This newsletter provides an update on the laws and regulations that have been passed 2 months before (i.e. newsletter in April will contain laws passed in February). The newsletter aims at highlighting the laws that have a big impact on the businesses in the Philippines.
Any opinions, views, conclusions and other information in this newsletter do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Readers intending to seek legal advice should engage One Asia Lawyers Group, for more information on how to engage us, please send an email to email@example.com
The list of Promulgated laws and Regulations only contains Republic Acts that have been passed by the Congress of the Philippines and Executive Orders of the President of the Philippines. Occasionally, we will include some acceded treaties, pending bills, resolutions, administrative orders, circulars, rules and regulations issued by the relevant governmental agencies, if in our opinion they are important to doing business in the Philippines.
The important laws we choose to discuss may not have always been passed in the month covered, especially when no relevant laws and regulations were passed in that particular month, or the laws passed have minimal impact or relevance to foreign investors.
1. List of promulgated laws
Implementing Rules and Regulations of Republic Act No. 11642, The Domestic Administrative Adoption and Alternative Child Care Act, approved June 28, 2022
– Bureau of Customs (BOC), Customs Administrative Order (CAO) No. 07-2022, Accreditation of Importers, July 05, 2022
– Republic Act No. 11862 – An act Strengthening the Policies on Anti-Trafficking in Persons, Providing Penalties for Its violations, and appropriating Funds therefore Amending for the Purpose Republic Act no. 9208, as Amended, Otherwise, known as the “Anti-Traffickng in Persons Act of 2003”, And Other Special Laws, signed June 2, 2022
– R.A. No. 1840, An Act Amending Sections 1,3, 4,5, 6, 7, 8, 9, 10, 1, 13, 18, 22, 24, 26, and 28 of Republic Act No. 3591, as Amended, Otherwise Known as the Philippine Deposit Insurance Corporation Charter and for Other Purposes, uploaded July 8, 2022
– Department of Labor and Employment – Department of Labor and Employment (DOLE-DMW) Joint Circular No. 01, series of 2022, Defining the Roles and Responsibilities of DOLE and DMW to ensure the Effective and Efficient Implementation of R.A. No. 11641 or the Creation if DMW, July 7, 2022
– Department of Trade and Industry (DTI) Administrative Order No. 22-11, The New Technical Regulation Concerning the Mandatory Product Certification of Liquefied Petroleum Gas (LPG) Pressure Vessels, Systems, Services and Ancillary Products, July 19, 2022
– Food and Drug Administration Circular No. 2017-013-A, Amendment to FDA Circular No. 2017-013, entitled, “Guidelines on the Issuance of Clearance for Customs Release (CFCR) of Radiation Devices by the Food and Drugs Administration – Center fir Device Regulation, Radiation Health, and Research (FDA-CDRRHR)
– Intellectual Property Office of the Philippines (IPOPHL) Memorandum Circular No. 2022-017, Implementing Rules and Regulations for IPOPHL Program on Rewards and Incentives for Service Excellence (IPOPHL PRAISE), Issued July 12, 2022
2. Important Laws Pick Up
Bureau of Customs (BOC), Customs Administrative Order (CAO) No. 07-2022, Accreditation of Importers, July 05, 2022
The BOC issued guidelines on the accreditation of importers which simplified the accreditation procedures including the use of mandatory receipts of electronic notices, and implementing an accreditation information management system making full use of the Information and Communication Technology (ICT).
However, the said guidelines only apply to the following importers:
– Other government agencies or instrumentalities;
– Foreign embassies, consulates, legations, agencies of other foreign governments;
– International organizations with diplomatic status and recognized by the Philippine government, including foreign workers and consultants;
– Foreign officials and employees of foreign embassies, legates, consular officers and other representatives of foreign governments.
The BOC has yet to issue a separate guidelines for the accreditation, registration or monitoring of other types of Importers, such as the following:
– Non-regular importers
– Importers of postal items
– Importers of goods cleared exclusively through informal entry process, unless allowed by the BOC’s automated system
– Registered business enterprises /locators of free zones; and
– Other importers as may be determined by the BOC commissioner.
Non-regular importers, Importers of postal items, Importers of goods cleared exclusively through informal entry process, Registered business enterprises /locators of free zones; and other importers other than those covered by CAO No. 07, 2022 are advised to wait for BOC’s issuance of the separate guidelines for their accreditation and registration.