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EY Doing Business in The Philippines 2017 PDF
EY Doing Business in The Philippines 2017 PDF
in the
Philippines
a
MESSAGE
As one of the fastest growing economies in the Asia-Pacific region, the Philippines,
under the administration of President Rodrigo Duterte, aims at sustaining the
country’s sound macroeconomic fundamentals and investor confidence through its
10-point socio-economic agenda. Towards this end, the Department of Trade and
Industry (DTI) commits to uplift the quality of life of Filipinos by advancing sustainable
and inclusive economic growth that generates employment and entrepreneurship
(Trabaho at Negosyo) opportunities to address inequality, ensuring prosperity for all.
As the Philippines assumes chairmanship of ASEAN’s 50th anniversary this year, this
publication material, “Doing Business in the Philippines”, presents itself as a timely
and relevant information source that significantly highlights the country’s economic
outlook, labor force, investor-related laws, industry trends and challenges, as well as
developments reflecting the country’s new leadership. DTI is confident that SGV and
Co. will remain faithful to its mission of guiding potential investors looking to set up
operations in the Philippines.
RAMON M. LOPEZ
Secretary
b 1
Why you should invest in the Philippines
T eeming with natural resources and boasting of staggering landscapes, the Philippines does not
disappoint those who go the extra mile to reach it. Indeed, nothing compares to the abundance of
diverse natural resources offered by the Philippines. However, it is the Filipino that makes the country
truly wonderful. Even when faced with adversity, Filipinos are the warmest and most easygoing people
anywhere and are noted for their courtesy, hospitality and, most of all, talent. Highly competent, multi-
skilled and trainable, the Filipino worker can surpass any other in dedication and hard work. The country
is blessed with an educated, multi-cultural, bilingual and skilled labor force.
In the 2017 World Bank – International Finance Corporation Doing Business Report, the Philippines has
once again improved its ranking, placing 99th compared to 103rd in the previous year. Since 2011, the
country has climbed 49 spots in the Doing Business Report.
The 2017 report measured regulatory factors that have an impact on the areas of the life of a business.
The Philippines boosted its ranking in protecting minority investors, dealing with construction permits,
paying taxes and enforcing contracts. The country also sustained its position in registering property and
trading across borders. These indicators show that the Philippines has a low-cost, economically sound,
and cosmopolitan environment in which to do business.
2012 2016 The Philippine economy grew 6.6% in the last increase was attributed to five major commodities
Regions (Baseline) (PDP Target, quarter of 2016, for a full-year growth of 6.8%. including coconut oil (146.5%), other mineral
Cities of Marikina, upper range)
Manila, Makati,
Valenzuela, and Region I: Ilocos 5.2 9.2 The posted growth is fueled by higher investment products (104.5%), metal components (66.4%),
Parañaque
Cavite
Region II: Cagayan Valley 8.2 5.7 opportunities and consumption as well as the chemicals (42.15%) and other manufacturers
Cordillera Administrative
Region
1.0 6.5 growth of manufacturing, trade, and real estate, (35.8%). Japan remains the top destination of
Naga National Capital Region 7.3 8.4 renting, business activities. It has enjoyed a Philippine-made goods, followed by the United
Region III: Central Luzon 6.3 9.0 string of upgrades in recent years from credit States and Hong Kong.
Region IV-A: 7.0 7.6
CALABARZON raters recognizing the country’s improving
Region IV-B: MIMAROPA 4.2 6.2 fundamentals. The Philippines continues to enjoy The National Capital Region continues to be
Regio V: Bicol 7.1 8.0 investment grade status since its upgrade by Fitch the leading growth area in terms of population,
Region VI: Western 7.5 8.8
Iloilo
Visayas Ratings, Standard & Poor’s (S&P), and Moody’s residential projects and commercial projects.
Bacolod
Cebu
Region VII: 9.3 12.5 Investor Service in 2013. Cavite, Bulacan, Laguna and Pangasinan in Luzon
Central Visayas
Visayas Region VII: Eastern (6.2) 5.6 complete the top five in population growth.
Visayas In December 2016, growth in foreign workers’
Region IX: Western 12.4 7.5
Mindanao remittances continued to rise, supporting private Cavite, Laguna and Rizal – all in Luzon, and
Cagayan de Oro Region X: Northern 7.4 9.5 consumption at the start of 2017. In terms of Cebu in the Visayas complete the top five in the
Mindanao
Region XI: Davao Region 7.4 8.7
major sectors, industry had the fastest growth residential projects list. Aklan and Cebu in the
Region XII: 8.1 10.1 at 7.6% from 6.5% growth in the previous Visayas, Pampanga in Luzon and Davao del Sur in
Mindanao SOCCSKSARGEN
Davao
year. Services grew 7.4%, while the agriculture Mindanao complete the top five in the commercial
Region XIII: CARAGA 10.6 10.8
ARMM 1.2 3.4 sector reported a 1.1% growth rate. Philippine projects list.
General Santos
merchandise export sales amounted to US$4.87
*Based on the 2014 Cities and Municipalities billion in December 2016, a 4.5% increase from Source: Philippine Statistics Authority
Competitive Index
the recorded value in December 2015. The
2 3
President Duterte’s 10-Point Socioeconomic Agenda Collectively, the industry provides services for a
wide range of prominent Fortune 1000 firms in
North America, Asia, and the European Union.
The Philippines remains to be the global leader
for voice business process management services
and the second-preferred location for non-voice
services, showing capability in areas such as
healthcare, IT, finance and accounting, human
resources and creative processes.
Mining
12 13
other than the sale by a dealer in securities at the DST base for insurance policies, annunities and
rate of one-half of 1% of the gross selling price or pre-need plans and a uniform DST rate on debt
gross value in money of the shares of stock sold, instruments. RR No. 13-2004 implements the
bartered, exchanged or otherwise disposed. provision of the said act.
14 15
Subject to positive list of locations as endorsed II. Export Activities
by the Department of Health (DOH)
1. Production and manufacture of export products
5. Mass Housing (Development of mass housing
units based on a price ceiling of PhP2,000,000) 2. Services exports
The Investments Priorities Plan (IPP)
Only mass housing projects outside Metro Contact centers and non-voice business
Manila may qualify for registration, except for processing activities that will be located in
in-city low-cost housing projects for lease. Metro Manila may no longer be qualified for
incentives by year 2020.
The 2017 IPP was approved by the President products, including Halal and Kosher food into 6. Infrastructure and Logistics, including Local
Rodrigo Duterte in Memorandum Order No. 12 dated semi-finished/intermediate goods or finished Government Unit Public-Private Partnership 3. Activities in support of exporters
28 February 2017, and took effect 15 days after its products. (LGU-PPP) Projects.
publication on 3 March 2017. • Manufacture of modular housing components • Airports and seaports III. Special Laws
and machinery and equipment including parts • Air, land and water transport
The Board of Investments (BOI) has identified 10 and components • Liquefied natural gas (LNG) storage and 1. Industrial Tree Plantation (Presidential Decree
preferred activities for investments in line with regasification facilities (PD) No. 705 – Revised Forestry Code of the
the President’s zero+10-point SocioEconomic Except for modernization projects, only projects • Pipeline projects for oil and gas Philippines)
Agenda, Ambisyon Natin 2040, and the Philippine located outside Metro Manila may qualify for • Bulk water treatment and supply 2. Mining (Republic Act (RA) No. 7942 - Philippine
Development Plan 2017-2022. registration. • Training facilities Mining Act of 1995) - limited to capital
• Testing laboratories equipment incentive
Significant adjustments from the 2014 IPP have 2. Agriculture, Fishery and Forestry • Domestic Industrial Zones 3. Publication or Printing of Books/Textbooks
been introduced in the new IPP with the inclusion • Commercial production of agricultural, fishery • PPP projects (RA No. 8047 - Book Publishing Industry
of more Micro-Small-Medium Enterprise (MSME)- and forestry products Development Act)
oriented, innovation-driven, and health and • Production of seeds and seedlings 7. Innovation Drivers 4. Refining, Storage, Marketing and Distribution
environment conscious activities. The 2017 IPP • Establishment of nurseries and hatcheries • Research and development (R&D) activities of Petroleum Products (RA No. 8479 -
also reflects the administration’s industrial policy to • Other support services and infrastructures • Conduct of clinical trials Downstream Oil Industry Deregulation Act of
bring investments outside of Metro Manila, to favor such as facilities for drying; cold chain • Establishment of Centers of Excellence, 1998)
new players in the industry, and to promote inclusive storage; blast freezing; bulk handling and innovation centers, business incubation 5. Rehabilitation, Self-Development and Self-
and participative economic growth across various storage; harvesting, plowing, spraying and hubs and fabrication laboratories/co-working Reliance of Persons with Disability (RA No.
sectors. dusting; packing houses; trading centers; spaces 7277 - Magna Carta for Persons with Disability)
ice plants in less developed areas; AAA • Commercialization of new and emerging 6. Renewable Energy (RA No. 9513 - Renewable
The list of preferred activities continues to prioritize slaughterhouse; and AAA dressing plant. technologies and products of the Department Energy Act of 2008)
investments in manufacturing particularly in of Science and Technology (DOST) or 7. Tourism (RA No. 9593 - Tourism Act of 2009)
Except for modernization projects for government-funded R&D
industrial goods and agro-processing. Commercial agricultural support services and infrastructure,
production includes not only agriculture and fishery, IV. ARMM List
only projects located outside Metro Manila may 8. Inclusive Business Models
but also forestry products. Priority strategic services qualify for registration.
now include telecommunications and state of the art Medium and large enterprises (MLEs) in The 2017-2019 ARMM List contains the following
engineering, procurement and construction (EPC) agribusiness and tourism sectors that provide priority investment areas:
3. Strategic Services
with the exclusion of ship repair. For housing, the • Integrated circuit design business opportunities to micro and small
price ceiling was reduced from PhP3 million to PhP2 enterprises (MSEs) as part of their value chains. 1. Export Activities
• Creative industries/knowledge-based services
million. Priority on health facilities now includes drug • Export trader and service exporters
a. IT business process management for the
rehabilitation centers. Pipeline projects for oil and 9. Environment or Climate Change-Related • Support activities for exporters
domestic market (i.e. contact centers, data
gas were also added in priority infrastructure. Projects 2. Agriculture, Agri-business/Aquaculture &
analytics)
• Manufacture/assembly of goods and Fishery
b. Animation, software development,
The ARMM List did away with consumer establishment of energy efficiency-related 3. Basic Industries
game development, health information
manufactures but added banking, non-bank financial facilities 4. Infrastructure and Services
management systems, and engineering
institutions and facilities, and energy in its priority • Green ship recycling based on international 5. Industrial Service Facilities
design
activities. standards 6. Engineering Industries
c. Digital or technological start-ups/activities
• Establishment of privately-owned materials 7. Logistics
• Maintenance, repair and overhaul of aircraft
recovery facility 8. BIMP-EAGA Trade and Investment Enterprises
• Charging/Refueling stations for alternative
PRIORITY INVESTMENT AREAS 9. Tourism
energy vehicles, except LPG-run vehicles 10. Energy 10. Health and Education Services and Facilities
• Industrial Waste Treatment • Power generation projects utilizing
I. Preferred Activities 11. Halal Industry
• Telecommunications (only new players may conventional fuels, waste heat and other 12. Banking, Non-Bank Financial Institutions and
qualify for registration). wastes
1. All Qualified Manufacturing Activities including Facilities
• State-of-the-art engineering, procurement, • Establishment of battery energy storage
Agro-Processing 13. Energy
and construction systems
• Manufacture of industrial goods
• Processing of agricultural and fishery 4. Healthcare Services including Drug
Rehabilitation Centers
16 17
The ASEAN Economic Community
THAILAND CAMBODIA SINGAPORE LAOS BRUNEI
The Philippines is one of the five founding of the region’s total trade and inflows. The region
members of the Association of Southeast Asian also represents the third largest market base in
Nations (ASEAN), along with Indonesia, Malaysia, the world in 2015 with more than half under the
Singapore and Thailand. The country is assuming age of 30 and 47.7% living in urban areas.
the chairmanship of the ASEAN and hosting the
ASEAN Summit in 2017, the 50th anniversary of Initially released by the ASEAN Secretariat in
the group. November 2007, the AEC Blueprint sets out
broad and comprehensive directions to guide the
Established on 8 August 1967, the ASEAN is formal establishment of the AEC on 31 December
guided by its basic principles of cooperation, 2015. The Blueprint is mainly built on four pillars:
amity and non-interference and seeks to: (a) a single market and production base, (b) a
highly competitive economic region, (c) a region
• Accelerate economic growth, social progress, of equitable economic development, and (d) a
and cultural development in the region region fully integrated into the global economy.
• Promote regional peace and stability
• Promote active collaboration and mutual The first pillar seeks to create a single market and
assistance on matters of common interest production base through the free flow of goods,
• Provide assistance to each other in the form of services, investment, skilled labor and freer
training and research facilities flow of capital. The second pillar aims to foster MYANMAR MALAYSIA VIETNAM INDONESIA PHILIPPINES
• Collaborate more effectively for the greater business-friendly and innovation-supporting
utilization of agriculture and industry, the regional environment through the implementation AEC 2015: Milestones
expansion of trade, the improvement of of common frameworks, standards and mutual
transportation and communications facilities cooperation across many areas, such as in The ASEAN Secretariat reports the following key 4. Enhanced mobility of skilled people: Cross-
and the raising of the living standards of the agriculture and financial services, competition achievements under AEC 2015: border movement of skilled people and
people policy, intellectual property rights and consumer professionals has been facilitated.
• Promote Southeast Asian studies protection. It also reinforces enhanced transport 1. More liberalized market: Intra-ASEAN import
• Maintain close and beneficial cooperation with connectivity and infrastructure networks. The tariffs have been virtually eliminated and 5. Free trade and comprehensive economic
existing international organizations with similar third pillar seeks to fulfill equitable economic formal restrictions in the services sector partnership agreements: ASEAN businesses
aims and purposes development by reducing barriers between and gradually removed, providing its peoples with are provided with more opportunities to
among Member States, and to achieve higher greater opportunities in trading and doing expand their reach in the external markets,
The launch of the ASEAN Economic Community levels of economic dynamism through creative business within the region. and strengthen their role in regional and
(AEC) in pursuit of the region’s goals gives rise initiatives that encourage small and medium global value chains.
to the formation of an economic powerhouse. enterprises to participate in regional and global 2. Reduced trade costs: Cross-border trading
Collectively, at US$2.4 trillion, they are ranked value chains. The fourth pillar involves an outward processes have been simplified, including 6. A business-friendly and innovation-
as the sixth largest economy in the world and perspective of the AEC to fully integrate into the in customs procedures and rules of origin, supportive environment: This is achieved
the third largest in Asia with an average annual mainstream global economy through a coherent harmonization of technical regulations and through the adoption of common frameworks,
real growth rate of 5.2% between 2007 and approach towards external economic relations, mutual recognition arrangements. standards and mutual cooperation in various
2015. Total trade increased by US$700 billion and with improved participation in global supply areas, such as in agriculture and financial
in the same period and in 2015, foreign direct networks. 3. Improved investment regimes: ASEAN services, and in competition policy, intellectual
investment amounted to US$120 billion, with has become a more attractive investment property rights, consumer protection as well
intra-ASEAN trade comprising the largest share destination for international and domestic as SME development.
investors alike.
18 19
Economy The new Blueprint is envisioned to strengthen ASEAN attracted US$120 billion of FDI in 2015,
AEC by 2025 with the following characteristics 62.5% of which were in the services sector.
%
and indicators:
7
SERVICES
6 1. A Highly Integrated and Cohesive Economy
5
– trade in goods and services, investment
environment, financial integration, inclusion 62.5%
4
and security, facilitating movement of skilled
3
labor and business visitors, and enhancing
2 participation in global value chains 3.3% OTHER
1
2. A Competitive, Innovation, and Dynamic 4.0%
0
2007 2008 2009 2010 2011 2012 2013 2014 2015 ASEAN – effective competition policy, 6.0% AGRICULTURE,
FORESTRY AND
World ASEAN consumer protection, strengthening FISHING
Source: ASEAN Secretariat and WEO-IMF intellectual property rights cooperation, MINING AND
QUARRYING
productivity-driven growth, innovation, 24.2%
research and development, and technology
Population commercialization, taxation cooperation, good
governance, effect, efficient, coherent and
responsive regulations and good regulatory
MANUFACTURING
practice, sustainable economic development,
and global megatrends and emerging trade-
related issues. Major trading partners Major sources of FDI
CHINA INDIA ASEAN EU USA
1,374 million 1,293 million 629 million 507 million 322 million 3. Enhanced Connectivity and Sectoral
18%
Cooperation – transport, information and
Source: ASEAN Secretariat and UN Population Division communications technology, e-commerce, 16%
energy, food, agriculture and forestry,
tourism, healthcare, minerals, and science and 14%
7. Physical improvements in transportation
technology.
and other infrastructure networks: These
improvements have facilitated cross-border 10%
4. A Resilient, Inclusive and People-Oriented,
transportation and contributed to the People-Centered ASEAN – strengthening the 7%
reduction of overall costs of doing business, role of micro, small and medium enterprises,
providing ASEAN peoples and business and the private sector, public-private
the opportunity to work together more partnership, narrowing the development
productively. gap, contribution of stakeholders on regional
integration efforts.
8. Narrowing the development gap: Along with ASEAN EU Japan USA China
the process of regional integration, initiatives 5. A Global ASEAN – more strategic and ASEAN China Japan EU USA Source: ASEAN Secretariat
that help narrow the development gap among coherent approach towards external economic
and within ASEAN Member States have also relations, review existing FTAs, enhance
EY ASEAN Leaders
been put in place. economic partnerships, engage with regional
and global partners, continue supporting ASEAN Regional Managing Partner ASEAN Transactions Leader
multilateral trading system and promoting Max Loh Vikram Chakravarty
AEC 2016-2025: Looking Ahead Email: max.loh@sg.ey.com Email: vikram.chakravarty@sg.ey.com
global and regional institution engagements,
Tel: +65 9637 2881 (Singapore) Tel: +65 6309 8809 (Singapore)
The need to maintain relevance in today’s and actively participating in regional fora.
evolving global economy led to the establishment ASEAN Advisory Leader ASEAN Tax Leader
of the AEC in 2015. To sustain the AEC 2015 In the years to come, ASEAN, with the help of Chow Sang Hoe Yeo Eng Ping
dynamic process, the AEC Blueprint 2025 has the post-2015 agenda, will aim to continue what Email: sang-hoe.chow@my.ey.com Email: eng-ping.yeo@my.ey.com
AEC 2015 has started. Furthermore, aside from Tel: +6012 388 7016 (Malaysia) Tel: +60122715215 (Malaysia)
been incorporated to serve as a guide for ASEAN
economic integration from 2016 to 2025. It expecting new challenges and opportunities,
ASEAN Assurance Leader ASEAN Financial Services Organization Leader
forms part of ASEAN 2025: Forging Ahead ASEAN will ensure the success of the community
Rauf Rashid Nam Soon Liew
Together. building process through efficient institute, Email: abdul-rauf.rashid@my.ey.com Email: nam-soon.liew@sg.ey.com
adequate resources, and effective planning and Tel: +6 0374958728 (Malaysia) Tel: +65 6309 8092 (Singapore)
monitoring.
20 21
With the enactment of the Securities Regulation
Code, however, Rule 5.2, Title II thereof
removed all jurisdiction of the SEC over all cases
enumerated above and transferred jurisdiction to
hear and decide these cases to the regular courts.
With the realignment of its powers, the SEC then
Setting up business in the Philippines shifted its focus to the promotion of capital market
development, in accordance with the mandate of
the Securities Regulation Code.
Corporation Code of the Philippines
(Batas Pambansa Blg. 68)
The Corporation Code is the primary law that
governs the relationship of a corporation with
its shareholders from the setting up of the
corporation to its dissolution. It provides the basic
rules under which a private corporation as an
investment vehicle is governed.
Express registration
To facilitate registering new corporations, the Taxpayers will also have to register with the BIR
SEC operates an “express lane,” with application Revenue District Office (RDO) having jurisdiction
forms specially prepared for specific types of over the place of business of the taxpayer. The
business. Filing normally takes one day, provided book of accounts, invoices, and receipts of a
all necessary documents and prior clearances from taxpayer will have to be registered with the RDO
other agencies are submitted in the morning. before these are used.
The DTI-National Capital Region (DTI- NCR) is one Republic Act No. 7610, otherwise known as the
of the primary government agencies tasked with Local Government Code of 1991, provided for a
the promotion as well as the registration of the more responsive and accountable local govern-
trade and industry sector in the Metro Manila area. ment structure. Local governments were given
more powers, authority, responsibilities and re-
The new administration has committed to making Securities and Exchange Commission Among the services of the DTI-NCR is the sources through a system of decentralization. Each
setting up a business in the Philippines faster The SEC is the government agency responsible for registration of business names as provided under unit is allowed to levy and collect taxes and other
and easier, reducing red tape and streamlining registering, licensing, regulating, and supervising RA No. 3883. Business name registration involves fees, in accordance to the power delegated to them
processes. The requirements for setting up a all corporations and partnerships organized in the the submission of copies of the corporation’s under the Code. All business establishments are
business will depend on the type and location Philippines, including foreign corporations licensed articles of incorporation, by-laws, and SEC required to get licenses and permits from the ba-
of the entity. It will also require registration to engage in business or to establish branch offices certificate of registration to the DTI and the rangay, municipality or city and province where the
with various government agencies, including in the Philippines. payment of a registration processing fee. A business is located. The local government unit im-
the Securities and Exchange Commission (SEC), business name registration is valid for five years. poses taxes, fees or charges to generate revenue
the Department of Trade and Industry (DTI), The SEC is mandated to implement the following through an appropriate ordinance. Each municipal-
the Bureau of Internal Revenue (BIR) and local Philippine laws among others: Bureau of Internal Revenue ity or city has its own revenue code which provides
government units, as appropriate. If the business The BIR is tasked to administer the collection of for the registration procedures and taxation of
qualifies for incentives, it must also be registered PD No. 902-A and the Securities Regulation Code
(SRC) internal revenue taxes pursuant to the Tax Code. businesses in the locality.
with incentives promotion agencies such as the
Philippine Economic Zone Authority and the Board PD No. 902-A dealt with the reorganization of All taxpayers are required to secure from the BIR a
the SEC and conferred upon it the power to hear Local government units also have the power to
of Investments as discussed in page 7. unique Taxpayer Identification Number (TIN) which impose and collect real property taxes from real
and decide on cases involving corporate fraud, will be indicated on all tax returns filed with the
intra-corporate disputes, election cases involving property owners or those enjoying the use of real
BIR. properties.
officers and directors, suspension of payments
proceedings, and rehabilitation proceedings.
22 23
The Philippines at a Glance
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each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not
provide services to clients.
This publication contains information in summary form and is therefore intended for general guidance only. It is not
intended to be a substitute for detailed research or the exercise of professional judgment. Neither SGV & Co. nor any
other member of the global Ernst & Young organization can accept any responsibility for loss occasioned to any person
acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be
made to the appropriate advisor.
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