Support Measures

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PHILIPPINES: SEC Waives Fines and Other Monetary Penalties for Non-filing and Late Filing of Reportorial Requirements

Republic Act No. 11491, or the Bayanihan Act 2, enumerates response and recovery interventions to mitigate the economic impact of the COVID-19 pandemic in the country. One of the interventions include a directive to the Securities and Exchange Commission ("SEC") and other agencies to provide regulatory relief to affected business activities and transactions.

Pursuant to the directive, SEC issued Memorandum Circular No. 31, Series of 2020 which waives the imposition of fines and other monetary penalties for violations incurred from 14 September 2020 to 19 December 19 2020. These violations refer to non-filing or late filing of General Information Sheets, Audited Financial Statements, and other reportorial requirements that SEC may require, and non-compliance with compulsory notification.

PHILIPPINES: Bayanihan to Recover as One Act Signed into Law

On 11 September 2020, President Rodrigo R. Duterte signed into law Republic Act No. 11494, entitled “An Act Providing for COVID-19 Response and Recovery Interventions and Providing Mechanisms to Accelerate the Recovery and Bolster the Resiliency of the Philippine Economy, Providing Funds Therefor, and for other Purposes” (“Bayanihan Act 2”).  The Bayanihan Act 2 took effect on 15 September 2020 and will be enforced until 19 December 2020.  The law aims to further mitigate the economic losses and enhance the financial stability of the country amidst the COVID-19 pandemic.

PHILIPPINES: BIR Adopts Fast-track Measures and Removes the Requirement of Submission of Photocopies of Documents Evidencing Credit Extensions and Credit Restructurings

The Bureau of Internal Revenue (“BIR”) has issued Revenue Memorandum Circular No. 071-2020 to circularise the advisory for the adoption of fast-track measures during the COVID-19 state of calamity issued by the Anti-Red Tape Authority (“ARTA”) through ARTA Advisory No. 01, Series of 2020 (“Advisory”). The Advisory applies to all government offices and agencies including local government units, government-owned or -controlled corporations, and other government instrumentalities, whether located in the Philippines or abroad, that provide services covering business and nonbusiness-related transactions. The suggested measures include extending the validity of permits, licenses, certifications, and other similar authorisations that are expiring within the period of the State of National Emergency.

BIR has also issued Revenue Memorandum Circular No. 072-2020 to remove the requirement of submission of photocopies of documents evidencing credit extensions and credit restructurings granted by covered institutions during the enhanced community quarantine.

PHILIPPINES: Securities and Exchange Commission provides options for the submission of Reports, Applications, and Other Documents

Based on a notice issued by the Securities and Exchange Commission ("SEC") dated 24 June 2020, in light of the imposition of community quarantine in the National Capital Region due to the COVID-19 pandemic and the continuous need to comply with social distancing requirements and other public health measures in the receiving, processing and submission of documents, the covered companies (i.e., investment companies, registered issuers of proprietary and non-proprietary shares/timeshares, public companies, corporate governance institutional training providers and publicly-listed companies under the supervision of the Corporate Governance and Finance Department are advised to file or submit their reports, applications, requests, compliance, and other documents to the SEC, via courier services or  electronic email, or both courier services and electronic email.

PHILIPPINES: Cebu City Under Enhanced Community Quarantine; Makati City Allows Payment of Realty and Business Taxes Online

Due to the rising number of COVID-19 cases and pursuant to Resolution No. 46-A of the Inter-Agency Task Force for the Management of Emerging Infectious Disease, the local government of Cebu City, through Cebu City Executive Order No. 082 dated 17 June 2020 (“Order”), has imposed an enhanced community quarantine (“ECQ”) over its territory. Pursuant to the Order, a mandatory stay-at-home order is enforced for all residents. Travel and movement outside homes of residents of Cebu City shall be limited only to accessing basic necessities and services. Only one member of the household is allowed to leave the home. The travel and movement restrictions do not apply to several groups of residents including medical practitioners and health workers, emergency personnel, and authorised national and local government officials and employees.

In another development, the local government of Makati City announced on 17 June 2020 that the second-quarter payments for real property taxes and business taxes can be made online through this website: https://makationlinepayments.com/.

PHILIPPINES: BIR Further Extends Deadlines, Suspends Assessment, and Collection of Deficiency Taxes Due to Enhanced Community Quarantine

The Bureau of Internal Revenue has issued several circulars and regulations to, among other things, further extend the deadlines for the filing of documents and payment of taxes, as well as suspend the assessment and collection of deficiency taxes due to the various ongoing quarantine restrictions in the Philippines.

PHILIPPINES: DTI Issues Guidelines on Refund Concessions for Events Affected by the State of Public Health Emergency

The Department of Trade and Industry issued Memorandum Circular No. 2020-30 to provide economic relief to all persons and businesses who scheduled events that were cancelled or scaled-down in view of the public health emergency and social distancing measures imposed by the government

PHILIPPINES: BIR Further Extends Deadlines, Suspends Assessment, and Collection of Deficiency Taxes Due to Enhanced Community Quarantine

The Bureau of Internal Revenue ("BIR") previously issued Revenue Regulations No. 007-2020, as amended by Revenue Regulations No. 010-2020, extending the deadline for the submission and/or filing of certain documents and/or returns as well as payment of certain taxes. On 29 April 2020, BIR issued Revenue Regulations No. 011-2020  further extending the deadlines to submit, file and/or pay the necessary documents and/or taxes required under the National Internal Revenue Code, as amended, as well as in the existing revenue regulations.  The extension of due dates is applicable throughout the Philippines. 

PHILIPPINES: Extension of Deadlines of Payment Obligations and Submission Requirements, and Implementation of Other Measures to Provide Relief to Electricity Consumers

The Department of Energy ("DOE") extended the deadlines for the payment of certain obligations in the energy supply chain, such as those due to the Power Sector Assets and Liabilities Management Corp. (PSALM), the National Power Corporation (NPC), the National Transmission Corporation (TRANSCO), the National Grid Power Corporation (NGCP) and the Independent Electricity Market Operator (IEMOP), and also directed public and private corporations in the energy supply chain to extend the payment deadlines of their customers.  The DOE also issued guidelines for the remittance and utilization of host community funds for a targeted COVID-19 response and directed the grant of relief to electricity consumers, both individual and corporate.

The Energy Regulatory Commission (ERC) also extended the deadlines for the payment of certain obligations in the energy supply chain, and also the submission of certain documents, and directed other energy sector participants to similarly extend certain payment deadlines.  It temporarily suspended the collection of the feed-in tariff allowance (Fit-All) and granted interim relief to the National Grid Power Corporation (NGCP) that will effectively reduce the transmission tariff borne by electricity consumers.

PHILIPPINES: Control and Support Measures in the Philippines Amid the COVID-19 Pandemic

On 16 March 2020, the Philippine President declared a State of Calamity throughout the Philippines for a period of six months and imposed an Enhanced Community Quarantine ("ECQ") throughout Luzon (the biggest island in the Philippines where Metro Manila is located) until 12 April 2020.  The ECQ was subsequently extended to 30 April 2020. 

In order to optimise the government’s efforts in responding against the health and economic costs posed by the COVID-19 pandemic, the Philippine Congress enacted Republic Act No. 11469, or the Bayanihan to Heal as One Act ("Act").  The Act granted the President certain emergency powers and the authority necessary to carry out urgent measures, including the authority to direct the operation of privately-owned hospitals and medical and health facilities, and ensure availability of essential goods, among others.  The Act also authorised and prioritised the augmentation of the operational budget of government hospitals, calamity funds, and budget of various social amelioration programs. 

On 24 April 2020, the Philippine President announced the extension of the ECQ in Metro Manila, Central Luzon (except Aurora which is under general community quarantine), CALABARZON (Cavite, Laguna, Batangas, Rizal, and Quezon), and other high-risk areas in Luzon until 15 May 2020. Moderate-risk and low-risk areas in Luzon will be placed under general community quarantine starting 1 May 2020. The President also placed some areas in Visayas and Mindanao under ECQ.

PHILIPPINES: BIR Eases Procedures and Provides Reliefs Including those that are Related to Needed Healthcare Equipment in View of the ECQ

The Bureau of Internal Revenue ("BIR") has extended deadlines, suspended assessment and collection of deficiency taxes, and exempted the importation of needed healthcare equipment or materials from certain taxes and duties in view of the Enhanced Community Quarantine ("ECQ") imposed by the Philippine government in response to the worsening COVID-19 outbreak in the Philippines.  The quarantine was announced in the evening of 16 March 2020 and was scheduled to end on 30 April 2020.  On 24 April 2020, President Rodrigo Duterte announced another extension of the ECQ in high-risk areas which include Metro Manila, Central Luzon, the CALABARZON Region (Cavite, Laguna, Batangas, Rizal and Quezon), the island of Cebu, the provinces of Davao del Norte, Davao de Oro, and Davao City, among other areas until 15 May 2020.