Department of Energy Issues Comprehensive Guide on the Permitting Requirements for Offshore Wind Energy Projects in the Philippines
The Department of Energy (“DOE“), in collaboration with Southeast Asia Energy Transition Partnership (“ETP“), has launched the “Compendium: Guidebook to Permitting and Consenting for Offshore Wind Energy in the Philippines” (“Compendium“). The Compendium was issued pursuant to Executive Order No. 21, series of 2023, and reinforces the country’s national goal of streamlining energy permitting processes while ensuring environmental stewardship. It directs the creation of a unified permitting system for Offshore Wind (“OSW“) energy projects and integrates with the Energy Virtual One-Stop Shop System, a digital platform operated by the DOE that consolidates energy-related permits into a single online system.
The Compendium captures 80 permitting requirements for OSW energy projects in the Philippines. It is intended to be an industry tool that will help agencies, project developers and other stakeholders to understand and navigate the complex permitting process across the OSW project lifestyle, composed of three major phases: (i) pre-development phase; (ii) development phase; and (iii) decommissioning phase.
The Compendium supplies the appropriate regulatory requirements and timelines for each step in the OSW project lifecycle. It covers best practices for marine spatial planning, environmental impact assessment and community consultations. The Compendium emphasises the roles of agencies, such as the Department of Environment and Natural Resources, Maritime Industry Authority, Department of Transportation, National Mapping and Resource Information Authority, Philippine Coast Guard and the National Commission on Indigenous Peoples, for an efficient and seamless permit compliance.
Securities and Exchange Commission Issues Guidelines on the Operations of Crypto-asset Service Providers
On 30 May 2025, the Securities and Exchange Commission (“SEC“) issued Memorandum Circular No. 5, series of 2025 (“CASP Guidelines“) and Memorandum Circular No. 4, series of 2025 (“CASP Rules“) covering crypto-asset service providers (“CASPs“) including third-party service providers engaged in the marketing of crypto-assets and crypto-asset services.
The CASP Guidelines were issued pursuant to the SEC’s mandate under the Securities Regulation Code (“SRC“) to regulate securities, ensure investor protection and prevent fraudulent practices in the financial markets. The CASP Guidelines cover a broad range of activities such as crypto trading, marketing, exchange services and operations of crypto-asset platforms.
Under the CASP Rules in relation the CASP Guidelines, CASPs are entities that, as a business, offer or engage in the provision of one or more crypto-asset services, including by making available a digital platform that provides those services. The CASP Guidelines require CASPs to secure a licence to operate from SEC prior to conducting business in the country. In addition, CASPs must also comply with continuing regulatory requirements, including minimum capital thresholds, disclosure obligations, cybersecurity protocols and anti-money laundering measures, among others. SEC also mandates the implementation of risk management systems to protect consumer funds and market integrity. However, SEC may grant exemption from registration after determining that the order granting an exemption application is consistent with the public interest and the protection of investors.
Notably, the CASP Guidelines reinforce the classification of certain crypto-assets as securities in terms of regulation by subjecting their issuers and intermediaries to SRC compliance, including registration of crypto-assets, licensing of brokers or dealers and anti-fraud provisions. To ensure compliance, the CASP Guidelines provide penalty provisions including administrative sanctions, fines, and criminal prosecution.
National Privacy Commission Releases Guidelines on the Processing of Data Collected Using Body-worn Cameras and Alternative Recording Devices
On 26 May 2025, the National Privacy Commission (“NPC“) issued NPC Circular No. 2025-01 (“Circular“), which provides guidelines on the processing of personal data collected using body-worn cameras (“BWCs“) and alternative recording devices (“ARDs“). The Circular establishes protocols for the protection of data subjects’ personal data and their data privacy rights, ensuring accountability in personal data processing activities involving BWCs and ARDs.
The Circular applies to personal information controllers (“PICs“) and personal information processors (“PIPs“). PICs are those who control the collection, holding, processing or use of personal information, including a person or organisation who instructs another to do such things on his or her behalf. PIPs are those whom a PIC may outsource the processing of personal data pertaining to a data subject.
The Circular also covers law enforcement officers during the conduct of their operations, vloggers, security guards and all those engaged in the processing of personal data collected using BWCs and ARDs. The Circular does not apply to footage which is not uploaded, posted, published or otherwise shared online and is for purely personal, family or household affairs that are not intended for profit or commercial gain. However, it must be noted that the totality of the circumstances shall be examined to determine whether the specific activity falls under the exceptions.
The processing of personal data through BWCs or ARDs shall be subject to lawful basis and the general principles of privacy, including transparency, legitimate purpose, proportionality and fairness. The Circular took effect on 10 June 2025.
Intellectual Property Office of the Philippines Prescribes New System for the Declaration and Creation of the Register of Well-known Marks Rules
Effective 28 April 2025, the Intellectual Property Office of the Philippines (“IPOPHL“) issued Memorandum Circular No. 2025-009 or the “Rules and Regulations for the Declaration and Creation of the Register of Well-Known Marks” (“Circular“), establishing a formal administrative framework for the recognition of well-known marks and creating the IPOPHL Register of Well-Known Marks (“Register“). A well-known mark refers to a mark that has been declared as such by any competent authority in accordance with the criteria set forth in the Intellectual Property Code, relevant Supreme Court issuances and the Circular itself.
Previously, well-known status could only be established through adversarial proceedings before the IPOPHL or regular courts. With the establishment of the Register and the introduction of an ex parte application process, trademark owners may now secure such declarations through a more streamlined and cost-efficient process. The Circular prescribes the documentary and substantive requirements for the application and sets out the mandatory criteria for determining whether a mark qualifies as well-known.
The Circular provides that a declaration of well-known mark constitutes prima facie evidence of the well-known status of the mark with respect to goods and services stated in the application. The declaration shall also result in the inclusion of the mark in the Register, which the examiners will consider during the ex-parte examination proceedings of trademark applications. The Register is in effect and operational.
Philippine Competition Commission Increases its Threshold for Mergers and Acquisitions
The Philippine Competition Commission (“PCC“) announced that the notification thresholds for mergers and acquisitions (“M&A“) was raised from a size of party (“SOP“) of PHP7.8 billion (approx. US$139.29 million) to PHP8.5 billion (approx. US$151.79 million) and from a size of transaction (“SOT“) of PHP3.2 billion (approx. US$57.14 million) to PHP3.5 billion (approx. US$ 62.5 million). SOP refers to the total value of assets in the Philippines or the gross revenues in, into or from the Philippines of a party’s ultimate parent entity (“UPE“), including all entities the UPE controls, directly or indirectly. SOT generally pertains to the value of the assets to be acquired and/or gross revenues generated by such assets or of the acquired entity and entities it controls, depending on the type of transaction.
The adjusted thresholds were effective from 1 March 2025. Notifications filed before 1 March 2025, ongoing M&A reviews and transactions already decided by PCC will not be affected.
The thresholds are adjusted annually based on the country’s previous year’s nominal gross domestic product. This development is in line with PCC’s authority to review M&A to prevent deals that could substantially prevent, restrict or lessen competition in the relevant market.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice
