or out-of-court proceedings. The law sets conditions for voluntary debtor-initiated and involuntary creditor-initiated liquidation. Regional trial courts designated by the Supreme Court have jurisdiction over insolvency and bankruptcy cases. Non-fiscal incentives include the following: employment of foreign nationals, simplified customs procedures, duty exemption on imported capital equipment and spare parts, importation of consigned equipment, and operation of a bonded manufacturing warehouse.
The IPP, updated every three years, provides incentives to the following activities: manufacturing e. In the current set-up, BOI-registered enterprises that locate in less-developed areas are entitled to pioneer incentives and can deduct percent of the cost of necessary infrastructure work and labor expenses from taxable income.
Furthermore, an enterprise with more than 40 percent foreign equity that exports at least 70 percent of its production may be entitled to incentives even if the activity is not listed in the IPP. Export-oriented firms with at least 50 percent of revenues derived from exports may register for additional incentives under the Export Development Act.
Multinational entities that establish regional warehouses for the supply of spare parts, manufactured components, or raw materials for foreign markets also enjoy incentives on imports that are re-exported, including exemption from customs duties, internal revenue taxes, and local taxes. Export-related businesses enjoy preferential tax treatment when located in export processing zones, free trade zones, and certain industrial estates, collectively known as economic zones, or ecozones.
Businesses located in ecozones are considered outside customs territory and are allowed to import capital equipment and raw material free of customs duties, taxes, and other import restrictions. While some ecozones are designated as both export processing zones and free trade zones, individual businesses within them are only permitted to receive incentives under a single category. PEZA manages four government-owned export-processing zones Mactan, Baguio, Cavite, and Pampanga and administers incentives to enterprises in other privately owned and operated ecozones.
The ecozones located inside former U. Clark and Subic have their own international airports, power plants, telecommunications networks, housing complexes, and tourist facilities. These ecozones offer comparable incentives to PEZA. Enterprises already receiving incentives under the BCDA law are disqualified to receive incentives and benefits offered by other laws. CEZA grants gaming licenses in addition to offering export incentives.
The incentives available to investors in these zones are similar to PEZA but administered independently. The BOI imposes a higher export performance requirement on foreign-owned enterprises 70 percent of production than on Philippine-owned companies 50 percent of production when providing incentives under IPP. Companies registered with BOI and PEZA may employ foreign nationals in supervisory, technical, or advisory positions for five years from date of registration possibly extendable upon request.
Top positions and elective officers of majority foreign-owned BOI-registered enterprises such as president, general manager, and treasurer, or their equivalents are exempt from employment term limitation. Foreigners intending to work locally must secure an Alien Employment Permit from the Department of Labor and Employment DOLE , renewable every year with the duration of employment which in no case shall exceed five years.
The Biofuels Act establishes local content requirements for diesel and gasoline. Regarding diesel, only locally produced biodiesel is permitted. The Philippines does not impose restrictions on cross-border data transfers. Sensitive personal information is protected under the Data Privacy Act, which provides penalties for unauthorized processing and improper disposal of data even if processed outside the Philippines. The Philippines recognizes and protects property rights, but the enforcement of laws is weak and fragmented.
Property registration processes are tedious and costly. Multiple agencies are involved in property administration, which results in overlapping procedures for land valuation and titling processes. Record management is weak due to a lack of funds and trained personnel.
Corruption is also prevalent among land administration personnel and the court system is slow to resolve land disputes. The country has a robust intellectual property rights IPR regime in place, although enforcement is irregular and inconsistent. The sale of imported counterfeit goods in local markets has visibly decreased, though stakeholders report the amount of counterfeit goods sold online is gradually increasing. The Philippines generally has strong patent and trademark laws.
However, weak border protection, corruption, limited enforcement capacity by the government, and lack of clear procedures continue to weaken enforcement. In addition, IP owners still must assume most enforcement and storage costs when counterfeit goods are seized. Enforcement actions are often not followed by successful prosecutions.
The slow and capricious judicial system keeps most IP owners from pursuing cases in court. IP infringement is not considered a major crime in the Philippines and takes a lower priority in court proceedings, especially as the courts become more crowded out with criminal cases deemed more serious, which receive higher priority.
Many IP owners opt for out-of-court settlements such as ADR rather than filing a lawsuit that may take years to resolve in the unpredictable Philippine courts. The Philippines welcomes the entry of foreign portfolio investments, including local and foreign-issued equities listed on the Philippine Stock Exchange PSE.
Investments in certain publicly listed companies are subject to foreign ownership restrictions specified in the Constitution and other laws. Although growing, the PSE with fewer than listed firms as of the end of lags behind many of its neighbors in size, product offerings, and trading activity. The securities market is growing but remains dominated by government bills and bonds. Cross-ownership and interlocking directorates among listed companies also decrease the likelihood of hostile takeovers.
Credit is generally granted on market terms and foreign investors are able to obtain credit from the liquid domestic market. However, some laws require financial institutions to set aside loans for preferred sectors e.
The government has also implemented the Personal Property Security law, which aims to spur lending to MSMEs by allowing non-traditional collateral e. The Central Bank has pursued regulatory reforms promoting good governance and aligning risk management regulations with international standards. The non-performing loan ratio was at 2.
Commercial banks constitute more than 90 percent of the total assets of the Philippine banking industry. The five largest commercial banks represented about 60 percent of the total resources of the commercial banking sector as of Twenty-six of the 46 commercial banks operating in the country are foreign branches and subsidiaries, including three U. Citibank has the largest presence among the foreign bank branches and currently ranks 13th overall in terms of assets.
Foreign residents and non-residents may open foreign and local currency bank accounts. Although non-residents may open local currency deposit accounts, they are limited to the funding sources specified under Central Bank regulations. For non-residents who wish to convert their local deposits to foreign currency, sales of foreign currencies are limited up to the local currency balance.
The Bangko Sentral ng Pilipinas Central Bank has actively pursued reforms since the s to liberalize and simplify foreign exchange regulations. The Central Bank follows a market-determined exchange rate policy, with scope for intervention to smooth excessive foreign exchange volatility. Purchases above the thresholds are also subject to the submission of minimum documentary requirements but do not require prior Central Bank approval.
A person may freely bring foreign currencies with a value of up to USD 10, into or out of the Philippines; more than this threshold requires submission of a foreign currency declaration form. Foreign exchange policies do not require approval of inward foreign direct and portfolio investments unless the investor will purchase foreign currency from banks to convert its local currency proceeds or earnings for repatriation or remittance.
Registration of foreign investments with the Central Bank or custodian banks is generally optional. Duly registered foreign investments are entitled to full and immediate repatriation of capital and remittance of dividends, profits, and earnings. Although there are exceptions, private sector loan agreements should also be registered with the Central Bank if serviced through the purchase of foreign exchange from the banking system.
The Philippines has a restrictive regime for accessing bank accounts to detect or prosecute financial crimes, which is a significant impediment to enforcing laws against corruption, tax evasion, smuggling, laundering, and other economic crimes. State-owned enterprises, known in the Philippines as government-owned and controlled corporations GOCC , are predominantly in the power, transport, infrastructure, communications, land and water resources, social services, housing, and support services sectors.
GOCCs are required to remit at least 50 percent of their annual net earnings e. Private and state-owned enterprises generally compete equally. Since the national government acts as the main guarantor of loans, stakeholders report GOCCs often have an advantage in obtaining financing from government financial institutions and private banks.
Most GOCCs are not statutorily independent, but attached to cabinet departments, and, therefore, subject to political interference. The law allows unrestricted access to GOCC account books and requires strict compliance with accounting and financial disclosure standards; establishes the power to privatize, abolish, or restructure GOCCs without legislative action; and sets performance standards and limits on compensation and allowances. GOCC board members are limited to one-year term and subject to reappointment based on a performance rating set by GCG, with final approval by the Philippine President.
The privatization of government assets undergoes a public bidding process. Apart from restrictions stipulated in FINL, no regulations discriminate against foreign buyers and the bidding process appears to be transparent. Various non-government organizations and business associations also promote RBC. The Philippine Business for Social Progress PBSP is the largest corporate-led social development foundation involved in advocating corporate citizenship practice in the Philippines.
Corruption is a pervasive and long-standing problem in both the public and private sectors. The Philippines was 99th in , and the lack of progress in tackling public corruption resulted in a lower score for Various organizations, including the World Economic Forum, have cited corruption among the top problematic factors for doing business in the Philippines.
The Bureau of Customs is still considered to be one of the most corrupt agencies in the country, having fired and replaced five customs commissioners over the past six years. The Philippine Development Plan outlines strategies to reduce corruption by streamlining government transactions, modernizing regulatory processes, and establishing mechanisms for citizens to report complaints.
The Office of the Ombudsman investigates and prosecutes cases of alleged graft and corruption involving public officials, with more information available on its website. Cases against high-ranking officials are brought before a special anti-corruption court, the Sandiganbayan, while cases against low-ranking officials are filed before regional trial courts.
The Office of the President can directly investigate and hear administrative cases involving presidential appointees in the executive branch and government-owned and controlled corporations. Government anti-corruption agencies routinely investigate public officials, but convictions by courts are limited, often appealed, and can be overturned. Presidential Complaint Center Gama Bldg. Terrorist groups and criminal gangs operate in some regions.
The Department of State publishes a consular information sheet and advises all Americans living in or visiting the Philippines to review the information periodically. These groups have mostly carried out their activities in the western and central regions of Mindanao, including the Sulu Archipelago and Sulu Sea. They are also capable of operating in some areas outside Sulu, as evidenced by the kidnapping of four hostages from Samal Island, just outside Davao City.
Groups affiliated with ISIS-Philippines continued efforts to recover from battlefield losses, recruiting and training new members, and staging suicide bombings and attacks with improvised explosive devices IEDs and small arms that targeted security forces and civilians. After granting multiple extensions of over two and a half years, Congress, with support from the government, allowed martial law to lapse on December 31, In expressing its support for the decision, the military cited improvement in the security climate in Mindanao, but also noted that Proclamation 55, a national state of emergency declaration, remained in effect and would be used as necessary.
The NPA relies on extortionist revolutionary taxes from local and some foreign businesses to fund its operations. The ongoing operation continues to receive worldwide attention for its harsh tactics. Managers of U. As of January , the Philippine labor force reached 43 million workers, with an employment rate of These figures include employment in the informal sector and do not capture the substantial rates of underemployment in the country.
Youths between the ages of 15 and 24 made up over 40 percent of the unemployed. More than half of all employment was in the services sector, with Compensation packages in the Philippines tend to be comparable with those in neighboring countries. The non-agricultural daily minimum wage in Metro Manila is approximately USD 10, although some private sector workers receive less.
Most regions set their minimum wage significantly lower than Metro Manila. Violation of minimum wage standards is common, especially non-payment of social security contributions, bonuses, and overtime. Philippine law also provides for a comprehensive set of occupational safety and health standards. The Department of Labor and Employment DOLE has responsibility for safety inspection, but a shortage of inspectors has made enforcement difficult.
The Philippines Constitution enshrines the right of workers to form and join trade unions. The trend among firms using temporary contract labor to lower employment costs continues despite government efforts to regulate the practice.
The DOLE Secretary has the authority to end strikes and mandate a settlement between parties in cases involving national interest. DOLE amended its rules concerning disputes in , specifying industries vital to national interest: hospitals, the electric power industry, water supply services excluding small bottle suppliers , air traffic control, and other industries as recommended by the National Tripartite Industrial Peace Council NTIPC.
Economic zones often offer on-site labor centers to assist investors with recruitment. Although labor laws apply equally to economic zones, unions have noted some difficulty organizing inside the zones. Unions allege that companies or local officials use illegal tactics to prevent workers from organizing.
The quasi-judicial National Labor Relations Commission reviews allegations of intimidation and discrimination in connection with union activities. Reports of forced labor in the Philippines continue, particularly in connection with human trafficking in the commercial sex, domestic service, agriculture, and fishing industries.
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