Insights · 66 guides and counting

Philippine law, explained in advance.

The questions clients actually ask — foreign ownership, taxes, visas, compliance — answered in plain English by the lawyers who handle them.

Legal Update · October 17, 2026

TIEZA Registration for Foreign Investors: The Tourism Incentive Path Most Advisors Miss

While BOI and PEZA dominate foreign investor strategy conversations, a third registration pathway — TIEZA under RA 9593 — offers targeted fiscal incentives for tourism enterprises that neither agency can match for hotel, resort, and tourism-real-estate investors. This guide covers eligibility, the actual incentive packages, TEZ lease rights, and how foreign investors are using TIEZA registration alongside BOI or PEZA to stack incentives legally.

Jose Ben Campos

Foreign Ownership & Property · June 11, 2026

Neunzig v. Court of Appeals and the Void-Ab-Initio Doctrine: What Foreign Investors Must Learn from the Philippines' Hardest Line on Foreign Land Ownership

The Supreme Court's February 2025 ruling in G.R. No. 260983 (Klaus Peter Neunzig v. Hon. Court of Appeals and Rossana Balcom-Doring) declared simulated land contracts void ab initio, applied the in pari delicto doctrine to deny both parties any legal recourse, referred the case to the Solicitor General for possible escheat or forfeiture of the land, and referred the foreign investor, his Filipino nominee, and the notary to the Department of Justice for possible prosecution. This article analyzes the decision, the constitutional framework it applied, and the legitimate legal structures available to foreign nationals seeking Philippine real property in 2026.

Jose Ben Campos

Foreign Ownership & Property · June 9, 2026

The 13th Foreign Investment Negative List: What Foreign Investors Must Know Under Executive Order No. 113 (Effective May 2, 2026)

Executive Order No. 113, Series of 2026, promulgates the Thirteenth Regular Foreign Investment Negative List. Signed on April 13, 2026, published on April 17, and effective May 2, 2026, it replaces the 12th list issued in 2022 and changes the rules for retail trade, telecommunications, renewable energy and defense materiel. This guide explains how the Negative List works, what changed, what stays restricted, how the Anti-Dummy Law and the SEC's HARBOR beneficial ownership registry apply alongside it, how BIR RMC No. 24-2026 treats cross-border service fees, and the practical steps for structuring an investment under the new rules.

Daniel John Fordan

Setting Up & Structuring · June 9, 2026

How Foreign Investors Can Structure a Philippine Holding Company in 2026: Tax Optimization, Intercorporate Dividends, and Post-CREATE MORE Act Considerations

A legal guide for foreign investors on establishing a Philippine holding company — covering the tax optimization benefits of intercorporate dividends under the National Internal Revenue Code, the SEC's beneficial ownership disclosure rules and HARBOR registry, CREATE MORE Act (RA 12066) incentives for holding structures, thin capitalization considerations, anti-dummy law compliance, and practical structuring guidance for multi-jurisdiction investment vehicles in 2026.

Joren Lex Tan

Foreign Ownership & Property · June 2, 2026

Philippine REITs for Foreign Investors in 2026: A Guide to SEC Memorandum Circular No. 1 and Strategic Property Investment

The SEC's January 2026 revisions to the REIT Rules — SEC Memorandum Circular No. 1, Series of 2026 — are the latest revision of the Philippine REIT rules. For foreign investors seeking exposure to Philippine income-generating real estate, the new rules expressly list infrastructure and logistics assets as sources of REIT income, let REITs hold assets through unlisted special purpose vehicles and joint ventures, and give sponsors two years to reinvest. This article explains how foreign nationals and foreign-incorporated entities can legally invest in, sponsor, or structure a Philippine REIT in 2026 — covering the expanded qualifying assets, the 60/40 Filipino ownership rule and leasehold-only structures under RA 9856, beneficial ownership reporting under the separate HARBOR registry, tax treatment of REIT dividends and gains, the PSE brokerage account opening process, and a compliance checklist.

Garreth-Daniel Tungol

Family & Estates · May 30, 2026

Foreign Divorce Recognition in the Philippines: A 2026 Legal Guide for Foreign Investors and Their Filipino Spouses

A legal guide to the judicial recognition of foreign divorce decrees in the Philippines under Article 26 of the Family Code — covering the landmark Republic v. Ng (2024) and Republic v. Manalo (2018) rulings, the evolving limping marriage doctrine, the step-by-step procedure before the Regional Trial Court, documentary authentication requirements, annotation in the civil registry, and the practical implications for foreign investors married to Filipino citizens.

Jennifer Denise Gueco

Visas & Immigration · May 28, 2026

SRRV vs SIRV in 2026: A Foreign Investor's Guide to Philippine Permanent Residency

The Philippines offers two flagship long-term residency programs for foreign nationals — the Special Resident Retiree's Visa (SRRV) and the Special Investor's Resident Visa (SIRV). Both grant indefinite stay, but the differences in minimum investment, eligible uses of funds, work rights, and administrative requirements are substantial. This article compares the two to help foreign investors choose the right pathway — with verified legal citations, updated 2026 deposit requirements, and a practical decision framework for each investor profile.

Sarah Camille Francisco

Corporate Compliance · May 26, 2026

Closing Your Foreign-Owned Company in the Philippines in 2026: The New BIR RMC 47-2026 Framework and the Dissolution Procedure

For foreign investors and multinational companies operating in the Philippines, the decision to wind down a Philippine subsidiary, branch office, or ROHQ is never simple — and until recently, the process could be protracted, opaque, and administratively punishing. The Bureau of Internal Revenue's issuance of Revenue Memorandum Circular No. 47-2026 on May 19, 2026 marks a meaningful inflection point: micro taxpayers, and taxpayers with gross sales of up to PHP 3 million or gross assets upon retirement of up to PHP 8 million (including small foreign-invested enterprises), can obtain a tax clearance within three working days of submitting complete documents and paying any outstanding liabilities, and micro taxpayers are not subject to a mandatory audit for closure. This article walks foreign investors step by step through the closure and dissolution procedure for foreign-owned entities in the Philippines — covering BIR registration cancellation under RMC 47-2026 and RA 11976 (the Ease of Paying Taxes Act), Securities and Exchange Commission voluntary dissolution procedures, PEZA or BOI deregistration if applicable, employee separation and DOLE compliance, post-closure tax obligations and the extended prescriptive periods under the McDonald's Philippines Realty Corp. v. CIR doctrine, and the practical checklist every foreign investor's Philippine counsel should run through before initiating wind-down.

Jose Ben Campos

Fintech & Financial Regulation · May 23, 2026

A Foreign Fintech Founder's Guide to Philippine Regulatory Licensing in 2026: From BSP Applications to AMLC Registration

The Philippines has emerged as one of Southeast Asia's most dynamic fintech markets — but for foreign founders and investors looking to build, scale, or launch digital financial services in the country, the regulatory path is a minefield of licensing requirements, moratoriums, capitalization thresholds, and compliance obligations that change year by year. This article explains the Philippine fintech regulatory landscape in 2026, covering the Bangko Sentral ng Pilipinas (BSP) licensing framework, the Securities and Exchange Commission (SEC) registration process for fintech entities, the Anti-Money Laundering Council (AMLC) compliance regime, the National Privacy Commission (NPC) obligations, the Anti-Financial Account Scamming Act (RA 12010) and BSP Circular No. 1213's expanded compliance mandates, and the practical roadmap for foreign investors seeking to establish a compliant fintech presence in the Philippines.

Sarah Camille Francisco

Regulated Sectors · May 19, 2026

Data Privacy Act Compliance for Foreign Companies in the Philippines: RA 10173, NPC Enforcement, and the 2025–2026 Regulatory Landscape

The Philippines' Data Privacy Act of 2012 (Republic Act No. 10173) reaches well beyond companies with a Manila office. If you collect, process, or store personal data of people in the Philippines, you need to know how the law applies to you. This guide covers RA 10173's scope and extraterritorial reach, the obligations of personal information controllers and processors, data subject rights, Data Protection Officer registration, the 72-hour breach notification rule, cross-border transfers, the National Privacy Commission's 2024–2026 issuances on AI systems (NPC Advisory No. 2024-04) and data scraping (NPC Advisory No. 2026-01), the SEC's beneficial ownership rules, and the criminal and administrative penalties at stake — with a practical compliance checklist for foreign companies.

Jose Ben Campos

Visas & Immigration · May 14, 2026

Philippine Visas for Foreign Investors and Business Owners: 9(g), 47(a)(2), SIRV, SRRV, 9(d) and Work Permits Compared

An overview of the Philippine visa and permit options for foreign investors, executives and business owners — the 9(g) work visa and AEP, the 47(a)(2) visa for PEZA- and BOI-registered enterprises, the SIRV, the SRRV, the 9(d) treaty trader visa, and short-term work permits — with the legal basis, requirements, costs and timelines for each.

Joren Lex Tan

Regulated Sectors · May 12, 2026

The Philippine Competition Act for Foreign Investors: Prohibited Conduct, PCC Enforcement, and M&A Notification

Republic Act No. 10667 reaches foreign companies that do business in the Philippines — and foreign deals that affect Philippine markets. This guide covers what you need to know: the per se ban on price-fixing and bid rigging, the rules on abuse of dominant position, the PCC's investigative and penalty powers, and the compulsory merger notification regime, including the thresholds effective March 1, 2026 of PHP 9.1 billion (Size of Party) and PHP 3.8 billion (Size of Transaction), the 30-day filing deadline, the Phase 1 and Phase 2 review timeline, and the gun-jumping rules that can void a transaction.

Daniel John Fordan

Setting Up & Structuring · May 9, 2026

ROHQ vs. Branch vs. Representative Office vs. Subsidiary: Choosing a Philippine Structure as a Foreign Investor

A foreign company can enter the Philippines through a Regional Operating Headquarters (ROHQ), a Branch Office, a Representative Office, or a Domestic Subsidiary. The choice is not merely administrative — it determines your tax liability, the activities you may legally conduct, the capital you must commit, the regulators that oversee you, and whether your parent company answers for Philippine liabilities. This guide compares all four structures under current Philippine law, including the end of the ROHQ preferential rate and the CREATE MORE Act (RA 12066), and offers a practical decision framework.

Garreth-Daniel Tungol

Tax & Incentives · May 7, 2026

VAT on Digital Services in the Philippines: What Foreign Companies Need to Know Under Republic Act No. 12023 and BIR Revenue Regulations No. 3-2025

Republic Act No. 12023 — the VAT on Digital Services Act — fundamentally changed the Philippines' tax treatment of digital services consumed within its borders. For foreign companies that provide software, streaming content, cloud infrastructure, or online advertising to Philippine consumers, or that purchase these services from foreign providers, understanding the new VAT framework is essential to staying compliant in 2025 and 2026. This guide covers the scope of covered digital services, registration requirements under the BIR's VDS Portal, B2B and B2C compliance pathways, VAT rates and exemptions, penalty exposure, and the practical steps foreign companies must take to address their digital services tax obligations.

Sarah Camille Francisco

Corporate Compliance · May 5, 2026

SEC Annual Compliance for Foreign Corporations in the Philippines: MC 9-2026 and the Beneficial Ownership Disclosure Rules of 2026

Two SEC issuances shape annual compliance for foreign-invested enterprises in the Philippines this year: SEC Memorandum Circular No. 9, Series of 2026, which sets the 2026 filing rules for Annual Financial Statements (AFS) and the General Information Sheet (GIS), and SEC Memorandum Circular No. 15, Series of 2025, on beneficial ownership disclosure. This article covers both, the mechanics of filing through the SEC's Electronic Filing and Submission Tool (eFAST), the 2026 deadlines, and the penalties that can follow late or deficient filings.

Jose Ben Campos

Foreign Ownership & Property · May 4, 2026

The Anti-Dummy Law and Beneficial Ownership Transparency: What Every Foreign Investor in the Philippines Must Know in 2026

Commonwealth Act No. 108 — the Anti-Dummy Law — remains one of the most consequential and least understood statutes governing foreign business activity in the Philippines. Against the backdrop of the Philippines' liberalized investment climate and the Securities and Exchange Commission's Memorandum Circular No. 15, Series of 2025 establishing the Beneficial Ownership Disclosure Rules of 2026, beneficial ownership is now on the record with the SEC. This article explains the Anti-Dummy Law's statutory framework, the sectors it continues to affect despite recent reforms, the mechanics of beneficial ownership reporting under the new SEC rules, the criminal and civil consequences of violations, and a practical compliance roadmap for foreign investors seeking to establish or maintain a lawful presence in the Philippine market.

Joren Lex Tan

Tax & Incentives · May 4, 2026

BIR Tax Audits for Foreign Companies in the Philippines: The Resumption of Audits Under RMC 8-2026 and the Revised Procedures of RMO 1-2026

On January 27, 2026, the Bureau of Internal Revenue formally lifted its nationwide suspension of tax audits and field enforcement operations through Revenue Memorandum Circular No. 8-2026, which had been imposed under RMC No. 107-2025. For foreign companies with Philippine operations — whether operating as subsidiaries, branch offices, ROHQs, or representative offices — the resumption of BIR audit activity means that a compliance posture relaxed during the suspension is no longer adequate. This guide covers the revised audit policies, controls, and procedures under RMO 1-2026, with which audits conducted after RMC 8-2026 must comply, the types and phases of BIR tax audits, the rights and obligations of foreign taxpayers during examination, the most common audit findings affecting foreign companies, the penalties and assessment process, and the practical steps foreign investors should take now to prepare their Philippine operations for a renewed enforcement environment.

Joren Lex Tan

Tax & Incentives · April 30, 2026

The CREATE MORE Act: A Foreign Investor's Guide to Republic Act No. 12066 and Its Impact on Your Philippine Tax Strategy

Approved on November 8, 2024, Republic Act No. 12066 — the Corporate Recovery and Tax Incentives for Enterprises to Maximize Opportunities for Reinvigorating the Economy (CREATE MORE) Act — represents the most significant overhaul of the Philippine investment incentives framework since the CREATE Act of 2021. For foreign investors planning entry into the Philippine market, the changes are substantial: reduced income tax rates, extended incentive durations of up to 27 years, VAT exemptions for export enterprises, and a fundamentally restructured incentives architecture under the Strategic Investment Priority Plan. This guide breaks down everything a foreign investor needs to know about navigating the post-CREATE MORE landscape — with detailed analysis of the Enhanced Deductions Regime, the Special Corporate Income Tax option, the SIPP three-tier structure, BIR Revenue Regulations implementing the law, and the practical steps foreign companies should take to optimize their tax position from the moment they establish their Philippine presence.

Sarah Camille Francisco

Employment & Labor · April 28, 2026

Hiring Foreign Employees in the Philippines: A 2026 Legal Guide for Employers and Investors

From Alien Employment Permits under the Labor Code and DOLE DO 248, Series of 2025, to 9(g) work visas under Commonwealth Act No. 613, BOI rules on foreign hires, tax obligations under the National Internal Revenue Code as amended by the TRAIN Law, and recently proposed changes to 9G visa rules — this guide covers the main rules foreign employers, HR directors, and investors should know about legally hiring and employing foreign nationals in the Philippines.

Joren Lex Tan

Disputes & Litigation · April 23, 2026

International Commercial Arbitration for Foreign Investors in the Philippines: The 2026 Legal Framework

RA 9285 and the UNCITRAL Model Law, domestic arbitration under RA 876, the Special ADR Rules, enforcement of foreign awards under the New York Convention, PDRCI, CIAC and ICC arbitration, emergency relief, and the non-arbitral routes (mediation, the courts, and investor-state arbitration) that foreign investors should understand before a dispute arises.

Daniel John Fordan

Fintech & Financial Regulation · April 21, 2026

Anti-Money Laundering Compliance for Foreign Companies in the Philippines: A 2026 Legal Guide

From covered transaction reporting thresholds to FATF delisting milestones and BSP circular enforcement, this guide gives foreign investors a legal overview of AMLA compliance obligations in the Philippines — including who qualifies as a covered person, what transactions must be reported, the consequences of non-compliance, and the practical steps foreign companies can take to manage criminal and regulatory exposure under Republic Act No. 9160, as amended.

Garreth-Daniel Tungol

Foreign Ownership & Property · April 16, 2026

Foreign Ownership Rights in the Philippines: A 2026 Legal Guide to What Foreign Investors Can and Cannot Own

From 100% ownership in export enterprises to zero equity in mass media, Philippine foreign ownership rules are a patchwork of constitutional provisions, statutes, and administrative orders that have evolved significantly since RA 11647 and RA 11595. This guide breaks down exactly what foreign investors can own, in what percentage, and under what conditions — with detailed analysis of the Foreign Investment Negative List, public utility restrictions, retail trade thresholds, land ownership rules, and the sector-specific nuances that every foreign investor must understand before committing capital.

Jennifer Denise Gueco

Tax & Incentives · April 14, 2026

Philippine Withholding Tax on Non-Resident Foreign Corporations: A 2026 Guide for Foreign Investors

Every time a Philippine company pays a foreign service provider, royalty, or dividend to a non-resident foreign corporation, a withholding tax obligation is triggered. BIR RMC No. 24-2026, issued March 30, 2026, has significantly refined how the BIR applies these rules. This guide covers the legal framework, rates, tax treaty implications, and the compliance obligations that foreign investors and their Philippine counterparties must understand.

Sarah Camille Francisco

Regulated Sectors · April 4, 2026

Environmental Compliance for Foreign Investors in the Philippines: ECC Requirements, DENR Permits, and the Regulatory Framework

Foreign companies operating in the Philippines must navigate a complex web of environmental laws — from the Environmental Compliance Certificate under PD 1586 to discharge permits under the Clean Water Act and emission permits under the Clean Air Act. This guide covers every environmental permit, compliance obligation, and penalty that foreign investors need to know.

Jose Ben Campos

Regulated Sectors · April 2, 2026

Foreign Investment in Philippine Renewable Energy: A Legal Guide to 100% Ownership, Service Contracts, and Fiscal Incentives

The Philippines now allows 100% foreign ownership in solar, wind, hydro, and ocean energy projects. This guide covers the legal basis under DOJ Opinion No. 21, DOE Circular No. DC2022-11-0034, the Revised Omnibus Guidelines, RA 9513 fiscal incentives, service contract requirements, and step-by-step entry strategies for foreign renewable energy investors.

Joren Lex Tan

Tax & Incentives · March 31, 2026

Transfer Pricing Compliance for Foreign Companies in the Philippines: A Legal Guide

Foreign companies with Philippine subsidiaries or branches must comply with strict transfer pricing rules. This guide covers the arm's length principle, BIR documentation requirements, materiality thresholds, approved pricing methods, penalties, and advance pricing arrangements under Philippine law.

Daniel John Fordan

Setting Up & Structuring · March 20, 2026

Can a Foreigner Open a Restaurant in the Philippines?

Yes — but the legal path depends on how much you plan to invest. Here's a concise breakdown of the ownership rules, capital requirements, and registration steps for foreign-owned restaurants in the Philippines.

Jose Ben Campos

Setting Up & Structuring · March 9, 2026

Can a Foreigner Be a Sole Proprietor in the Philippines?

Contrary to popular belief, foreign nationals can register a sole proprietorship in the Philippines — but only if they meet strict capital and regulatory requirements under the Foreign Investments Act.

Garreth-Daniel Tungol

Regulated Sectors · March 1, 2026

Philippine Free Trade Agreements: A Guide for Foreign Investors and Businesses

An in-depth legal analysis of the Philippines' free trade agreements — including RCEP, ATIGA, PJEPA, the PH-Korea FTA, and ASEAN dialogue partner agreements — and how foreign investors can leverage preferential tariffs, investment protections, and market access provisions to maximize their Philippine operations.

Sarah Camille Francisco

Corporate Compliance · February 28, 2026

Philippine Corporate Governance Requirements for Foreign-Owned Companies: A Legal Guide

A legal guide to corporate governance requirements for foreign-owned companies operating in the Philippines — covering the Revised Corporation Code (RA 11232), SEC Memorandum Circular No. 24 (2019), independent directors, beneficial ownership disclosure, reportorial obligations, related party transactions, and compliance best practices.

Jose Ben Campos

Foreign Ownership & Property · February 27, 2026

Foreign Ownership in Philippine Retail Trade: A Legal Guide to RA 11595 and the Retail Trade Liberalization Act

A legal guide to foreign ownership in Philippine retail trade — covering Republic Act No. 11595, the amended Retail Trade Liberalization Act, minimum paid-up capital requirements, reciprocity conditions, DTI and SEC registration, the IRR, penalties for non-compliance, and practical strategies for foreign retailers entering the Philippine market.

Joren Lex Tan

Regulated Sectors · February 25, 2026

Import and Export Regulations for Foreign Businesses in the Philippines: A Legal Guide

A detailed legal guide to Philippine import and export regulations for foreign businesses — covering the Customs Modernization and Tariff Act (RA 10863), Bureau of Customs accreditation via the Client Profile Registration System (CPRS), tariff classification, import duties and VAT, restricted and prohibited goods, export requirements, ASEAN Trade in Goods Agreement (ATIGA) preferential tariffs, PEZA and freeport zone benefits, and compliance strategies for foreign investors.

Garreth-Daniel Tungol

Employment & Labor · February 23, 2026

Employment Law for Foreign Employers in the Philippines: A Legal Guide

A legal guide to Philippine employment law for foreign employers — covering the Labor Code (PD 442), alien employment permits, mandatory benefits (SSS, PhilHealth, Pag-IBIG), 13th month pay, termination procedures, leave entitlements, and compliance obligations that every foreign company hiring in the Philippines must understand.

Sarah Camille Francisco

Regulated Sectors · February 21, 2026

Intellectual Property Protection and Trademark Registration for Foreign Companies in the Philippines: A Legal Guide

A legal guide to protecting intellectual property and registering trademarks in the Philippines as a foreign company — covering the IP Code (RA 8293 as amended by RA 10372), the Madrid Protocol, IPOPHL registration procedures, patent and copyright protections, trade secret safeguards, enforcement mechanisms, and practical strategies for foreign businesses securing their IP rights in the Philippine market.

Jose Ben Campos

Setting Up & Structuring · February 20, 2026

Joint Ventures and Partnership Structures for Foreign Investors in the Philippines: A Legal Guide

A detailed legal guide to structuring joint ventures and partnerships in the Philippines as a foreign investor — covering the Civil Code partnership framework, the Revised Corporation Code (RA 11232), Foreign Investments Act (RA 7042 as amended by RA 11647), Anti-Dummy Law (CA 108), equity restrictions, corporate governance, and practical structuring strategies for foreign-Filipino business collaborations.

Joren Lex Tan

Setting Up & Structuring · February 19, 2026

Franchise Regulations for Foreign Brands Entering the Philippines: A Legal Guide

A legal guide to Philippine franchise regulations for foreign brands — covering the regulatory framework, IP Code technology transfer rules, the Retail Trade Liberalization Act, intellectual property protection, withholding tax on royalties, corporate structuring options, and practical compliance steps for international franchisors expanding into the Philippine market.

Daniel John Fordan

Tax & Incentives · February 18, 2026

BOI and PEZA Incentives for Foreign Investors in the Philippines: A Guide to the CREATE and CREATE MORE Acts

A legal guide to investment incentives available through the Board of Investments (BOI) and Philippine Economic Zone Authority (PEZA) under the CREATE Act (RA 11534) and CREATE MORE Act (RA 12066) — covering income tax holidays, special corporate income tax rates, enhanced deductions, duty exemptions, the Strategic Investment Priority Plan, and practical application steps for foreign investors.

Garreth-Daniel Tungol

Setting Up & Structuring · February 15, 2026

SEC Registration Requirements for Foreign Corporations in the Philippines: A Guide

A legal guide to registering a foreign corporation with the Philippine Securities and Exchange Commission, covering branch offices, representative offices, regional headquarters, capital requirements, and the documentary process under the Revised Corporation Code and Foreign Investments Act.

Joren Lex Tan

Fintech & Financial Regulation · December 1, 2025

BSP Merchant Acquisition License: What Fintech Companies Need to Know

Payment system operators looking to engage in merchant acquisition activities must obtain a Merchant Acquisition License from the BSP. This guide covers the requirements, application process, and compliance obligations under the latest 2024-2025 regulations.

Daniel John Fordan

Disputes & Litigation · March 10, 2024

Cyber Libel in the Philippines

Cyber libel is a controversial issue in the Philippines. In 2012, the country enacted the Cybercrime Prevention Act, which includes provisions criminalizing online libel. While the law was aimed at preventing cybercrime, the inclusion of libel as a criminal offense has raised concerns about freedom of expression and press freedom in the country.

Beyond the reading

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