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Cgrlaw & Associates Law Offices, Salcedo Village, Makati (2026)

25/08/2026

Critical Minerals Push: EO 122 Signals a Clearer Path for Responsible Mining & Downstream Value

President Marcos signed Executive Order No. 122 on 21 August 2026, establishing a unified national policy framework for the Philippines’ critical minerals industry. The order prioritizes exploration, development, and—most importantly—downstream processing of minerals essential for batteries, renewable energy technologies, electronics, and advanced manufacturing.

Key features include:

• DENR to issue a Philippine Critical Minerals List within 30 days
• Strict “use it or lose it” policy on mining tenements
• Virtual one-stop shop and simultaneous permitting (while retaining environmental and social safeguards)
• CREATE Act incentives for refining, battery production, and related industries
• Priority ore access for domestic processors
• Reorganized Mining Industry Coordinating Council (DENR–DOF co-chairs)

This aligns with 100% foreign ownership already allowed in renewable energy projects and the country’s participation in Pax Silica—the U.S.-led initiative to secure allied supply chains for critical minerals, semiconductors, and AI. German interest has already been publicly noted, citing the improved regulatory certainty for long-term processing investments.

How does this sit with existing mining rules and past bans?

The Philippines still operates under the Philippine Mining Act (RA 7942) and constitutional limits on mineral agreements (generally 60% Filipino ownership, with FTAAs available for large-scale projects). Earlier open-pit mining restrictions and the long moratorium on new mineral agreements constrained the sector for years. Those national barriers have since been lifted, but strong local restrictions remain (e.g., Palawan’s long-term ban on new mining and temporary provincial measures elsewhere). EO 122 does not create a free-for-all. It explicitly retains environmental, social, and community safeguards and emphasizes responsible, value-adding development over pure extraction.
For clients and investors, the practical takeaway is clearer: the policy direction favors projects that move beyond raw ore exports toward domestic processing, battery materials, and RE-linked supply chains—while still requiring rigorous compliance with permitting, rehabilitation, and ESG standards.

At CGRLAW, we are tracking the forthcoming Critical Minerals List, implementing rules on the one-stop shop, and the interplay with existing DENR/MGB requirements. Happy to discuss structuring, foreign investment pathways, or compliance implications for your project.

What are your thoughts on how this shifts the investment landscape?

23/08/2026

This week’s BSP Monetary Board meeting (27 August) is not just a rates call — it is a risk and compliance event for banks and corporate borrowers alike.

With July inflation still at 6.2% and the full-year forecast at ~6.4%, while Q2 GDP slowed to 2.3%, Governor Remolona has kept policy options open and underscored upside risks. Whether the Board delivers another 25-bp hike or holds, the decision will immediately feed into several risk and compliance areas:

For banks and lenders

• Interest rate risk and net interest margin pressure under existing IRRBB frameworks
• Potential rise in credit risk and NPL formation, requiring closer monitoring of early warning indicators and provisioning adequacy
• Liquidity and funding risk as deposit pricing and loan demand respond
• Heightened supervisory focus on asset quality, stress testing, and capital planning in the next examination cycle

For corporate borrowers and project sponsors

• Repricing of floating-rate facilities and revolving lines, with direct impact on debt-service coverage and financial covenants
• Need to update internal stress tests and board-level funding risk assessments
• Possible tightening of bank credit appetite, which can affect covenant waivers, refinancing timelines, and project finance drawdowns

Boards, CFOs, and compliance/risk officers should treat this meeting as a trigger to review interest-rate and credit-risk exposures, covenant headroom, and contingency funding plans.

How is your organization preparing for the possible transmission of another rate move into your risk and compliance framework?

20/08/2026

Labor Advisory No. 14, Series of 2026
(Issued 19 August 2026)

DOLE has clarified the rules on work suspension in the private sector during weather disturbances and similar emergencies.

Key Points (Simplified):

1. Employers may suspend work�Private companies can suspend operations to protect employees’ safety and health during typhoons, heavy rains, floods, etc. This is a management prerogative, preferably done in coordination with the company’s safety committee or safety officer.

2. Pay Rules
• Did not report for work → No regular pay�(Exception: if company policy, practice, or CBA grants payment, or if the employee uses leave credits)
• Reported and worked →� • At least 6 hours = full day’s pay� • Less than 6 hours = proportionate pay
• Employers are encouraged to give extra incentives to those who still reported for work.

3. No punishment for employees�Workers who refuse or fail to report because of imminent danger from the weather cannot be subjected to any administrative sanction.

Easy Example:

It’s a rainy Tuesday. PAGASA raises Signal No. 2 and flooding is expected in your area.
• Your company decides to suspend work for safety.
• Maria stays home → No pay (unless your company has a more generous policy or she uses her leave).
• Juan still reports and works 7 hours → Full day’s pay + possible incentive.
• Ana reports but only works 3 hours because the roads became dangerous → She gets 3/8 of her daily wage (proportionate).
• Pedro refuses to report because the waters are already rising near his house → The company cannot discipline him.

Bottom line: Safety first, but clear pay rules apply. Always check your company policy or CBA — they may be more beneficial than the minimum under this Advisory.

Stay safe, everyone! 🌧️

20/08/2026

Zero-Export Solar Guidelines (DOE DC 2026-08-0017) – Faster Path for Own-Use Projects?

The Department of Energy has issued a welcome streamlining measure for businesses and households looking to install solar for self-consumption only.

Under Department Circular No. DC2026-08-0017 (Policy Guidelines for Self-Generating Facility Zero-Export Solar Systems and Micro-Solar Systems for Own-Use), the DOE has significantly reduced regulatory friction for systems that do not export electricity to the grid.

Key highlights:

• Micro-Solar Systems (plug-and-play, ≤1 kW DC / ≤0.8 kW AC): Exempt from building permits and ERC Certificate of Compliance. Only a simple post-installation notice to the distribution utility is required.
• Zero-Export Solar Systems (any capacity, own-use only):�– Notification to the host DU + LGU building permit.�– ERC COC generally required, but exempt for households, clinics, hospitals, and other medical facilities.�– Fully off-grid/isolated systems need no DU notification.
• Distribution utilities are prohibited from imposing pre-installation clearances, technical permits, or inspection fees. They also cannot downgrade your transformer or service drop capacity simply because you installed solar.
• Any Distribution Impact Study is for the DU’s own planning and must be shouldered by the utility — it cannot delay or block installation.

This policy supports the country’s RE targets (35% by 2030, 50% by 2040) while making decentralized, behind-the-meter solar more accessible and bankable for commercial and industrial users who prioritize energy cost savings and resilience over export credits.

Practical takeaway for clients:

If your company has been waiting for clearer rules before proceeding with own-use rooftop or facility solar, the path is now faster and more predictable — especially for zero-export configurations. Proper classification, anti-export controls, and documentation remain critical to stay compliant and avoid unintended “non-compensated export” issues.

Is your organization evaluating own-use solar under these new guidelines?

We’re happy to help assess eligibility, documentation requirements, and risk allocation under the circular.

18/08/2026

Is it too late to invest in renewable energy in the Philippines?
Far from it.

The country is still in the early innings of a multi-decade build-out. Government targets call for 35% renewable energy in the power mix by 2030 and 50% by 2040. Cumulative RE capacity is projected to rise from roughly 7 GW in 2025 toward 30 GW by 2035, with solar alone expected to expand dramatically and wind (including offshore) gaining serious traction.

Recent years have seen record investment inflows, full foreign ownership allowed for solar, wind, hydro, and ocean projects, successive Green Energy Auction rounds, and a surge in rooftop and C&I solar driven by shorter payback periods (now around three years in many cases) and high electricity prices. Battery storage, hybrid projects, floating solar, and agrisolar are moving from pilots into the mainstream pipeline. Data-center and industrial demand for clean, reliable power is rising fast.

Profitability remains compelling for well-structured projects.
Developers can still access the RE Act package — seven-year income tax holiday, duty-free importation of equipment, VAT zero-rating on local purchases, net operating loss carry-over, and accelerated depreciation — alongside priority dispatch and access to the Renewable Energy Market. Technology costs continue to fall while policy mechanisms (RPS, GEOP, long-term offtake via auctions) provide visibility. Listed RE players have shown strong generation growth and earnings recovery even amid softer spot prices.

Yes, challenges exist: transmission bottlenecks, permitting complexity, land issues, and higher local financing costs. These are real and can delay returns if not managed carefully. They are also exactly why experienced local counsel matters.

How CGRLAW & Associates helps investors and developers
We guide clients through the full lifecycle:

• Securing DOE RE service contracts and navigating EVOSS/Green Lane processes
• ERC applications (Certificate of Compliance, grid connection, rate approvals)
• DENR environmental compliance and related clearances
• Structuring 100% foreign-owned vehicles, joint ventures, and project companies
• Drafting and negotiating bankable PPAs, EPCs, offtake agreements, and storage contracts
• BOI registration and incentive applications
• Regulatory compliance (RPS, GEOP, net metering, FIT-All, and emerging rules on storage and own-use systems)
• Due diligence for acquisitions and project finance support

The opportunity window is open, but the projects that win will be those that get the legal, regulatory, and contractual architecture right from day one.

If you are evaluating a solar, wind, hybrid, or storage opportunity — or simply want a clear-eyed assessment of the current landscape — feel free to reach out.

17/08/2026

SEC Paperless Amendment brings Convenience but with Clear Boundaries and Real Consequences

SEC MC No. 21, s. 2026 brings optional paperless filing for certain corporate amendments via the eAMEND portal — a welcome step toward digitization.

But the convenience comes with clear boundaries and real consequences.

Key Limitations:

• Only a narrow list of amendments qualifies (prefatory clause, principal office address, term of existence, board size, OPC fiscal year, annual meeting date, and by-laws fiscal year).
• Everything else still requires the traditional Simple or Regular Processing lanes with hard copies.
• Both the authorized representative and Corporate Secretary must have credentialed eSECURE accounts.
• A separate notarized Secretary’s Certificate with Undertaking is mandatory — without it, the application is incomplete.
• Scanned copies are treated as legally equivalent… but only subject to verification. The SEC retains the right to demand the original signed and notarized documents at any time.

Penalties & Risks if Things Go Wrong:

• Failure to produce the originals upon SEC demand can result in a ₱20,000 penalty and/or revocation of the approved amendment.
• Falsified documents, misrepresentation in the Secretary’s Certificate, or breach of the undertaking can lead to:
• Revocation of the amendment
• Disqualification from using the paperless facility
• Administrative sanctions
• Possible civil or criminal liability for the responsible officers

Bottom line: Paperless filing is faster and more convenient for routine changes — but only if you stay strictly within the allowed scope and maintain perfect records of the originals.

Is your company planning an amendment that might qualify? Double-check the covered items and prepare the required Secretary’s Certificate carefully.
Feel free to reach out if you need a quick review of whether a specific amendment fits the paperless lane.

15/08/2026

📄 Online Notarization in the Philippines is finally here — and it’s a real game-changer for convenience.

Under the Supreme Court’s Rules on Electronic Notarization (A.M. No. 24-10-14-SC), parties can now have electronic documents (PDF/PDF-A) notarized without the usual hassles of traditional notarization.

Here’s why this is a big win for convenience:

✅ No more territorial limits
An Electronic Notary Public can serve principals located anywhere in the Philippines — no need to travel to the city or province where the notary is commissioned.
✅ Remote option via secure video
You can appear virtually through an accredited Electronic Notarization Facility. Live videoconferencing replaces the need for physical presence in most cases.
✅ Hybrid flexibility
Some parties can appear in person while others join online in the same session.
✅ Fully digital process
Upload your document, verify identity, sign electronically, and receive the notarized copy — all within the secure platform. The document is automatically lodged with the Supreme Court’s Central Notarial Database.
✅ Ideal for busy professionals, clients in remote areas, and those who simply value their time.

Of course, traditional paper notarization remains available. But for electronic documents, this new system removes significant friction while maintaining the integrity and legal effect of a notarial act.

Have you tried electronic notarization yet? What has your experience been so far?

13/08/2026

Longtime Broker-Directors Eddie T. Gobing and Ma. Vivian Yuchengco Challenges Memo Circular No. 17 limiting their term with the Court of Appeals

Under Memorandum Circular No. 17, Series of 2026, broker-directors of an exchange (primarily the PSE) are limited to a maximum cumulative term of 10 years, whether consecutive or intermittent. After five cumulative years, a one-year cooling-off period applies before any further service. Steep penalties attach for non-compliance (₱1 million base per director per year plus continuing monthly fines), with possible license consequences for the exchange itself. Incumbents were given a two-year transition window.

Broker-Directors Eddie T. Gobing and Ma. Vivian Yuchengco (with roughly 27–29 years of cumulative service) have challenged the circular via a petition for certiorari and prohibition. They argue it violates due process and equal protection, exceeds the SEC’s authority under the Securities Regulation Code and the Revised Corporation Code, and unduly restricts shareholders’ right to elect directors of their choice.

The SEC’s response has been firm: a seat on an exchange board is a privilege, not a vested right. Shareholders remain free to elect qualified candidates under the regulatory standards the Commission is empowered to set. The rule is framed as a governance reform aligned with IOSCO principles on board refreshment and fair representation in self-regulatory organizations.

This case will test the outer limits of the SEC’s rule-making power over the composition of exchange boards and the balance between regulatory oversight and shareholder primacy in a highly regulated market institution.

If the circular is upheld, it will significantly expand the SEC’s toolkit for engineering board composition in systemically important market institutions. Future rules on independent-director tenure, expertise requirements, or diversity quotas would rest on stronger footing. If it is struck down or substantially narrowed, the decision will reinforce the principle that the SEC cannot, by circular alone, override the statutory architecture of director elections under the Corporation Code without clearer legislative authorization.

Worth watching for listed companies, brokers, and anyone advising on board composition and corporate governance.

13/08/2026

SEC just raised the bar on sustainability reporting

Under Memorandum Circular No. 22, Series of 2026, the Commission has formally adopted IFRS S1 (General Requirements for Disclosure of Sustainability-related Financial Information) and IFRS S2 (Climate-related Disclosures), alongside the latest Philippine Financial Reporting Standards.

This is no longer optional or “best practice.”

For publicly listed companies, large corporations, and entities preparing financial statements under PFRS, climate and sustainability disclosures are now part of the official reporting framework. The phased rollout means the largest firms begin applying these standards from FY2026, with others following through 2028.

Why this matters for compliance right now:

• Boards and management can no longer treat ESG as a separate CSR exercise. Sustainability risks and opportunities must be integrated into financial reporting and governance processes.
• RE developers, project companies, and foreign investors will face increased scrutiny from lenders, offtakers, and equity partners who demand ISSB-aligned disclosures.
• Non-compliance or incomplete disclosures can trigger regulatory findings, reputational risk, and difficulties in raising capital or securing project financing.
• The circular also incorporates related updates (PFRS 18, PFRS 19, and amendments on nature-dependent electricity contracts), tightening the overall financial reporting environment.

For renewable energy, infrastructure, and corporate clients, the practical next steps are clear: gap assessments against S1/S2 requirements, board-level climate governance reviews, and readiness work on data systems and internal controls.

At CGRLAW, we are already helping clients map their current reporting against the new standards and build practical compliance roadmaps.

If your company is listed, preparing for listing, or seeking green finance, now is the time to act—not when the first reporting cycle arrives.
Feel free to message me if you’d like a short checklist or preliminary discussion.

10/08/2026

DOE just made rooftop and balcony solar dramatically easier.
On 5 August 2026, the Department of Energy released Department Circular No. DC2026-08-0017 — the “Streamlined SGF ZESS and MSS Policy.”

It creates two clear categories for own-use solar:

1. Self-Generating Facility Zero-Export Solar Systems (SGF ZESS) – any capacity, strictly for self-consumption, with no export to the grid (either isolated/off-grid or grid-tied with anti-export controls).

2. Micro-Solar Systems (MSS) – plug-and-play units capped at 1 kW DC / 800 W AC that simply plug into a regular wall outlet.

Key wins for households, clinics, hospitals, SMEs, and commercial buildings:

• Micro-Solar Systems are exempt from Building Permits and ERC Certificates of Compliance.
• Distribution utilities cannot demand pre-installation clearances, technical permits, or inspection fees.
• Connected systems only need a simple written notification (Annex A form).
• Isolated/off-grid systems need no utility notification at all.
• Households and medical facilities are exempt from ERC COC even for larger zero-export systems.
• Utilities must absorb the cost of any Distribution Impact Study and cannot reduce your grid capacity or delay installation.

This is a practical, consumer-friendly move that removes layers of friction that previously slowed distributed solar adoption. It supports the Philippines’ RE targets while letting end-users cut electricity costs faster and with far less paperwork.

For clients installing or advising on rooftop, balcony, or commercial own-use solar, this circular is immediately actionable. Happy to walk through the notification requirements, safety compliance under the Philippine Electrical Code, or transition options to Net-Metering.

Cgrlaw & Associates Law Offices

25/08/2026

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