Common Questions
Asked often. Answered plainly.
The questions we hear most from foreign investors, business owners, and families. If yours isn’t here, send it — a plain answer is part of the job.
We are a full-service Makati firm with a litigation core, acting for Philippine businesses, foreign investors, and private clients. Our work covers market entry and corporate matters, M&A, disputes and litigation, labor, real estate, intellectual property, data privacy, technology and AI regulation, competition, energy, and election and legislative matters. If your matter falls outside that list, ask anyway — we will tell you plainly whether we are the right firm for it.
Fees depend on the scope and complexity of the work. Depending on the matter, we charge fixed fees, hourly rates, or — where appropriate — contingent fees. We explain the fee structure in your first consultation, before you commit to anything.
Send a short description of your matter through the contact form, email info@ttfc.law, message us on WhatsApp at +63 997 506 5414, or call (02) 5310 5008. We aim to reply within one business day to set a time — at our Makati office or by video call.
Yes. Most of the work can be handled remotely, by email, WhatsApp, and video call. When documents have to be signed abroad, we tell you how to have them notarized and apostilled — or authenticated by a Philippine embassy or consulate — so they can be used here, and we prepare the authority for anyone who needs to act for you locally.
Not by itself. The lawyer–client relationship begins when we agree to take on your matter. We treat every inquiry with discretion, but please hold back confidential documents until we have run a conflict check and confirmed the engagement.
Often, yes. Under the Foreign Investments Act, foreigners may own up to 100% of a Philippine enterprise unless its activity appears on the Foreign Investment Negative List, which reserves certain activities wholly or partly to Filipinos — mass media and many professions, for example. A company with more than 40% foreign equity that serves the domestic market generally needs at least US$200,000 in paid-in capital, reduced to US$100,000 for enterprises that use advanced technology, are endorsed startups, or employ at least 15 Filipinos who make up the majority of the workforce.
Read the guide →Registration with the Securities and Exchange Commission comes first: reserving the name and filing the articles of incorporation and by-laws. Then come the local and national registrations — a barangay clearance and business permit from the city, registration with the Bureau of Internal Revenue, and employer registration with SSS, PhilHealth, and Pag-IBIG — plus any license your activity requires from a regulator. Depending on the structure and the city, the whole process takes from a few weeks to a few months.
Read the guide →A subsidiary is a separate Philippine corporation, so its liabilities generally stay with it. A branch is part of the foreign company itself, which remains liable for the branch’s obligations, and branch profits remitted abroad are generally subject to a 15% branch profit remittance tax. A representative office cannot earn income here — it may only promote, gather information, and coordinate for its head office, which must fund it with at least US$30,000 a year. A regional operating headquarters serves affiliates in the region and is taxed as a regular corporation.
Read the guide →Yes, with limits. The corporate secretary must be a Filipino citizen residing in the Philippines, and the treasurer must be a resident. In activities partly reserved to Filipinos, foreigners may sit on the board only in proportion to the foreign equity allowed, and the Anti-Dummy Law bars them from management and operational roles in those businesses, except as authorized technical personnel.
Read the guide →Foreign investors may repatriate capital and remit profits. Dividends paid to a foreign corporate shareholder are generally subject to a 25% final withholding tax, which may be lower under a tax treaty or the tax-sparing rule; profits a branch remits to its head office are generally subject to a 15% remittance tax. Registering the investment with the Bangko Sentral lets you buy the foreign currency from Philippine banks.
Read the guide →No. The Constitution reserves private land to Filipino citizens and to corporations at least 60% Filipino-owned. The main exceptions are inheritance by intestate succession (as a legal heir, not under a will) and limited purchases by former natural-born Filipinos. Foreigners can own condominium units, as long as foreign ownership in the project stays within 40%, and qualified foreign investors can lease private land for up to 99 years under RA 12252. Marriage to a Filipino does not change the rule, and arrangements that put land in a Filipino’s name for a foreigner’s benefit are void — as the Supreme Court’s 2025 ruling in Neunzig v. Court of Appeals shows.
Read the guide →Due diligence on the title and the seller — including a certified true copy of the title from the Registry of Deeds and checks on unpaid taxes and liens; negotiating and signing the deed of sale; paying the capital gains tax, documentary stamp tax, and local transfer tax; securing the BIR’s electronic Certificate Authorizing Registration (eCAR); and registering the transfer with the Registry of Deeds, which then issues a new title in the buyer’s name.
Usually a few months. Most of the time goes to the BIR’s issuance of the eCAR and to the Registry of Deeds’ processing. We track each step with the BIR, the local treasurer, and the Registry so it doesn’t stall.
Under RA 12252, which amended the Investors’ Lease Act in 2025, qualified foreign investors can lease private land for up to 99 years for approved investment projects — replacing the old 50-year term with a single 25-year renewal.
Read the guide →Yes, with the right permits. Most foreign nationals need an Alien Employment Permit (AEP) from the Department of Labor and Employment and a work visa — commonly a 9(g) pre-arranged employment visa — from the Bureau of Immigration. Some roles and visa categories are exempt or follow different rules, so check before the person starts work.
Read the guide →Only for a just cause — such as serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, or willful breach of trust — or an authorized cause — such as redundancy, retrenchment to prevent losses, or closure — and only after due process. For just causes, that means a written notice of the charges, a real opportunity to be heard, and a written notice of the decision; for authorized causes, written notice to the employee and to DOLE at least 30 days before the effective date. An employee who is illegally dismissed is generally entitled to reinstatement and full backwages.
Read the guide →For authorized causes, generally yes. Redundancy and the installation of labor-saving devices require at least one month’s pay per year of service; retrenchment, closure not caused by serious losses, and termination for disease require at least half a month’s pay per year — in every case, not less than one month’s pay. Closure due to serious business losses does not require separation pay, and neither, as a rule, does dismissal for a just cause.
Employees who do work that is necessary or desirable to the business are generally regular, whatever their contract says, and probationary employment can last no more than six months. Fixed-term and project employment are valid only in limited situations. Labor-only contracting is prohibited: if a contractor lacks substantial capital or control over the work, the principal is treated as the employer.
Read the guide →It varies widely. A straightforward civil case can take one to two years in the trial court; complex cases, with appeals, can take five years or more. That is why many commercial contracts — especially cross-border ones — provide for arbitration or mediation, and why we look for the fastest route that still protects your position.
Yes, through the Philippine courts. A foreign court judgment is enforced by filing an action here; the judgment is presumptive evidence of a right and can be challenged only on limited grounds, such as lack of jurisdiction or notice, collusion, fraud, or a clear mistake of law or fact. Foreign arbitral awards are recognized and enforced under the New York Convention, to which the Philippines is a party, on similarly narrow grounds.
Read the guide →It is a formal written demand — for payment, for performance, or for the other side to stop — usually sent before a case is filed. Where the law requires a demand, it puts the other party in default, and it often leads to a settlement without litigation.
File an application with the Intellectual Property Office of the Philippines (IPOPHL). It is examined, published for opposition, and — if no one successfully opposes it — registered. The Philippines follows a first-to-file rule, so register before you launch, and note that the owner must file a Declaration of Actual Use within three years of the filing date. Foreign owners can also designate the Philippines through the Madrid Protocol.
Read the guide →Copyright protects original works — software, text, music, art, and designs — and arises automatically when the work is created. A trademark protects the names, logos, and other signs that identify your goods or services, and in the Philippines trademark rights come mainly from registration.
It can. The Act reaches processing outside the Philippines when it involves personal information about Philippine citizens or residents and the company has a Philippine link — such as a local office, branch, or subsidiary, or a contract entered into here. Covered organizations must appoint a data protection officer, maintain security measures, register with the National Privacy Commission where the thresholds apply, and report qualifying personal data breaches to the Commission and affected individuals within 72 hours.
Read the guide →Not between two Filipino citizens, except for Muslim Filipinos under the Code of Muslim Personal Laws. But when a Filipino is married to a foreigner and a valid divorce is obtained abroad, the Filipino spouse can have it recognized by a Philippine court and remarry — the Supreme Court has held that this applies even when the Filipino spouse filed for the divorce. Otherwise, the options are a declaration of nullity, annulment, or legal separation.
Read the guide →A declaration of nullity is for a marriage that was void from the start — for example, where a party was already married, or was psychologically incapacitated to comply with the essential marital obligations. Annulment is for a marriage that was valid when celebrated but defective: lack of parental consent for a party aged 18 to 21, insanity, fraud, force or intimidation, impotence, or a serious and apparently incurable sexually transmissible disease. Both require a court case.
Your question, specifically
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