PCC 9th Edition Citizens Charter
PCC 9th Edition Citizens Charter
CITIZEN’S CHARTER
December 2023 (9th Edition)
1
FOREWORD
Before the establishment of the Philippine Competition Commission (PCC
or the Commission) in February 2016, businesses and consumers had little
knowledge of competition law and policy. Since then, the Commission,
mandated to implement the Philippine Competition Act (Republic Act No. 10667
or the PCA), has embarked on a campaign to educate the public on its role in
promoting market competition and protecting consumer welfare.
With these in mind, the Commission crafted this Citizen’s Charter in 2017
to make stakeholders aware of the PCC’s mandate and functions. This
document consists of key information on our internal and external services, the
performance standards we adhere to in transacting with the public, and a
feedback mechanism that would allow us to continually improve our service
delivery.
Foreword ………………………………………………………………………………….......... 2
Agency Profile
Mandate …………………………………………………………………………………. 5
Powers and Functions …………………………………………………………………. 5
Vision …………………………………………………………………………………….. 6
Mission………………………………………………………………………………….... 6
Service Pledge ………………………………………………………………………….. 7
External Services
Internal Services
3
Administrative Office (AO)
Issuance of Certificate of Employment (COE) and Service Record
(SR) ………………………………………………………………………. 110
Issuance of Authenticated Copies of Official Records ……………… 112
Requisition and Issuance of Supplies and Equipment ……………... 116
Provision of Service Vehicle …………………………………………... 119
Issuance of Travel Authority …………………………………………... 122
Processing of Request for the Approval of Local Capacity-Building
Programs (amounting to Php 50,000.00 and below) ……………….. 124
Processing of Request for the Approval of Local Capacity-Building
Programs (amounting to Php 50,000.01 and above) ……………….. 127
Processing of Request for the Approval of Foreign Capacity-
Building Programs ……………………………………………………… 130
Processing of Requests to Participate in Approved Capacity-
Building Programs (Foreign and Local Programs) ………………….. 133
Provision of Information and Communications Technology (ICT)
Services for Routine and General Requests ………………………… 137
Provision of ICT Services for User Control and Mission Critical
Requests ………………………………………………………………… 139
Finance, Planning and Management Office (FPMO)
Processing of Certification of Availability of Allotment (CAA) ……… 144
Issuance of Authenticated Copies of Management Committee
Meetings Summary of Discussions (SOD)…………………………… 156
4
AGENCY PROFILE
I. MANDATE
Pursuant to Section 12 of the PCA, the PCC shall exercise the following powers and
functions:
a. Conduct inquiry, investigate, and hear and decide on cases involving any violation of
the PCA and other existing competition laws motu proprio or upon receipt of a verified
complaint from an interested party or upon referral by the concerned regulatory
agency, and institute the appropriate civil or criminal proceedings;
b. Review proposed mergers and acquisitions, determine thresholds for notification,
determine the requirements and procedures for notification, and upon exercise of its
powers to review, prohibit mergers and acquisitions that will substantially prevent,
restrict, or lessen competition in the relevant market;
c. Monitor and undertake consultation with stakeholders and affected agencies for the
purpose of understanding market behavior;
d. Upon finding, based on substantial evidence, that an entity has entered into an anti-
competitive agreement or has abused its dominant position after due notice and
hearing, stop or redress the same, by applying remedies, such as, but not limited to,
issuance of injunctions, requirement of divestment, and disgorgement of excess
profits under such reasonable parameters that shall be prescribed by the rules and
regulations implementing the PCA;
e. Conduct administrative proceedings, impose sanctions, fines or penalties for any
noncompliance with or breach of PCA and its implementing rules and regulations
(IRR) and punish for contempt;
f. Issue subpoena duces tecum and subpoena ad testificandum to require the
production of books, records, or other documents or data which relate to any matter,
relevant to the investigation and personal appearance before the Commission,
summon witnesses, administer oaths, and issue interim orders such as show cause
orders and cease and desist orders after due notice and in accordance with the rules
and regulations implementing the PCA;
g. Upon order of the court, undertake inspections of business premises and other offices,
land and vehicles, as used by the entity, where it reasonably suspects that relevant
books, tax records, or other documents which relate to any matter relevant to the
investigation are kept, in order to prevent the removal, concealment, tampering with,
or destruction of the books, records, or other documents;
5
h. Issue adjustment or divestiture orders including orders for corporate reorganization or
divestment the manner and under such terms and conditions as may be prescribed in
the rules and regulations implementing the PCA;
i. Deputize any and all enforcement agencies of the government or enlist the aid and
support of any private institution, corporation, entity or association, in the
implementation of its powers and functions;
j. Monitor compliance by the person or entities concerned with the cease and desist
order or consent judgment;
k. Issue advisory opinions and guidelines on competition matters for the effective
enforcement of the PCA and submit annual and special reports to Congress, including
proposed legislation for the regulation of commerce, trade, or industry;
l. Monitor and analyze the practice of competition in markets that affect the Philippine
economy; implement and oversee measures to promote transparency and
accountability; and ensure that prohibitions and requirements of competition laws are
adhered to;
m. Conduct, publish, and disseminate studies and reports on anti-competitive conduct
and agreements to inform and guide the industry and consumers;
n. Intervene or participate in administrative and regulatory proceedings requiring
consideration of the provisions of the PCA that are initiated by government agencies
such as the Securities and Exchange Commission, the Energy Regulatory
Commission and the National Telecommunications Commission;
o. Assist the National Economic and Development Authority, in consultation with
relevant agencies and sectors, in the preparation and formulation of a national
competition policy;
p. Act as the official representative of the Philippine government in international
competition matters;
q. Promote capacity building and the sharing of best practices with other competition-
related bodies;
r. Advocate pro-competitive policies of the government; and
s. Charge reasonable fees to defray the administrative cost of the services rendered.
III. VISION
The PCC aims to be a world-class competition authority in promoting fair market competition
to help achieve a vibrant and inclusive economy and advance consumer welfare.
IV. MISSION
The PCC shall prohibit anti-competitive agreements, abuses of dominant position, and anti-
competitive mergers and acquisitions. Sound market regulation will help foster limitless
innovation, increase global competitiveness, and expand consumer choices to improve public
welfare.
6
V. SERVICE PLEDGE
We, the officials and employees of the Philippine Competition Commission, with the aim to
be a world-class competition authority in promoting fair market competition, pledge to:
We shall uphold the principle of transparency by providing the public with information on
competition-related matters through our website (www.phcc.gov.ph), and promptly
responding to business and consumer queries through e-mail address
([email protected]), and telephone number (+632) 87719-PCC (87719-722).
All these we guarantee to deliver our role in ensuring businesses compete and consumers
benefit.
7
LIST OF SERVICES
EXTERNAL SERVICES
1
The Review of Mergers and Acquisitions Transactions is facilitated by the Mergers and Acquisitions Office and the Commission.
8
• COMPETITION ENFORCEMENT OFFICE (CEO)
2
The Issuance of Binding Ruling is facilitated by the Competition Enforcement Office and the Commission.
9
INTERNAL SERVICES
10
No. Service Classification Total Processing Time Page No.
17 Requisition and Issuance of Simple 2 hours, 20 minutes 116
Supplies and Equipment (when
Supplies and/or Equipment are
available)
Requisition and Issuance of Simple 48 minutes 118
Supplies and Equipment (when
Supplies and/or Equipment are
not available)
18 Provision of Service Vehicle (If Simple 2 hours 119
vehicle and driver are available)
Provision of Service Vehicle (If Simple 1 hour, 10 minutes 120
no vehicle is available)
19 Issuance of Travel Authority Simple 2 hours, 50 minutes 122
20 Processing of Request for the Complex 4 working days, 4 hours, 124
Approval of Local Capacity- 10 minutes
Building Programs (amounting to
Php 50,000.00 and below)
21 Processing of Request for the Complex 6 working days, 4 hours, 127
Approval of Local Capacity- 10 minutes
Building Programs (amounting to
Php 50,000.01 and above)
22 Processing of Request for the Complex 4 working days, 4 hours, 130
Approval of Foreign Capacity- 10 minutes
Building Programs
23 Processing of Requests to Highly 10 working days, 2 hours, 133
Participate in Approved Technical 40 minutes
Capacity-Building Programs
(Foreign and Local Programs)
24 Provision of Information and Complex 2 working days, 2 hours 137
Communications Technology
(ICT) Services for Routine and
General Requests
25 Provision of ICT Services for Highly 14 working days, 2 hours, 139
User Control and Mission Critical Technical 30 minutes
Requests (if does not require
third-party assistance)
Provision of ICT Services for Highly 11 working days, 2 hours, 140
User Control and Mission Critical Technical 30 minutes
Requests (if requires third-party
assistance)
11
Travel Order, and/or Special
Orders
Processing of Certification of Complex 2 working days, 5 hours 148
Availability of Allotment for
Special Orders not requiring
Cash Advance
If the request is not sufficient to merit certification
Processing of Certification of Complex 3 working days, 7 hours, 149
Availability of Allotment for 30 minutes
Purchase Request
Processing of Certification of Complex 3 working days, 7 hours, 151
Availability of Allotment for 30 minutes
Foreign Travel Order, Local
Travel Order, and/or Special
Orders
Processing of Certification of Complex 4 working days 153
Availability of Allotment for
Special Orders not requiring
Cash Advance
27 Issuance of Authenticated Simple 1 hour, 50 minutes 156
Copies of Management
Committee Meetings Summary
of Discussions (if requested
document is available)
Issuance of Authenticated Simple 40 minutes 157
Copies of Management
Committee Meetings Summary
of Discussions (if requested
document is not available)
12
MAO
EXTERNAL SERVICES
13
Mergers and Acquisitions Office (MAO)
Confirmed Appointment through the PCC Appointments can be reserved through the
Appointment System (PCAS) “Make An Appointment” Tab at the PCC
Website (www.phcc.gov.ph)
Notes:
PCC Interim guidelines on the operations of the MAO
- The Implementing Rules and Regulations of Republic Act No. 10667 (“PCA-IRR”) and the
Rules on Merger Procedure shall continue to apply unless otherwise provided for in the PCC
Interim Guidelines during periods of Community Quarantine.
- PCC Interim Guidelines During Periods of Community Quarantine can be accessed through
this link: https://www.phcc.gov.ph/wp-content/uploads/2021/05/PCC_Interim-
Guidelines_Quarantine-Periods_25May2021.pdf
3
Amendment of Rule 4, Section 3 of the Implementing Rules and Regulations of Republic Act No. 10667.
14
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
PRE-EVALUATION OF FORMS; DETERMINATION OF SUFFICIENCY
1. Notification Form (or Expedited Review The Form may vary from time to time with the
Notification Form 4). The original Form is most recent version being made available on the
signed and certified by a general partner of PCC website:
a partnership, an Officer or Director of a • Notification Form -
corporation, or in the case of a natural https://phcc.gov.ph/notification-form/
person, the natural person or his/her legal • Expedited Review Notification Form -
representative, and duly notarized [see https://phcc.gov.ph/expedited-review-
Rule 4, Section 5(b) of the IRR]. notification-form/
Please see Annex A for the List of Should there be any uncertainty with respect to
Appendices Required under the Notification the information required in the Form, the notifying
Form. parties should refer to the Instructions which is
likewise available on the PCC website. The PCC
Please see Annex B for the List of also encourages the parties to request a pre-
Appendices Required under the Expedited notification consultation with the MAO in
Review Notification Form. accordance with Rule 4, Section 4 of the IRR.
3. One (1) original affidavit attesting to the fact The Affidavit is prepared and executed by the
that a definitive agreement has been signed Notifying Party’s authorized representative.
and that each party has an intention of
completing the proposed transaction in
good faith. 5
4. A digital copy and one (1) hard copy of a The template of the Consent Letter can be
written consent 6 signed by the party’s accessed through this link:
authorized signatory granting the https://www.phcc.gov.ph/wp-
Commission staff permission to access the content/uploads/2020/05/Consent-Letter-
submitted documents and information Template_MAOInterimGuidelines.pdf
outside the office premises of the PCC and
to reach out to third parties during the
review of the transaction.
4
Acceptance of Expedited Review Notification Forms remains suspended while the PCC’s Interim Guidelines During Periods of Community
Quarantine is being implemented [(Sec. III(A)(9)].
5
In voting securities acquisition as provided under Rule 4, Section 5(e)(1) of the IRR, only the acquiring entity must submit an affidavit. Note also
that the definitive agreement in these transactions shall be the agreement executed between the acquiring entity and the shareholders of the acquired
entity.
6 The submission of Consent Letter is required by the PCC’s Interim Guidelines During Periods of Community Quarantine [(Sec. II(4.3)].
15
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
5. A digital copy and one (1) hard copy of an The Affidavit is prepared and executed by the
affidavit signed by the party’s authorized Notifying Party’s authorized representative.
signatory 7 certifying that the hard copies
and the digital copies uploaded in the online
filing system are complete and accurate
copies of each other.
Notes:
- Documents executed abroad must be duly authenticated by the Philippine embassy or consul
in the country of execution. If the same is impossible to obtain during a community quarantine,
documents executed abroad may be submitted without an Apostille or without having been
consularized; provided, that the party submitting the same shall submit a certification setting
forth the reason for its failure to have the document consularized or Apostilled, together with
an undertaking to submit the consularized or Apostilled copies upon resumption of the
operations of the consulate or embassy in the country where consularization or Apostillization
is to be done. The same process is done for documents that need to be notarized and should
be submitted soon after the parties have secured notarization of the documents;
- All documents are properly bound, with each attachment labeled with a tab;
- Digital copies of the completed Form and its appendixes and attachments are saved in
searchable PDF, Word, or spreadsheet format.
PHASE I REVIEW
1. Notification Form deemed sufficient by the The Form may vary from time to time with the
MAO most recent version being made available on
the PCC website:
• Notification Form -
https://phcc.gov.ph/notification-form/
• Expedited Review Notification Form -
https://phcc.gov.ph/expedited-review-
notification-form/
2. Payment of Phase I Review filing fee The MAO issues the Order of Payment, and
instructions may be found here:
Filing fees must be paid within ten (10) https://phcc.gov.ph/memorandum-circular-no-
calendar days from receipt of an Order of 17-002-revised-rules-payment-fees-
Payment from the PCC. notification-review-mergers-acquisitions/.
PHASE II REVIEW
Payment of Phase II Review fee The MAO issues the Order of Payment.
7
In relation only to the affidavit required, ‘authorized signatory’ may also include duly authorized external counsels and consultants.
16
For transactions that proceed until Phase I Review:
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 8
1 The acquiring 1.1 The MAO None 1 hour Legal Assistant,
and acquired processes E- MAO
entities submit Notification [Between 8:00
separate requests from am and 5:00
Request Monday to Friday pm during
Forms to from 8:00 a.m. to working days]
access the 5:00 p.m.
MAO E-
Notification
Filing System.
2 The notifying 2.1 The Notification None 2 hours and 30 Chief of the
parties upload Division Chief minutes 9 Notification
the digital assigns a Division, MAO
copies of their handling Attorney [Between 8:00 (for assignment
Notification to the transaction am and 5:00 of handling
Forms and pm during Attorney)
the required The MAO pre- working days]
annexes or evaluates the Legal Assistant
attachments digital copies or Handling
to the MAO E- uploaded by the Attorney of the
Notification notifying parties Notification
Filing System. to determine Division, MAO
compliance with (for pre-
The Forms the formal evaluation of
should be requirements. digital copies)
accompanied
by Consent
Letters and
Affidavits of
accuracy.
8
Pre-evaluation of Forms involves examination of the compliance by Notification Forms with the formal requirements as defined under the
Implementing Rules and Regulations of the PCA. In view hereof, time spent conducting pre-evaluation does not form part of the processing time for
evaluating the application.
9
The Parties will be informed of any lacking formal requirement within one (1) working day from transmittal of documents.
17
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 8
and the requirements.
required
annexes or The PCC may
attachments, refuse to accept a
together with Form if it fails to
their Consent comply with any
Letters and of the formal
Affidavits of requirements, if
accuracy. any portion of the
Form has not
been filled out, or
any annex
required under
the Form has not
been attached. In
such cases:
The submitter
shall be given five
(5) working days,
subject to any
extension that the
MAO may grant
upon its
discretion, to
submit the
lacking formal
requirements. 10
10
This is compliance with Section 15 of the PCC Interim Guidelines During Periods of Community Quarantine.
18
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 8
3.2 A Form which is None 15 minutes Records Officer,
compliant with all AO-GSD
the formal
requirements Legal Assistant
shall be received or Attorney,
by the Records MAO
Officer and the
MAO
Representative. A
stamped
"Received”
Notification
Receiving Form
will be issued to
the submitter and
copies of the said
Form shall be
retained by the
MAO and the
Records Office.
If the submitter
presents a cover
letter or
transmittal slip
together with a
receiving copy of
their Notification
Form, the cover
letter or
transmittal slip
shall be stamped
“Received” by the
Records Officer
and returned to
the applicant
together with the
Notification
Receiving Form.
In no case shall a
duplicate copy of
the Notification
Form be stamped
“Received” by the
Records Officer.
19
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 8
information in the
database of MAO
No transaction
number shall be
assigned to the
submission since
no filing is
considered to
have been made
at this stage.
11
Determination of sufficiency involves examination if all sections of the Notification Forms were completely filled up by notifying parties and does not
involve evaluation of compliance with the substantive requirements of the Notification Forms. In view hereof, time spent conducting sufficiency
determination does not form part of the processing time for evaluating the application.
20
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 11
to Client Step No.
6.)
3.4.2 Where the merger None Within 10 Director,
or acquisition is calendar days MAO
covered by the to determine
compulsory sufficiency
notification
requirement but
the documents
and information
provided are
deficient, MAO
shall issue a
notice of
deficiency to one
or both parties,
identifying what
other information
and documents
must be provided,
pursuant to the
Form (“Notice of
Deficiency”).
(Should this be
the case, proceed
to Client Step No.
4.)
Note that the
parties are given
a period of fifteen
(15) calendar
days to comply
with the
deficiency. If the
deficiencies are
not complied with,
the submitted
Forms shall be
returned to the
parties, and no
notification shall
be considered to
have been made
to the PCC12.
4 The relevant 4.1 The MAO Legal None Within 1 hour Legal Assistant,
party uploads Assistant upon MAO
the digital files transfers the complete
of its response uploaded digital upload Records Officer,
12
In accordance with Section 16 of the PCC Interim Guidelines During Periods of Community Quarantine, a request for extension of the period to
complete the information and documents signed by a Party’s authorized signatory may be filed via email no later than two (2) working days period
prior to the lapse of the deadline for submission. In the event that a Party’s request for extension is approved by the MAO, the 15-day Sufficiency
Period shall be then extended until all notifying parties have fully complied with their respective Notice of Deficiencies.
21
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 11
to the Notice of files from the AO-GSD
Deficiency to MAO E- (Between
the MAO E- Notification Filing 8:00 am and
Notification System to the 5:00 pm
Filing System online repository during
and proceeds of documents. working days;
to the PCC Within the 15
Office on the The MAO Legal calendar days
date confirmed Assistant also to comply with
via PCAS to informs the the Notice of
submit the handling Attorney Deficiency)
hard copies of of the Notification
the Division that the
documents. 13 digital files were
successfully
transferred to the
online repository
of documents.
4.2 The Records Within 30 Records Officer,
Officer stamps minutes from AO-GSD
“Received” the submission
physical
documents (within 15
submitted in the calendar days
office. to comply with
the Notice of
Deficiency) 14
4.3 The Handling None Within the Handling Attorney
Attorney reviews balance of the of the Notification
the documents original 15 Division,
submitted by the calendar days MAO
notifying parties to to determine
verify if all the sufficiency,
documents and which in no
information case shall be
requested have less than 5
been provided. calendar days
4.4 If the documents None Within the Handling Attorney
and information balance of the of the balance of
submitted in original 15 the original 15
response to the calendar days calendar days to
Notice of to determine determine
Deficiency are sufficiency sufficiency, which
complete and in no case shall
13
In submitting the documents and information, the following requirements must be observed: (a) soft copies should be uploaded in the MAO E-
Notification Filing System and hard copies are filed with the Records Unit; (b) files should be named in a way that allows easy identification of
submissions to which they refer to; (c) documents are accompanied by an Affidavit of accuracy; and (d) a notarized certification accompanying the
submission stating that the response for additional information and all documents attached were prepared and assembled under the supervision of
the certifying officer of the notifying party, and that to the best of his/her knowledge, these are true, correct, and complete in accordance with applicable
laws and regulations.
14
During ECQ or MECQ, submission of hard copies shall be submitted in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines
During Periods of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the
NCR or Barangay Bagong Pag-Asa, Quezon City within which to submit, subject to any extension that may be granted by MAO.
22
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 11
sufficient to be less than 5
proceed to Phase calendar days the
I Review, MAO Notification
issues an Order Division,
of Payment to the MAO
parties. 15
(Should this be
the case, proceed
to Client Step No.
6.)
4.4.1 The PCC returns None Within the Director,
the Forms by balance of the MAO
issuing a Notice original 15
of Return if any of calendar days
the following to determine
circumstances sufficiency
shall appear after
a review of the
Applicant’s
response to the
Notice of
Deficiency:
a. Incorrect
designation of any
of the notifying
parties’ ultimate
parent entity
(UPE); 16
b. Failure to
submit
information or
attachments
required under
the Form; or
c. Submission of
incorrect or
misleading
information,
without prejudice
to the application
of the appropriate
penalties.
5 Applicant or 5.1 Records Officer None 1 hour Records Officer,
his/her and a AO-GSD
authorized representative of
representative MAO: Legal Assistant or
proceeds to Attorney,
15
During ECQ or MECQ, Orders of Payment shall be issued in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines During Periods
of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the NCR or Barangay
Bagong Pag-Asa, Quezon City within which to pay, subject to any extension that may be granted by MAO.
16
The PCC shall, however, allow the parties to correct their submission after the former has made preliminary determination on the correct UPE.
23
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 11
the PCC Office a. Ensure that the MAO
on the date Notification
confirmed via Return Form is
PCAS to claim filled-out and
the incomplete signed by the
Form together Applicant or
with all his/her authorized
documents representative
submitted. b. Release the
incomplete Form
If the claimant and all documents
should be a to the Applicant or
person other his/her authorized
than the representative;
authorized and
person of the
applicant, the
claimant must
submit an
original copy of
his/her proof of
authority
together with a
photocopy of a
government-
issued ID, the
original copy of
which must
likewise be
presented for
verification, to
the MAO
Representative
5.1.1 The MAO Legal None 10 minutes Legal Assistant,
Assistant files a MAO
duly signed
Notification
Return Form
when the
Notification Forms
of the parties
were returned.
24
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 11
on the date representative
confirmed via presents the
PCAS and original copy of
pays the filing the Order of
fee for Payment to the
Notification Cashier who will
and Phase I. indicate thereon
Review to the the official receipt
Cashier. number and
stamp the same
Note that the as “Paid.” A
parties are duplicate copy of
given a period the stamped
of ten (10) Order of Payment
calendar days is issued to the
17 to pay the Applicant and the
filing fee from MAO.
receipt of the
Order of
Payment.
6.2 The MAO issues None Within 1 Director,
Notices of working day MAO
Sufficiency 18 to from payment
the notifying of filing fee
parties
electronically and,
if the authorized
officer is in the
Philippines, by
mail or personal
delivery, to inform
them that the
Forms and other
documents
submitted by
them are
sufficient for
commencement
of Phase I
Review. A case
number is
assigned to the
filed submission.
PHP
15 calendar
SUB-TOTAL 250,000.00
days,30
minutes
“Review of Mergers and Acquisitions Transactions” is covered under R.A. No. 10667 and its IRR,
the PCC Rules on Merger Procedure, and other related PCC Memorandum Circulars
17
If parties are unable to pay the fees within their Payment Schedule, they may request an extension of the period signed by the authorized
signatory prior to the lapse of the deadline for payment.
18
Issuance of Notice of Sufficiency doesn't form part of the processing time for evaluating sufficiency.
25
TOTAL FEES TO BE PAID PHP 250,000.00
Notification Filing and Phase I PHP 250,000.00
Review Fee
TOTAL PROCESSING TIME 45 calendar days, 5 hours, 30 minutes 19
Pre-Evaluation of Forms 5hours
Determination of Sufficiency 15 calendar days (and 1 hour for payment processing of
Notification Filing and Phase I Review Fee, and for issuance of
Notices of Sufficiency)
Phase I Review 30 calendar days (to commence on the first working day after
payment of fee for notification and Phase I Review)
19
The total processing time includes the uploading by notifying parties of Notification Form to the MAO E-Notification System, pre-evaluation by the
MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Notification Form filed by the notifying
parties.
26
For transactions that proceed until Phase II Review:
2 The notifying 2.1 The Notification None 2 hours and 30 Chief of the
parties upload Division Chief minutes 21 Notification
the digital copies assigns a Division, MAO
of their handling Attorney [Between 8:00 (for
Notification to the transaction. am and 5:00 assignment of
Forms and the pm during handling
required The MAO pre- working days]. Attorney)
annexes or evaluates the
attachments to digital copies Legal
the MAO E- uploaded by the Assistant or
Notification Filing notifying parties Handling
System. to determine Attorney of the
compliance with Notification
The Forms the formal Division, MAO
should be requirements. (for pre-
accompanied by evaluation of
Consent Letters digital copies)
and Affidavits of
accuracy.
20
Pre-evaluation of Forms involves examination of the compliance by Notification Forms with the formal requirements as defined under the
Implementing Rules and Regulations of the PCA. In view hereof, time spent conducting pre-evaluation does not form part of the processing time for
evaluating the application.
21
The Parties will be informed of any lacking formal requirement within one (1) business day from transmittal of documents.
27
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 20
together with
their Consent The PCC may
Letters and refuse to accept a
Affidavits of Form if it fails to
accuracy. comply with any
of the formal
requirements, if
any portion of the
Form has not
been filled out, or
any annex
required under
the Form has not
been attached. In
such cases:
If the submitter
presents a cover
letter or
transmittal slip
together with a
receiving copy of
their Notification
Form, the cover
letter or
transmittal slip
shall be stamped
“Received” by the
Records Officer
and returned to
the applicant
together with the
Notification
Receiving Form.
In no case shall a
duplicate copy of
the Notification
Form be stamped
“Received” by the
Records Officer.
29
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
PRE-EVALUATION OF FORMS 20
No transaction
number shall be
assigned to the
submission since
no filing is
considered to
have been made
at this stage.
4 The relevant 4.1 The MAO Legal None Within 1 hour Legal
party uploads Assistant transfers upon Assistant,
the digital files the uploaded digital complete MAO
of its response files from the MAO upload
to the Notice of E-Notification Filing
Deficiency to System to the (Between
the MAO E- online repository of 8:00 am and
Notification documents. 5:00 pm
Filing System during
and proceeds The MAO Legal working days;
to the PCC Assistant also Within 15
Office on the informs the calendar days
date confirmed handling Attorney to comply with
via PCAS to of the Notification the Notice of
submit the hard Division that the Deficiency)
copies of the digital files were
documents. 25 successfully
transferred to the
online repository of
documents.
25
In submitting the documents and information, the following requirements must be observed: (a) soft copies should be uploaded in the MAO E-
Notification Filing System and hard copies are filed with the Records Unit; (b) files should be named in a way that allows easy identification of
submissions to which they refer to; (c) documents are accompanied by an Affidavit of accuracy; and (d) a notarized certification accompanying the
submission stating that the response for additional information and all documents attached were prepared and assembled under the supervision of
the certifying officer of the notifying party, and that to the best of his/her knowledge, these are true, correct, and complete in accordance with applicable
laws and regulations.
26
During ECQ or MECQ, submission of hard copies shall be submitted in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines
During Periods of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the
NCR or Barangay Bagong Pag-Asa, Quezon City within which to submit, subject to any extension that may be granted by MAO.
32
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 23
a. Incorrect
designation of any
of the notifying
27
During ECQ or MECQ, Orders of Payment shall be issued in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines During Periods
of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the NCR or Barangay
Bagong Pag-Asa, Quezon City within which to pay, subject to any extension that may be granted by MAO.
33
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 23
parties’ ultimate
parent entity
(UPE); 28
b. Failure to submit
information or
attachments
required under the
Form; or
c. Submission of
incorrect or
misleading
information, without
prejudice to the
application of the
appropriate
penalties.
28
The PCC shall, however, allow the parties to correct their submission after the former has made preliminary determination on the correct UPE.
34
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 23
applicant, the 5.1.1 The MAO Legal None 10 minutes Legal
claimant must Assistant files a Assistant,
submit an duly signed MAO
original copy of Notification Return
his/her proof of Form when the
authority Notification Forms
together with a of the parties were
photocopy of a returned.
government-
issued ID, the
original copy of
which must
likewise be
presented for
verification, to
the MAO
Representative
29
If parties are unable to pay the fees within their Payment Schedule, they may request an extension of the period signed by the authorized signatory
prior to the lapse of the deadline for payment.
35
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
DETERMINATION OF SUFFICIENCY 23
30
Issuance of Notice of Sufficiency doesn't form part of the processing time for evaluating sufficiency.
36
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PHASE I REVIEW
Decisions)
Director (for
Notices),
MAO
6.3.1 The MAO may None Within the 30- Handling
send a Request for day period for Attorney of
Information to the Phase I Review
parties indicating Review Division,
other relevant MAO
information
necessary for the Director,
review of the MAO
transaction.
7 The relevant 7.1 The MAO Legal None Within 1 hour Legal
party uploads Assistant transfers upon Assistant,
the digital files the uploaded complete MAO
of its digital files from the upload
response to MAO E-Notification
the Request Filing System to (Between 8:00
for the online am and 5:00
Information repository of pm during
to the MAO E- documents. working days;
Notification Within the 30-
Filing System The MAO Legal day period for
and proceeds Assistant also Phase I
to the PCC informs the Review)
Office on the assigned case
date team for review
confirmed via that the digital files
PCAS to were successfully
submit the transferred to the
hard copies of online repository of
the documents.
documents. 31 7.2 The Records None Within 30 Records
Officer stamps minutes from Officer,
“Received” the submission AO-GSD
physical
documents (within the 30-
submitted in the day period for
office. Phase I
Review)
7.3 At the expiration of None Within the 30- Chairperson
the 30-day period day period for and
for Phase I Phase I Commissioners
Review, the PCC Review (for
may take any of Commission
the following Decisions)
31
In submitting the documents and information, the following requirements must be observed: (a) soft copies should be uploaded in the MAO E-
Notification Filing System and hard copies are filed with the Records Unit; (b) files should be named in a way that allows easy identification of
submissions to which they refer to; and (c) documents are accompanied by an Affidavit of accuracy.
37
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PHASE I REVIEW
action:
a. Issue a Decision
clearing the
transaction; or
b. In the event that
PCC identifies
competition
concerns in Phase
I Review such that
a favorable
decision cannot be
rendered, or on the
basis of all
information before
it, is unable to form
a conclusion that
the transaction
does not raise
competition
concerns, the PCC
will inform the
notifying that the
transaction will
proceed to a
Phase II Review.
38
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
PHASE I REVIEW
Information
(“Phase II
Request”).
Phase II Review of
the transaction
shall commence on
the day after
service of the
Phase II Notice.
SUB-TOTAL None 30 calendar
days
(Should this be
the case, proceed
to Client Step No.
10.)
(Proceed to Client
Step No. 11.)
32
During ECQ or MECQ, Orders of Payment shall be issued in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines During Periods
of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the NCR or Barangay
Bagong Pag-Asa, Quezon City within which to pay, subject to any extension that may be granted by MAO.
40
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
PHASE II REVIEW
to pay the filing pay the filing
fee for Phase II fee for Phase II
Review, and no Review
notification is
considered to
have been made
to the PCC. The
parties must then
re-submit their
Form to the PCC
pursuant to
Section 5 of the
PCC Rules on
Merger
Procedure.
(Should this be
the case, proceed
to Client Step No.
10.)
41
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
PHASE II REVIEW
11 The parties 11.1 The Cashier Fee for Phase 30 minutes Cashier,
proceed to the processes II Review - AO-GSD
PCC Office on the payment and 1% of 1% of
date confirmed via issues official the value of
PCAS and pay the receipt; stamps transaction,
fee for Phase II the Order of which shall
Review upon Payment as not be less
presentment of “Paid,” indicating than PHP
the Order of the date of 1,000,000.00
Payment to the payment and nor exceed
Cashier. official receipt PHP
number. 5,000,000.00
Note that the 12.2 The PCC invites None Within the 60- Handling
parties are given a each party for a day period for Attorney of
period of ten (10) State of Play Phase II Review Division,
calendar days meeting, as Review MAO
33
to pay the filing necessary.
fee from receipt of
the Order of
Payment.
After payment
12 The parties attend 12.1 The PCC None Within the 60- Handling
the State of Play facilitates conduct day period for Attorney of
meeting via video of State of Play Phase II Review Division,
conferencing meeting 34 via Review MAO
through Microsoft video
Teams which may conferencing
be conducted through Microsoft
during Phase II Teams.
Review. 12.2 During the period None Within the 60- Chairperson and
for Phase II day period for Commissioners
Review, the PCC Phase II (for Commission
issues a Decision Review Decisions)
on whether to
clear the merger,
prohibit the same,
or subject its
clearance to
certain
conditions. 35
SUBTOTAL: 1% of 1% of 60 calendar
the value of days
the
transaction
which shall
not be less
than PHP
1,000,000.00
nor exceed
PHP
5,000,000.00
33
If parties are unable to pay the fees within their Payment Schedule, they may request an extension of the period signed by the authorized signatory
prior to the lapse of the deadline for payment. The request for extension to pay the fees for Phase 2 review must be accompanied by a waiver
extending Phase 2 review for a period corresponding to the number of days by which the deadline for payment of fees will be extended.
34
Per Section 7.17 of the PCC Rules of Merger Procedure.
35
If the PCC does not issue a Decision upon the expiration of the period for Phase II Review, the transaction shall be deemed approved.
42
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
PHASE II REVIEW
TOTAL: PHP 105 calendar
250,000.00 + days, 5 hours,
(1% of 1% of 30 minutes
the value of
the
transaction
which shall
not be less
than PHP
1,000,000.00
nor exceed
PHP
5,000,000.00)
“Review of Mergers and Acquisitions Transactions” is covered under R.A. No. 10667 and its IRR,
the PCC Rules on Merger Procedure, and other related PCC Memorandum Circulars.
TOTAL FEES TO BE PAID: PHP 250,000.00 + (1% of 1% of the value of the transaction
which shall not be less than PHP 1,000,000.00 nor exceed
PHP 5,000,000.00)
Notification Filing and PHP 250,000.00
Phase I Review Fee
Phase II Review Fee 1% of 1% of the value of the transaction which shall not be less
than PHP 1,000,000.00 nor exceed PHP 5,000,000.00
TOTAL PROCESSING 105 calendar days, 5 hours, 30 minutes 36
TIME:
Pre-Evaluation of Forms 5 hours
Determination of Sufficiency 15 calendar days (and 1 hour for payment processing of
Notification Filing and Phase I Review Fee, and for issuance of
Notices of Sufficiency)
Phase I Review 30 calendar days (to commence on the first working day after
payment of fee for notification and Phase I Review)
Phase II Review 60 calendar days
36
The total processing time includes the uploading by notifying parties of Notification Form to the MAO E-Notification System, pre-evaluation by the
MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Notification Form filed by the notifying
parties.
43
Mergers and Acquisitions Office (MAO)
During a PNC, parties may seek clarification on the information required under the Notification Form,
inquire what other additional information may be required for the review, and discuss their identified
markets. For mergers involving complex products or services or raising competition issues, PNCs
can streamline and facilitate the review process. Parties may also request a PNC to seek guidance
on whether a potential transaction is notifiable or not based on the thresholds provided under Rule
4 of the IRR.
The parties are given non-binding advice on the specific information required in the Notification
Form. However, the PCC does not give opinion whether a merger is likely to lead to substantial
lessening of competition (“SLC”) during PNCs.
44
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
1 Client sends a request 1.1 The handling None Acknowledge Handling
for pre-notification Attorney of the within 3 Attorney of MAO
consultation by mail (at Notification working days Notification
25/F Vertis North Division from receipt of Division
Corporate Center 1, acknowledges request
North Avenue, Quezon receipt of the
City 1105) or request.
e-mail (at
[email protected]) The handling
providing the Attorney of the
aforementioned required Notification
information. Division also
informs the
Such request, if sent by party of the
mail, must likewise schedule of the
indicate the Applicant’s pre-notification
contact information (i.e., consultation.
e-mail address and
telephone number). Once the
parties and the
Parties are also MAO have
encouraged to send a agreed to
list of questions or conduct the
issues they wish to pre-notification
discuss, accompanied consultation on
by electronic copies of a specific date,
relevant documents. the MAO will
With this, a written send a meeting
consent duly signed by invitation
their authorized through
signatory authorizing Microsoft
MAO staff to access Teams.
their documents outside
the premises of PCC
should be submitted.
2 Parties attend the pre- 2.1 Holds the pre- None 3 hours Handling
notification consultation notification Attorney of the
via video conferencing consultation Notification
through Microsoft Teams remotely via Division, assisted
video by a Legal
conferencing Assistant,
through MAO
Microsoft
Teams, and
records the
meeting only
when parties
consent
thereto.
45
TOTAL FEES TO BE PAID: None
TOTAL PROCESSING 3 working days, 3 hours
TIME:
Evaluation of Request 3 working days
Conduct of Pre-Notification 3 hours
Consultation
46
Mergers and Acquisitions Office (MAO)
The PCC, together with Philippine Deposit Insurance Corporation (PDIC), Bangko Sentral ng
Pilipinas (BSP), Securities and Exchange Commission (SEC), and Cooperative Development
Authority (CDA) (collectively, “concerned agencies”) entered into a Memorandum of Agreement on
the Procedures for Applications for Mergers, Consolidations, and Acquisitions of Banks (MCA-MOA)
to align the processing of applications for the approval of merger, consolidation, and acquisition
proposals of banks with the government’s initiative to promote ease of doing business while
achieving each of the concerned agencies’ respective regulatory mandates. Subsequently, the
concerned agencies issued the Implementing Guidelines for the Streamlined Procedures for
Applications for Mergers, Consolidations, and Acquisitions (MCA) of Banks (the “Implementing
Guidelines”). The procedure outlined in the MCA-MOA shall cover applications for non-notifiable
MCAs of banks that do not involve any financial assistance. Letters of Non-Coverage concerning
non-notifiable MCA transactions of banks are processed by the MAO with due regard to the
procedures laid down in relevant PCC issuances, the MCA-MOA, and the Implementing Guidelines
Confirmed Appointment through the Appointments can be booked through the “Make An
PCC Appointment System (PCAS) Appointment” Tab at the PCC Website. (www.phcc.gov.ph)
47
CHECKLIST OF WHERE TO SECURE
REQUIREMENTS
https://www.bsp.gov.ph/Media_And_Research/Public_Advi
The Proponent Bank shall fill out and sories/Joint_Circular_No._01_Series_of_2022.pdf
submit the Unified Application Form
together with the harmonized Unified Application Form can be accessed here:
requirements indicated in the Joint https://www.phcc.gov.ph/wp-
Circular No. 1, series of 2022 to the content/uploads/2022/03/Annex-B-Application-Form.pdf
BSP.
Notes:
PCC Interim guidelines on the operations of the MAO
- The Implementing Rules and Regulations of Republic Act No. 10667 (“PCA-IRR”) and the Rules
on Merger Procedure shall continue to apply unless otherwise provided for in these PCC Interim
Guidelines.
- PCC’s Interim Guidelines During Periods of Community Quarantine can be accessed through this
link: https://www.phcc.gov.ph/wp-content/uploads/2021/05/PCC_Interim-Guidelines_Quarantine-
Periods_25May2021.pdf
GENERAL REQUIREMENTS
1. The Letter, regardless of the ground • The Parties prepare the Letter of Non-Coverage, setting
for the application, must provide forth the applicable ground and the information required.
either one (1) original or copy of the • The General Information Sheet form part of the parties’
following information: internal records and may also be obtained from the
a. Names of the acquiring and Securities and Exchange Commission (SEC).
acquired (or “target") entities • Revenues may be derived from audited financial
(collectively the “Parties”), and statements that form part of the parties’ internal records
their respective ultimate parent and may also be obtained from the SEC.
entities (“UPE”); • Other requirements may be obtained from the Parties’
b. Latest General Information internal records.
Sheets of the Parties and their
identified UPEs; The Guidelines may be found here:
c. Definitive agreement or https://phcc.gov.ph/guidelines-letters-noncoverage-
preliminary agreement relating nonnotification-compulsory-notification/.
to the proposed transaction;
d. Description of the proposed
transaction;
e. Objective of the proposed
transaction;
f. For the respective Notifying
Groups of the acquiring and
acquired entities, provide:
i. A description of their lines of
business;
ii. Products and services for
each line of business;
iii. Revenues derived by the
Notifying Group for each line
of business in the most
recent year; and
iv. The geographical areas in
the Philippines where they
supply each product or
service;
g. For mergers, the most recent
draft of the Plan of Merger and
Articles of Merger;
h. For joint ventures, relevant
documents showing the degree
of participation and
48
CHECKLIST OF WHERE TO SECURE
REQUIREMENTS
management roles of each JV
partner, respective rights and
powers in the management of
the JV, and division of profits,
risks and losses;
i. Identity of the authorized
representatives of each Party
to the Transaction, including
the designation/ position, email
address, business address,
and phone number.
2. A digital copy and one (1) hard copy The template of the Consent Letter can be accessed through
of a written consent 37 signed by the this link:
party’s authorized signatory https://www.phcc.gov.ph/wp-
granting the Commission staff content/uploads/2020/05/Consent-Letter-
permission to access the submitted Template_MAOInterimGuidelines.pdf
documents and information outside
the office premises of the PCC.
3. A digital copy and one (1) hard copy The Affidavit is prepared and executed by the Notifying
of an affidavit signed by the party’s Party’s authorized representative.
authorized signatory 38 certifying
that the hard copies and the digital
copies uploaded in the online filing
system are complete and accurate
copies of each other.
37
The submission of Consent Letter is required by the PCC Interim Guidelines During Periods of Community Quarantine.
38
In relation only to the affidavit required, ‘authorized signatory’ may also include duly authorized external counsels and consultants
50
CHECKLIST OF WHERE TO SECURE
REQUIREMENTS
iii. For joint ventures (JV), a
description of all the assets
or shares to be combined or
contributed, the value of
each class of asset and the
basis of the valuation
thereof or in case of shares,
the features of each class of
shares; and
iv. For mergers, provide the
information required in (i) or
(ii) for each asset or share
of the absorbed entity and
entities it controls.
c. Latest Audited Financial
Statements or last regularly
prepared financial statement of
the Parties and their respective
UPEs.
39
The Parties will be informed of any lacking formal requirement within one (1) business day from transmittal of documents.
53
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
annexes or the notifying parties Attorney of the
attachments to to determine Notification
the MAO E- compliance with the Division, MAO
Notification formal requirements. (for pre-
Filing System. evaluation of
digital copies)
The Letter of
Non-Coverage
should be
accompanied by
a Consent Letter
and Affidavit of
accuracy.
3 The applicant 3.1 The Records Officer None 45 minutes Records Officer,
should also together with a AO-GSD
proceed to the representative of
PCC Office on MAO pre-evaluates Legal Assistant
the date the hard copies of or Attorney,
confirmed via the Letter of Non- MAO
PCC Client Coverage from
Appointment Compulsory
System (PCAS) Notification
and submits the submitted by the
Letter of Non- acquiring and
Coverage from acquired entities.
Compulsory 3.2 The MAO verifies if None Within 7 Handling
Notification to the Letter of Non- working days Attorney of the
the PCC Coverage from from Notification
Records Section Compulsory submission by Division,
(at 25/F Vertis Notification and its applicant of MAO
North Corporate attachments contain Letter of Non-
Center 1, North all the necessary and Coverage
Avenue, Quezon appropriate
City 1105) documents that are
providing the required to be
aforementioned submitted for the
required assessment of their
information. request.
3.3 The MAO issues an None Handling
Acknowledgment Attorney of the
Letter if it determines Notification
that the Letter of Division,
Non-Coverage from MAO
Compulsory
Notification is not Director,
covered by MAO
compulsory
notification as
prescribed by the
PCA and IRR.
Otherwise, the MAO
advises the Applicant
to notify if the
transaction is subject
to compulsory
notification.
54
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
Should the facts turn
out to be different
than what was
represented before
the MAO or the PCC,
all opinions or
findings issued by
the MAO or the PCC
in response to the
Parties’ Letter shall
be deemed to have
been obtained on the
basis of fraud or
false material
information, and
therefore shall have
no effect. In this
regard, the Parties
cannot rely on said
opinion or finding
issued by the MAO
or the PCC as basis
for not notifying the
PCC of the
transaction 40.
The acknowledgment
issued by the MAO
shall not prevent the
PCC from
commencing a motu
proprio review of the
transaction. 41
40
Revised Guidelines on Non-Coverage from Compulsory Notification, §11.
41
Rep. Act no. 10667 and its Implementing Rules and Regulations.
42
The total processing time includes the uploading by notifying parties of the Letter of Non-Coverage to the MAO E-Notification System, pre-evaluation
by the MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Letter of Non-Coverage filed by
notifying parties.
55
For Letters that require additional information:
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
EVALUATION OF INITIAL SUBMISSION
1 The acquiring and 1.1 The MAO None 1 hour Legal Assistant,
acquired entities processes E- MAO
submit separate Notification [Between 8:00
Request Forms to requests from am and 5:00
access the MAO E- Monday to Friday pm during
Notification Filing from 8:00 a.m. to working days]
System. 5:00 p.m.
2 The notifying parties 2.1 The Notification None 2 hours and 30 Chief of the
upload the digital Division Chief minutes 43 Notification
copies of the Letter assigns a Division, MAO
of Non-Coverage handling Attorney [Between 8:00 (for assignment
from Compulsory to the transaction. am and 5:00 of handling
Notification and the pm during Attorney)
required annexes or The MAO pre- working days]
attachments to the evaluates the Legal Assistant
MAO E-Notification digital copies or Handling
Filing System. uploaded by the Attorney of the
notifying parties Notification
The Letter of Non- to determine Division, MAO
Coverage should be compliance with (for pre-
accompanied by a the formal evaluation of
Consent Letter and requirements. digital copies)
Affidavit of
accuracy.
43
The Parties will be informed of any lacking formal requirement within one (1) working day from transmittal of documents.
56
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
submitted for the
assessment of
their request.
SUB-TOTAL
7 working None
days, 4 hours,
15 minutes
EVALUATION OF RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
4 The applicant 4.1 The MAO Legal None Within 1 hour Legal Assistant
uploads the digital Assistant upon complete or Handling
copies of the transfers the upload Attorney of the
information uploaded digital Notification
requested to the files from the [Between 8:00 Division, MAO
MAO E-Notification MAO E- am and 5:00
Filing System within Notification Filing pm during
the period System to the working days;
prescribed in the online repository Within the
Request for of documents. period
Additional prescribed in
Information. The MAO Legal the Request
Assistant also for Additional
informs the Information]
handling Attorney
of the Notification
Division that the
digital files were
successfully
transferred to the
online repository
of documents.
44
During ECQ or MECQ, submission of hard copies shall be submitted in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines
During Periods of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the
NCR or Barangay Bagong Pag-Asa, Quezon City within which to submit, subject to any extension that may be granted by MAO.
57
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
Additional 5.2 The Handling None Within 7 Handling
Information. Attorney reviews working days Attorney of the
the additional from Notification
documents submission by Division,
submitted by the applicant of MAO
applicant. 45 complete
additional Director,
Where, upon information MAO
evaluation, the
applicant was
able to submit all
requested
additional
information, the
MAO either
issues an
Acknowledgment,
or advises the
Applicant that the
transaction is
subject to
compulsory
notification.
45
In accordance with Section 16 of the PCC Interim Guidelines During Periods of Community Quarantine, a request for extension of the period to
complete the information and documents signed by a Party’s authorized signatory may be filed via email no later than two (2) working days period to
the lapse of the deadline for submission.
46
The total processing time includes the uploading by notifying parties of the Letter of Non-Coverage to the MAO E-Notification System, pre-evaluation
by the MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Letter of Non-Coverage filed by
notifying parties.
58
For Letters with sufficient information/requirements under Mergers, Consolidations, and
Acquisitions (MCA) of Banks:
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
1 The Lead 1.1 BSP will send an None no processing time Bangko Sentral
Proponent Bank automatic reply on part of MAO ng Pilipinas
will answer the within 24 hours, (BSP)
Self-Assessment copy furnishing
Questionnaire BSP-FSD office,
(SAQ) in the BSP PDIC, SEC, and
Website. CDA.
47
The Parties will be informed of any lacking formal requirement within one (1) business day from transmittal of documents.
59
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
the formal (for pre-
The Letter of requirements. evaluation of
Non-Coverage digital copies)
should be
accompanied by 3.2 MAO shall inform None 1 hour Chief of the
a Consent Letter the BSP and other Notification
and Affidavit of concerned [Between 8:00 am Division, MAO
accuracy. agencies upon its and 5:00 pm
receipt of during working
documents days; Within 7
required under the working days from
Harmonized List submission by
of Requirements Proponent Banks
from the of Letter of Non-
Proponent Banks Coverage]
The
acknowledgment
issued by the
MAO shall not
prevent the PCC
from commencing
a motu proprio
review of the
transaction. 49
48
Revised Guidelines on Non-Coverage from Compulsory Notification, §11.
49
Rep. Act no. 10667 and its Implementing Rules and Regulations.
50
The total processing time includes the uploading by Proponent Banks of the Letter of Non-Coverage to the MAO E-Notification System, pre-
evaluation by the MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Letter of Non-Coverage
filed by the Proponent Banks.
62
For Letters that require additional information under Mergers, Consolidations, and
Acquisitions (MCA) of Banks:
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
EVALUATION OF INITIAL SUBMISSION
1 The Lead 1.1 BSP will send an None no processing Bangko Sentral
Proponent Bank automatic reply within time on part of ng Pilipinas
will answer the 24 hours, copy MAO (BSP)
Self-Assessment furnishing BSP-FSD
Questionnaire office, PDIC, SEC,
(SAQ) in the and CDA.
BSP Website.
(Sec 3.1 of Joint
MCA)
2 The Proponent 2.1 The MAO processes None 1 hour Legal Assistant,
Banks submit E-Notification MAO
separate requests from Monday [Between 8:00
Request Forms to Friday from 8:00 am and 5:00 pm
to access the a.m. to 5:00 p.m. during working
MAO E- days; Within 7
Notification Filing working days
System. from submission
by Proponent
Banks of Letter
of Non-
Coverage]
3 The Proponent 3.1 The Notification None 2 hours and 30 Chief of the
Banks upload the Division Chief assigns minutes 51 Notification
digital copies of a handling Attorney to Division, MAO
the Letter of the transaction. [Between 8:00 (for assignment
Non-Coverage am and 5:00 pm of handling
from Compulsory The MAO pre- during working Attorney)
Notification and evaluates the digital days; Within 7
the required copies uploaded by working days Legal Assistant
annexes or the Proponent Banks from submission or Handling
attachments to to determine by Proponent Attorney of the
the MAO E- compliance with the Banks of Letter Notification
Notification Filing formal requirements. of Non- Division, MAO
System. Coverage] (for pre-
evaluation of
The Letter of digital copies)
Non-Coverage
51
The Parties will be informed of any lacking formal requirement within one (1) business day from transmittal of documents.
63
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
should be 3.2 MAO shall inform the None 1 hour Chief of the
accompanied by BSP and other Notification
a Consent Letter concerned agencies [Between 8:00 Division, MAO
and Affidavit of upon its receipt of am and 5:00 pm
accuracy. documents required during working
under the Harmonized days; Within 7
List of Requirements working days
from the Proponent from submission
Banks by Proponent
Banks of Letter
(Sec 3.3 of Joint of Non-
MCA) Coverage]
3.3 BSP shall assign a None no processing Bangko Sentral
Unified Application time on part of ng Pilipinas
Number (UAN) to the MAO (BSP)
MCA Application and
will disseminate to the
concerned agencies
through email.
64
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
SUB-TOTAL None 7 working days
EVALUATION OF RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
5 The Proponent 5.1 The MAO Legal None Within 1 hour Legal Assistant
Banks upload the Assistant transfers upon complete or Handling
digital copies of the uploaded digital upload Attorney of the
the information files from the MAO Notification
requested to the E-Notification Filing [Between 8:00 Division, MAO
MAO E- System to the am and 5:00 pm
Notification Filing online repository of during working
System within documents. days; Within the
the period period
prescribed in the The MAO Legal prescribed in the
Request for Assistant also Request for
Additional informs the Additional
Information. handling Attorney of Information]
the Notification
Division that the
digital files were
successfully
transferred to the
online repository of
documents.
52
During ECQ or MECQ, submission of hard copies shall be submitted in accordance with Sections 23.2 and 23.3 of the PCC Interim Guidelines
During Periods of Community Quarantine. The parties shall be given a period of seven (7) calendar days from the lifting of ECQ or MECQ over the
NCR or Barangay Bagong Pag-Asa, Quezon City within which to submit, subject to any extension that may be granted by MAO.
53
In accordance with Section 16 of the PCC Interim Guidelines During Periods of Community Quarantine, a request for extension of the period to
complete the information and documents signed by a Party’s authorized signatory may be filed via email no later than two (2) working days period to
the lapse of the deadline for submission.
65
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
of clearance from
other concerned
agencies.
7 The concerned 7.1 The MAO issues an None 1 hour to issue Handling
agencies issue Acknowledgment an email to Attorney of the
Notices of Letter if it inform the Notification
Complete determines that the Proponent Division,
Submission to Letter of Non- Banks that the MAO
the MAO Coverage from MAO has
Compulsory completed its Director,
Notification is not assessment of MAO
covered by the Letter of
compulsory Non-Coverage
notification as and that the
prescribed by the findings will be
PCA and IRR. issued after
Otherwise, the confirmation by
MAO advises the all concerned
Applicant to notify if agencies that
the transaction is they have issued
subject to a Notice of
compulsory Complete
notification, Submission.
The
acknowledgment
issued by the MAO
54
Revised Guidelines on Non-Coverage from Compulsory Notification, §11.
66
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
shall not prevent
the PCC from
commencing a
motu proprio review
of the transaction. 55
55
Rep. Act no. 10667 and its Implementing Rules and Regulations.
56
The total processing time includes the uploading by Proponent Banks of the Letter of Non-Coverage to the MAO E-Notification System, pre-
evaluation by the MAO of the parties’ submissions, and other internal processes to be conducted by the MAO in relation to the Letter of Non-Coverage
filed by the Proponent Banks.
67
CEO
EXTERNAL SERVICES
68
Competition Enforcement Office (CEO)
Enforcement Complaints refer to (1) verified complaints and (2) referrals by regulatory agencies filed
with the PCC. It will undergo an assessment with the following considerations:
• Jurisdiction of the PCC;
• Public Interest;
• Resource Allocation;
• Likelihood of Successful Outcome;
• Non-compliance with Section 2.4 of the 2017 Rules of Procedure in the case of a verified
complaint; and
• Absence of reasonable grounds to commence PI, with due regard to enforcement priorities
set by the Commission.
The assessment of Enforcement Complaints shall be handled by an Intake Team which is composed
of three (3) members of the Competition Enforcement Office (CEO). The Economics Office shall
designate an economist to assist the Intake Team.
57
This supersedes the number of copies required by the Rules in Section 1.8, in relation to Article II of Rule IV on Service and Filing thereof.
69
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
• Statement under oath that the complainant
has read the complaint and that the
allegations therein are true and correct of his
personal knowledge or based on authentic
records.
One (1) original copy and one (1) photocopy of the Requesting Party
Enforcement Complaint and its annexes
Soft copy of the Enforcement Complaint and its Requesting Party
annexes sent via e-mail at
[email protected]
58
Enforcement Complaints may be mailed or personally filed or mailed to the PCC Main Office or any of its existing Investigation and Collaboration
Stations (i-Stations).
59
If filed after the close of business hours or on a Saturday, Sunday or holiday in the place where the PCC holds office, the verified complaint is
deemed filed on the next working day.
60
See Rules, Section 4.12(a).
70
For Enforcement Complaints with Sufficient Requirements
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 (A) Proceeds to 1.1 (A) Receives the None 4 hours (A)
the PCC Office Enforcement Records Officer,
or any of its Complaint and its AO-GSD Records
Investigation annexes, records Unit
and it in the Integrated
Collaboration Information
Stations (i- Management
Stations) on the Application (IIMA)
date confirmed and transmits/
via PCC Client forwards said
Appointment documents to the
System (PCAS) Enforcement
and files the Office; or
Enforcement
Complaint with
the duly (B) Receives the (B)
accomplished Enforcement Legal Assistant,
Submission Complaint and its CEO
Form; or annexes via
enforcement@ph
(B) Sends a soft cc.gov.ph and
copy of the records in the
Enforcement relevant
Complaint via SharePoint folder.
email at
enforcement@p 1.2 Receives, None 6 days, 20 hours Intake Team,
hcc.gov.ph evaluates the CEO
Enforcement
Complaint, and
prepares and
submits the
Intake Report to
the Commission
for decision.
Notes:
71
For referrals from
regulatory
agencies, the
Chairperson shall
acknowledge
receipt of the
submission and
inform the
regulatory agency
of the action to be
taken by the PCC
within three (3)
days from receipt.
1.3 Determines None 3 days The Commission,
whether or not PCC
the Enforcement
Complaint shall
be given due
course taking into
consideration the
following, among
others:
a. Jurisdiction of
the PCC;
b. Public interest;
c. Resource
allocation;
d. Likelihood of a
successful
outcome;
e. Non-
compliance
with the formal
requirements
of a Verified
Complaint; or
f. Absence of
reasonable
grounds to
commence
Preliminary
Inquiry.
Issues a
Resolution
reflecting its
decision.
72
1.4 Issues a None 10 days Board Secretary,
certification on Office of the
the resolution or Chairperson-
action of the Commission
Commission, and Secretariat
forwards to the
Enforcement
Office.
73
For Enforcement Complaints Lacking Verification or Defective Verification
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 (A) Proceeds to 1.1 (A) Receives the None 4 hours (A)
the PCC Office Enforcement Records Officer,
or any of its Complaint and its AO-GSD Records
Investigation annexes, records Unit
and it in the Integrated
Collaboration Information
Stations (i- Management
Stations) on the Application
date confirmed (IIMA), and
via PCC Client transmits/
Appointment forwards said
System (PCAS), documents to the
and files the Enforcement
Enforcement Office; or
Complaint with
the duly
accomplished (B) Receives the (B)
Submission Enforcement Legal Assistant,
Form; or Complaint and its CEO
annexes via
(B) Sends a soft enforcement@ph
copy of the cc.gov.ph and
Enforcement records in the
Complaint via relevant
email at SharePoint folder.
enforcement@p 1.2 Returns None 1 working day CEO Director,
hcc.gov.ph complaint to CEO
complainant and
informs the latter
that the complaint
is considered as
not filed.
2 Receives notice None None None None None
of defective
verification or
incomplete
information.
TOTAL None 1 working day
and 4 hours
“Receipt and Processing of Enforcement Complaints” is covered under RA 10667 and the 2017 Rules of Procedure of
the PCC.
74
Competition Enforcement Office (CEO)
75
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Submits the 1.1 Acknowledges None 1 working day Office of the
question/query the receipt of the Executive
with details email 61, reviews Director or
mentioned in the and assigns an System-
checklist of Attorney to draft a generated
requirement via response and/or response
email or via the memorandum, if
online portal necessary or
Division
Chief/Attorney V,
CEO
1.2 Prepares the None 11 working days Duty Officer
response and/or CEO
memorandum
and submits for
review
1.3 Reviews, None 1 working day Division
approves the Chief/Attorney V,
draft response CEO
and/or
memorandum
and forwards to
the assigned
personnel
1.4 Finalizes, e-mails None 1 working day Duty Officer,
the response to CEO
the requesting
party informing of
next course/s of
action to be
taken, if
necessary.
61
If thru [email protected], the Office of the Executive Director (OED) acknowledges receipt of email; If thru the online portal,
acknowledgement is automatically generated.
76
Competition Enforcement Office (CEO)
6) Issuance of Binding Ruling
This service details how any entity who is in doubt as to whether a contemplated act, course of
conduct, agreement, or decision (the “Subject Matter”) is in compliance with, exempt from, or in
violation of any of the provisions of the Act, its implementing rules, or other competition laws, may
request the Commission, in writing, to render a Binding Ruling thereon.
1. The Subject Matter has not been executed or implemented, and no prior verified complaint
or referral from a regulatory agency has been filed, or investigation has been initiated on
the Subject Matter;
2. All acts preparatory to the Subject Matter should not be in violation of the PCA, its
implementing rules, or other competition laws; and
3. The Subject Matter does not involve a merger or an acquisition.
77
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
Each request shall be limited to only one Subject
Matter.
Payment Fee – the requesting party shall pay Requesting Party
within five (5) days from notice thereof a fee of
one to three percent (1%-3%) of the value of the
Entity’s assets or annual revenues, whichever is
higher.
• The value of assets shall be based on the last
regularly prepared balance sheet or the most
recent audited financial statements.
• The value of annual revenues shall be based
on the last regularly prepared annual
statement of income and expense of the Entity.
If CEO does not require an extension of sixty (60) days for the evaluation and comment on the
Request for Binding Ruling:
Granting of due
course shall be
conditioned upon
the payment of the
assessed fees
within five (5) days
from notice thereof.
78
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
2 Proceeds to 2.1 Processes One 30 minutes Cashier,
the PCC Office payment and percent AO-GSD Cashier
on the date issues an official (1%) to Unit
confirmed via receipt. three
PCAS and percent
pays the fees The Cashier shall (3%) of the
assessed in stamp the Order as value of the
the Order “Paid”, indicating requesting
granting due the date of entity’s
course within payment and assets or
five (5) days official receipt annual
from notice number. revenues,
thereof. whichever
is higher
2.2As may be directed None 90 days Director,
by the CEO
Commission,
evaluates and Attorney,
submits its CEO- Litigation
comment to the Division
request for Binding
Ruling.
2.3 Receives CEO’s None 30 days The Commission
comment and
issues the Binding
Ruling.
4 Receives the None None None None None
Binding Ruling
TOTAL One 135 days, 45
percent minutes
(1%) to
three
percent
(3%) of the
value of
the
requesting
entity’s
assets or
annual
revenues,
whichever
is higher
“Issuance of Binding Ruling” is covered under RA 10667 and the 2017 Rules of Procedure of the Philippine
Competition Commission (PCC).
79
TOTAL FEES TO BE PAID: One percent (1%) to three percent (3%) of the value of the
requesting entity’s assets or annual revenues, whichever is
higher
TOTAL PROCESSING TIME: 135 working days, 45 minutes
Notes:
• On Agency Action 2.2:
o The period may be shortened in consideration of the specific circumstances relating to the Subject
Matter.
o The running of the period shall stop when the EO requests for additional information, and shall run
again once the EO determines that the entity has submitted all the requested information
• On Agency Action 2.3:
o A favorable Binding Ruling shall be for a specified period, subject to extension as may be determined
by the Commission, and based on substantial evidence;
o The Commission may terminate the proceedings without issuing a Binding Ruling if the Entity does
not pay the fee under Section 3.4 of the 2017 Rules of Procedure.
o The proceedings may also be terminated based on, among others, the same considerations provided
in Section 3.3 of the 2017 Rules of Procedure should they become evident or manifest after the
request has been given due course. Unless the termination is based on paragraphs (c), (d), and (e)
of Section 3.3 of the 2017 Rules of Procedure, the Entity may file a new request for Binding Ruling
on the same Subject Matter in accordance with this Rule. The filing of such request shall be treated
as a new proceeding
• In computing any period of time prescribed or allowed by the 2017 Rules of Procedure, the day of the act or
event from which the designated period of time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday
where the Commission sits, the time shall not run until the next working day.
80
If CEO requires an extension of sixty (60) days for the evaluation and comment on the
Request for Binding Ruling:
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
1 Proceeds to the 1.1 Receives the None 15 minutes Records Officer,
PCC Office on verified Request AO-GSD Records
the date for Binding Ruling Unit
confirmed via and audited
PCC Client financial
Appointment statements for the
System (PCAS) immediately
and files a preceding
Verified Request financial year.
for Binding 1.2 Gives due course None 15 days Commission
Ruling. to the request
and direct the EO
to file a comment
thereon, or deny
the same.
Granting of due
course shall be
conditioned upon
the payment of
the assessed
fees within five
(5) days from
notice thereof.
2 Proceeds to the 2.1 Processes One 30 minutes Cashier,
PCC Office on payment and percent AO-GSD Cashier
the date issues an official (1%) to Unit
confirmed via receipt. three
PCC percent
Appointment The Cashier shall (3%) of the
System (PCAS) stamp the Order value of
and pays the as “Paid”, the
fees assessed in indicating the requesting
the Order date of payment entity’s
granting due and official assets or
course within receipt number. annual
five (5) days revenues,
from notice whichever
thereof. is higher
2.2 As may be None 150 days Director,
directed by the CEO
Commission,
evaluates and Attorney,
submits its CEO- Litigation
comment to the Division
request for
Binding Ruling.
2.3 Receives CEO’s None 30 days The Commission
comment and
issues the
Binding Ruling.
4 Receives the None None None None None
Binding Ruling
81
TOTAL One 195 days, 45
percent mins
(1%) to
three
percent
(3%) of the
value of
the
requesting
entity’s
assets or
annual
revenues,
whichever
is higher
“Issuance of Binding Ruling” is covered under RA 10667 and the 2017 Rules of Procedure of the Philippine Competition
Commission (PCC).
TOTAL FEES TO BE PAID: One percent (1%) to three percent (3%) of the value of the
requesting entity’s assets or annual revenues, whichever is
higher
TOTAL PROCESSING TIME: 195 days, 45 mins
Notes:
• On Agency Action 2.2:
o The period may be shortened in consideration of the specific circumstances relating to the Subject
Matter.
o The running of the period shall stop when the EO requests for additional information, and shall run
again once the EO determines that the entity has submitted all the requested information
• On Agency Action 2.3:
o A favorable Binding Ruling shall be for a specified period, subject to extension as may be determined
by the Commission, and based on substantial evidence;
o The Commission may terminate the proceedings without issuing a Binding Ruling if the Entity does
not pay the fee under Section 3.4 of the 2017 Rules of Procedure.
o The proceedings may also be terminated based on, among others, the same considerations provided
in Section 3.3 of the 2017 Rules of Procedure should they become evident or manifest after the
request has been given due course. Unless the termination is based on paragraphs (c), (d), and (e)
of Section 3.3 of the 2017 Rules of Procedure, the Entity may file a new request for Binding Ruling
on the same Subject Matter in accordance with this Rule. The filing of such request shall be treated
as a new proceeding
• In computing any period of time prescribed or allowed by the 2017 Rules of Procedure, the day of the act or
event from which the designated period of time begins to run is to be excluded and the date of performance
included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday
where the Commission sits, the time shall not run until the next working day.
82
CKMO
EXTERNAL SERVICE
83
Communications and Knowledge Management
Office – Capacity-Building and Advocacy Division
(CKMO-CBAD)
FEES
AGENCY PROCESSING PERSON
NO. CLIENT STEPS NO. TO
ACTION TIME RESPONSIBLE
BE PAID
1 Downloads Training 1.1 Checks None 15 mins COOP focal,
Request Form completeness of CKMO-CBAD
(TRF) from PCC information
website, provided in the
accomplishes and , TRF,
submits via e-mail acknowledges
(at receipt, assigns
[email protected]) control number
and logs request.
1.2 Assesses the None 1 working day Division Chief,
viability of the CKMO-CBAD
client request
based on set COOP focal,
criteria: CKMO-CBAD
a. Availability on
date/s
requested vis-
a-vis CKMO’s
84
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
training
calendar;
b. Number and
composition of
target
participants;
c. Client
resources to
be provided;
d. Availability of
PCC
resources,
i.e.,
availability of
subject matter
experts,
online
platform and
availability of
PCC funds to
support the
training, if
needed.
1.3 Prepares None 3 hours Division Chief,
recommendation CKMO-CBAD
of CBAD Chief
and submits to COOP focal,
the office of CKMO-CBAD
CKMO Director
for approval
1.4 Approves/ None 4 hours CKMO Director
disapproves
CBAD
recommendation.
1.5 Prepares draft None 30 minutes COOP focal,
reply letter on the CKMO-CBAD
client’s training
request.
If positive
response will be
relayed, agrees
with the client on
logistical
arrangements for
the training.
If otherwise,
advises client that
the request was
not approved and
enjoins client to
attend the
upcoming PCC
event instead.
1.6 Reviews and None 4 hours Director,
signs reply letter CKMO
85
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
on the client’s
training request.
1.7 Transmits signed None 15 minutes COOP focal,
reply letter to the CKMO-CBAD
client.
2 Acknowledges the 2 Conducts and None 4 hours CKMO-CBAD
receipt of the facilitates the Team,
letter/information on orientation- CKMO
the orientation- seminar on
seminar. agreed date.
TOTAL None 3 working days
86
AO
ADMINISTRATIVE OFFICE
EXTERNAL SERVICE
87
Administrative Office –
Human Capital Management Division (AO-HCMD)
8) Issuance of Certificate of Employment (COE) and Service Record (SR)
This service describes the procedure on how PCC officials and employees or those whose services
are engaged through Job Order contracts (currently employed and separated) can request for a
COE and SR for verification of their employment date and standing, job title, and compensation.
89
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
2 Acknowledges None None None None None
the e-mail and
retrieves the
approved
document on
their available
time.
TOTAL: None 2 working days
91
OCCS-DMASD
INTERNAL SERVICES
92
Office of The Commission Clerk and Sheriff-Docket
Management and Administrative Support Division
(OCCS-DMASD)
93
AGENCY FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
1.4 Releases None 15 minutes Board Secretary,
document: DMASD
(Commission
For certified Secretariat)
true copy –
e-mails
client the
date and
time of pick-
up.
94
OGC
INTERNAL SERVICES
95
Office of the General Counsel –
Legal Services Division (OGC-LSD)
This service details the procedure of how PCC Offices can request for Legal Opinion on Applicability
of Laws, Contracts and on their Interpretation and Implementation, and other Legal Matters.
96
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1.4 Make an initial None 3 days Atty. II & Atty. III,
research on the OGC-LSD
legal question in the
Memo.
1.5 Sets a meeting with None 15 minutes Atty. II & Atty. III,
the concerned OGC-LSD
Office to discuss
and clarify the legal
question.
2 Confirms 2.1 Acknowledges the None 5 minutes Atty. II/Atty. III,
availability for a receipt of the OGC-LSD
meeting. confirmation from
the client.
2.2 Conducts the None 1 hour Atty. II & Atty. III,
meeting with the OGC-LSD
concerned Office.
2.3 Prepares initial draft None 3 days Atty. II & Atty. III,
of the Legal OGC-LSD
Opinion
incorporating the
necessary
information
discussed during
the meeting.
2.4 Reviews the draft None 2 days Attorney IV,
Legal Opinion. OGC-LSD
2.5 Revises the initial None 2 days Atty. II & Atty. III,
draft incorporating OGC-LSD
the comments and
edits of Attorney IV
(which includes
conduct of
additional
research).
2.6 Reviews the None 2 days Attorney IV,
revised Legal OGC-LSD
Opinion and
submits it to the
Division Chief.
2.7 Reviews the None 2 days Division Chief,
revised Legal OGC-LSD
Opinion.
2.8 Incorporates the None 2 days Attorney II,
edits and Attorney III &
comments of the Attorney IV,
Division Chief OGC-LSD
(which may
require additional
research).
2.9 Conducts final None 1 day Division Chief,
review and OGC-LSD
clearance of the
Legal Opinion.
2.10 Furnishes the None 15 minutes Legal Assistant,
concerned Office OGC-LSD
97
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
with an electronic
or original copy of
the Legal Opinion.
3 Acknowledges None None None None None
the receipt of
the Legal
Opinion.
TOTAL None 17 working
days,
2 hours,
5 minutes
98
Office of the General Counsel –
Legal Services Division (OGC-LSD)
This service details the procedure of how an employee of the PCC can request for a certification
stating that there is no pending administrative case filed against them before the PCC.
FEES
TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE TIME RESPONSIBLE
PAID
1 Submits the 1.1 Receives and None 15 minutes Legal Assistant,
accomplished assesses if the OGC-LSD
Request Form to information in the
the OGC-LSD Request Form is
through its official complete.
email address or at 1.2 Forwards the None 5 minutes Legal Assistant,
its office. Request to the OGC-LSD
OGC-LSD Division
Chief.
1.3 Assesses and None 10 minutes Division Chief,
acknowledges OGC-LSD
receipt of the
Request.
1.4 Confirms with the None 8 hours Legal Assistant,
OGC-LSD’s OGC-LSD
existing records if
the Requestor has
no pending
administrative case
filed before it.
99
FEES
TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE TIME RESPONSIBLE
PAID
1.5 Prepares the initial None 1 hour Legal Assistant,
draft of the OGC-LSD
certification.
1.6 Reviews the initial None 5 hours Attorney IV,
draft and makes OGC-LSD
necessary
revisions to the
certification.
1.7 Reviews the draft None 3 hours Division Chief,
certification. OGC-LSD
Alternatively, for
electronic
requests, affix their
electronic
signature on the e-
certification.
1.8 Finalizes the None 30 minutes Legal Assistant,
certification and OGC-LSD
forwards the
document to the
requesting party.
2 Acknowledges 2.1 None None None None
receipt of the
certificate issued by
the OGC-LSD.
TOTAL None 2 working
days, 6 hours,
15 minutes
100
CKMO
INTERNAL SERVICES
101
Communications and Knowledge Management
Office − Knowledge Management Division
(CKMO-KMD)
12) Circulation of Library Books - Borrowing
This service details the procedure on how PCC officials and employees may borrow books from the
PCC library.
Manual system
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Presents PCC 1 Checks the PCC None 1 minute Information Officer,
ID and the ID, receives the CKMO-KMD
book/s to be book/s to be
borrowed. borrowed,
retrieves the
book card/s, and
instructs the
client to
accomplish the
respective book
card/s (indicating
the client's
name, office,
signature, and
time of request).
2 Accomplishes 2 Checks account None 3 minutes Information Officer,
the book status, scans CKMO-KMD
card/s. and checks out
the book/s at the
ILS.
102
Submits the indicates the due
accomplished date.
book card. 3.2 Signs the due None 1 minute Information Officer,
date slip. CKMO-KMD
3.3 Releases the None 1 minute Information Officer,
book/s. CKMO-KMD
4 Receives None None None None None
book/s.
TOTAL None 7 minutes
103
Communications and Knowledge Management
Office – Knowledge Management Division
(CKMO-KMD)
13) Circulation of Library Books – Returning
This service details the procedure on how PCC officials and employees return borrowed library
books to the PCC library.
Manual System
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Presents the 1.1 Receives None 2 minutes Information Officer,
book/s to be evaluates the CKMO-KMD
returned. physical state of
the book/s.
1.2 Instructs the client None 1 minute Information Officer,
to accomplish the CKMO-KMD
respective book
card/s (indicating
the client’s name,
office, signature,
and time of
request)
2 Accomplishes 2.1 Scans and checks None 3 minutes Information Officer,
the book in the book/s at the CKMO-KMD
card/s. ILS.
104
Ticketing System
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Submits ticket 1.1 Receives email None 3 minutes Information Officer,
using the notification of the CKMO-KMD
Library request. Checks
Automated and evaluates the
Borrowing- physical state of
Returning- the book/s.
Renewing 1.2 Scans and checks None 3 minutes Information Officer,
System in the book/s at the CKMO-KMD
(LABS), and ILS.
presents the
book/s. *If the ILS is down, the
client indicates the
check in time of the
book/s in the logbook.
TOTAL None 6 minutes
105
Communications and Knowledge Management
Office – Knowledge Management Division
(CKMO-KMD)
14) Circulation of Library Books – Renewing/Re-borrowing
This service details the procedure on how PCC officials and employees may renew/re-borrow
library books from the PCC library.
Office: Communications and Knowledge Management Office –
Knowledge Management Division (CKMO-KMD)
Classification: Simple
Type of Transaction: G2G – Government to Government
Schedule of Availability: 9:00AM to 5:00PM, Monday – Friday
Who May Avail: PCC Officials and Employees
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
Accomplished Book Card/s PCC Library
Book/s to be renewed/re-borrowed Requesting Party
Manual System
FEES
AGENCY TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE TIME RESPONSIBLE
PAID
1 Presents the book/s to 1.1 Receives and None 2 minute Information
be renewed. evaluates the Officer, CKMO-
physical state KMD
of the book/s.
1.2 Retrieves the None 3 minute Information
book card/s of Officer, CKMO-
the book/s for KMD
renewal, and
instructs the
client to
accomplish the
book card/s (
indicating the
client's name,
office,
signature, and
time of
request).
1.3 Checks None 6 minutes Information
account Officer, CKMO-
status, scans KMD
the bar code/s
of the book/s
for checking in
and checking
out at the ILS.
106
FEES
AGENCY TO PROCESSING PERSON
NO. CLIENT STEPS NO.
ACTION BE TIME RESPONSIBLE
PAID
the book/s in the
logbook.
3 Submits the 3.1Signs the book None 3 minutes Information
accomplished book card/s and due Officer, CKMO-
card/s. date slip to KMD
indicate new
due date.
3.2 Releases the None 1 minute Information
renewed Officer, CKMO-
book/s. KMD
4 Receives book/s None None None None None
renewed.
TOTAL None 15 minutes
107
Ticketing System
108
AO
ADMINISTRATIVE OFFICE
INTERNAL SERVICE
109
Administrative Office –
Human Capital Management Division (AO-HCMD)
15) Issuance of Certificate of Employment (COE) and
Service Record (SR)
This service describes the procedure on how PCC officials and employees or those whose services
are engaged through Job Order contracts (currently employed and separated) can request for a
COE and SR for verification of their employment date and standing, job title, and compensation.
110
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1.3 Prepares the None 4 hours Human Resource
requested Management
document, Officer,
endorses it to the AO-HCMD
Chief
Administrative
Officer for review
and initials.
111
TOTAL FEES TO BE PAID: None
TOTAL PROCESSING TIME: 2 working days
Note:
• For external clients, upon pick-up of the approved document at the PCC Office, the client must
make an appointment through the PCC Website (www.phcc.gov.ph) under the tab “Make an
Appointment”.
113
Administrative Office –
General Services Division (AO-GSD)
16) Issuance of Authenticated Copies of Official Records
This service describes the procedure on how PCC employees may request authenticated copies
of PCC administrative issuances (i.e., Special Orders, Local Travel Orders, Foreign Travel Orders)
in the custody of the AO-GSD Records Unit.
114
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
1.6 Releases the None 10 minutes Records Officer,
authenticated AO-GSD Records
record/s. Updates Unit
status of the
request via GSD-
SRS.
2 Receives the 2 Closes the request None N/A Records Officer,
authenticated details via GSD- AO-GSD Records
record/s and SRS. Unit
rates the
service.
115
Administrative Office –
General Services Division (AO-GSD)
17) Requisition and Issuance of Supplies and Equipment
This service describes the procedure for requisition and issuance of in-stock inventory items and
equipment, which starts from the preparation of Requisition and Issuance Slip (RIS) and ends with
the issuance and receipt of the requested item/s.
If applicable, generate
and print property
sticker/s for tagging of
equipment under
PAR/ICS.
1.7 Records the released None 20 minutes Supply Officer,
items including its AO-GSD
quantity, date of
issuance and the
requesting party in the
AO-GSD-Accounting
common file and AO-
GSD Stock Card.
1.8 Signs the “Issued by” None 18 minutes Supply Officer,
portion of the RIS and AO-GSD
releases the requested
items/equipment.
2 Receives the 2.1 Produce additional two None 2 minutes Supply Officer,
items/equipm (2) photocopies of the AO-GSD
ent and fills- RIS for supply Officer’s
out the file and RSMI file.
“Received
by” portion
together with
date and
time.
TOTAL None 2 hours, 20
minutes
TOTAL FEES TO BE PAID: None
TOTAL PROCESSING TIME: 2 hours, 20 minutes
117
When Supplies and/or Equipment are not available:
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1 Submits 1.1 Reviews the submitted None 5 minutes Supply Officer,
Requisition RIS, if the form used is AO-GSD
and Issuance updated, properly
Slip (RIS) in accomplished, and
one (1) copy, verifies the
originally/e- completeness of
signed and information indicated,
approved by i.e., item requested,
the Director/ quantity and unit.
Division 1.2 Signs the “Received” None 3 minutes Supply Officer,
Chief. portion below the RIS AO-GSD
form and indicates the
date and time it was
received.
1.3 Checks the availability None 10 minutes Supply Officer,
of the items being AO-GSD
requested on the stock
card posted at cabinet
storages or in the AO-
GSD-Accounting
common file.
1.4 Marks the item/s as None 30 minutes Supply Officer,
stock not available in AO-GSD
the RIS form, produce
one (1) photocopy for
Supply Officer’s file
and forwards another
copy of RIS to the
requesting party.
118
Administrative Office –
General Services Division (AO-GSD)
18) Provision of Service Vehicle
This service describes the procedures on how PCC offices and employees can request the use of
the PCC’s service vehicles. The Motor Pool Service provides access to entitled officials and
employees on the use of service vehicle to carry out operational and administrative requirements of
the concerned PCC Office.
To reserve a service vehicle, the employee must log-in to the Motor Pool Reservation System
(MPRS). The MPRS is a web-based information system designed to manage and operate motor
pool reservation, dispatching of motor vehicles and drivers, monitor end-user’s trip request, and
evaluate the performance of motor pool vehicles and drivers.
If no vehicle is available:
120
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
and availability of Administrative
vehicles in the Officer II,
MPRS. AO-GSD
1.3 Informs CAO or None 10 minutes Administrative
SAO (in case of the Officer III /
absence of CAO) for Administrative
“Certification of Non- Officer II,
availability of Pooled AO-GSD
Vehicle”.
121
Administrative Office –
Human Capital Management Division (AO-HCMD)
19) Issuance of Travel Authority
This service details the procedure on how PCC officials and employees holding plantilla positions
can request for a Travel Authority for their trips abroad for purely personal or private purpose,
without cost to the government.
122
CHECKLIST OF REQUIREMENTS WHERE TO SECURE
1.4 Reviews and None 30 minutes Chief
initials on the Administrative
Travel Authority. Officer,
AO-HCMD
1.5 Forwards the None 10 minutes Human Resource
Travel Authority to Assistant,
the Executive AO-HCMD
Director for
signature.
1.6 Receives the None 5 minutes Secretary II,
Travel Authority Office of the
and its Executive
attachment. Director
1.7 Reviews and None 1 hour Executive
approves the Director,
Travel Authority Office of the
and transmits it to Executive
the AO-HCMD. Director
Secretary II,
Office of the
Executive
Director
1.8 Receives the None 15 minutes Human Resource
Approved Travel Assistant,
Authority and its AO-HCMD
attachment and
forwards to the
Human Resource
Management
Officer.
1.9 Informs the client None 5 minutes Human Resource
on the availability Management
of the approved Officer,
Travel Authority AO-HCMD
and releases it.
2 Claims the None None None None None
approved
Travel
Authority.
TOTAL: None 2 hours, 50
minutes
123
Administrative Office –
Human Capital Management Division (AO-HMCD)
This service details the procedure on how PCC officials and employees can request approval of
their proposed local capacity building programs which cost Php 50,000.00 and below.
Capacity-building programs refer to externally provided and/or organized programs that are in the
form of training, boot camp, study tour or fellowship, staff secondment or internship, study with
examination/certification, or other similar programs. It excludes programs where the official or
employee is attending the program as: (a) resource person, panelist, discussant or presenter; (b)
delegate in a ministerial meeting; (c) member of a team for a PCC mission (e.g., consultation with
competition authorities, etc.); (d) a requisite to perform the functions of an ad hoc committee or team
(e.g., Quality Management Team, etc.); or (e) part of mandatory continuing professional education
or development.
124
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1.2 Reviews relevance None 4 hours Human Resource
of the program to Management Officer,
the PCC and AO-HCMD
supplies
computation of
projected cost,
previous attendees
and feedback (if
applicable).
1.3 Consolidates all None 1 day Human Resource
received requests Management Officer,
and submits to the AO-HCMD
Personnel
Development
Committee (PDC)
Secretariat Head.
1.4 Reviews the list of None 4 hours Chief Administrative
programs and Officer (as PDC
forwards to the PDC Secretariat Head),
Chairperson. AO-HCMD
1.5 Approves the None 4 hours Chairperson,
inclusion of the Personnel
requested programs Development
in the PDC Meeting Committee
agenda.
1.6 Notifies the PDC via None 4 hours Human Resource
e-mail on the Management Officer,
schedule and AO-HCMD
agenda of the PDC
meeting.
1.7 Decides on the None 1 day PCC Personnel
program. Development
Committee
The decision to
participate in the
program may include:
(a) identified
grantee/s and/or
office/s; (b) number
of slots; (c)
entitlements and
obligations; and/or
(d) other matters
deemed necessary.
1.8 Informs via e-mail None 4 hours Human Resource
the concerned Management Officer,
Offices/employees AO-HCMD
of the decision
and/or releases Call
for Nominations to
target Office/Unit.
2 Receives the None None None None None
pertinent
information
regarding
the request.
125
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
TOTAL None 4 working
days, 4 hours,
10 minutes
126
Administrative Office –
Human Capital Management Division (AO-HCMD)
21) Processing of Request for the Approval of Local Capacity-Building
Programs (amounting to Php 50,000.01 and above)
This service details the procedure on how PCC officials and employees can request approval of
their proposed local capacity-building programs amounting to Php 50,000.01 and above.
Capacity-building programs refer to externally provided and/or organized programs that are in the
form of training, boot camp, study tour or fellowship, staff secondment or internship, study with
examination/certification, or other similar programs. It excludes programs where the official or
employee is attending the program as: (a) resource person, panelist, discussant or presenter; (b)
delegate in a ministerial meeting, including those with international partners (e.g., ASEAN, AEGC,
etc.); (c) member of a team for a PCC mission (e.g., consultation with competition authorities, etc.);
(d) a requisite to perform the functions of an ad hoc team/committee (e.g., Quality Management
Team, etc.); or (e) part of mandatory continuing professional education or development.
127
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1.2 Reviews None 4 hours Human Resource
relevance of the Management
program to the Officer,
PCC and AO-HCMD
supplies
computation of
projected cost,
previous
attendees, and
feedback (if
applicable).
1.3 Consolidates the None 1 day Human Resource
requests and Management
submits to the Officer,
PDC Secretariat AO-HCMD
Head.
1.4 Reviews the None 4 hours Chief
program/s Administrative
requested and Officer (as PDC
submits to the Secretariat
PDC Head),
Chairperson. AO-HCMD
The decision to
participate in the
program may
include: (a)
identified
grantee/s and/or
office/s; (b)
number of slots;
(c) entitlements
and obligations;
and/or
(d) other matters
deemed
necessary.
1.11 Informs via e-mail None 4 hours Human Resource
the concerned Management
Offices/ Officer,
employees of the AO-HCMD
decision and/or
releases Call for
Nominations to
target Office/
Unit.
2 Receives the None None None None None
pertinent
information
regarding
the request.
TOTAL None 6 working
days, 4 hours,
10 minutes
129
Administrative Office –
Human Capital Management Division (AO-HCMD)
22) Processing of Request for the Approval of Foreign Capacity-
Building Programs
This service details the procedure on how PCC officials and employees can request approval of
their proposed foreign capacity-building programs.
Capacity-building programs refer to externally provided and/or organized programs that are in the
form of training, boot camp, study tour or fellowship, staff secondment or internship, study with
examination/certification, or other similar programs. It excludes programs where the official or
employee is attending the program as: (a) resource person, panelist, discussant or presenter; (b)
delegate in a ministerial meeting, including those with international partners (e.g., ASEAN, AEGC,
etc.); (c) member of a team for a PCC mission (e.g., consultation with competition authorities, etc.);
(d) a requisite to perform the functions of an ad hoc team/committee (e.g., Quality Management
Team, etc.); or (e) part of mandatory continuing professional education or development.
130
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1.2 Reviews relevance None 4 hours Human Resource
of the program to the Management
PCC and supplies Officer,
computation of AO-HCMD
projected cost,
previous attendees,
and feedback (if
applicable).
1.3 Consolidates None 1 day Human Resource
requests received Management
and submits to the Officer,
PDC Secretariat AO-HCMD
Head.
1.4 Reviews the None 4 hours Chief
program/s requested Administrative
and submits to the Officer (as PDC
PDC Chairperson. Head
Secretariat),
AO-HCMD
1.5 Submits list of None 4 hours Chairperson,
programs for Personnel
inclusion in the Development
Commission Committee
Meeting agenda.
1.6 Confirms inclusion of None 4 hours Commission
the program/s in the Secretariat
Commission
Meeting agenda.
1.7 Decides on the None 1 day Commission
program.
The decision to
participate in the
program may include:
(a) identified grantee/s
and/or office/s; (b)
number of slots; (c)
entitlements and
obligations; and/or
(d) other matters
deemed necessary.
1.8 Informs via e-mail None 4 hours Human Resource
the concerned Management
Offices/ Officer,
employees of the AO-HCMD
decision and/or
releases Call for
Nominations to
target Office/Unit.
2 Receives the None None None None None
pertinent
information
regarding
the request
TOTAL None 4 working
days, 4 hours,
10 minutes
131
TOTAL FEES TO BE PAID: None
TOTAL PROCESSING TIME: 4 working days, 4 hours, 10 minutes
Notes:
• Submission of proposed programs with complete requirements must be made 5 working days prior
the regular PDC meetings.
o PDC meetings are schedule every second (2nd) Monday of the Month depending on the
availability of the PDC Chairperson and Members.
• Administrative Matters are discussed during Thursday Commission Meetings.
• The AO-HCMD, which serves as the PDC Secretariat, consolidates all submitted requests 4
working days before the scheduled PDC meeting, and presents to the PDC Secretariat Head and
PDC Chairperson for clearance before inclusion in the agenda.
132
Administrative Office –
Human Capital Management Division (AO-HCMD)
23) Processing of Requests to Participate in Approved Capacity-
Building Programs (Foreign and Local Programs)
This service details the procedure on how PCC officials and employees can request participation in
capacity-building programs approved by the Personnel Development Commission and/or the
Commission.
133
AGENCY FEES TO PROCESSING PERSON
NO CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
about the
nominees.
1.4 Decides on the None 1 day Personnel
request. Development
Committee (PDC)
1.5 Informs the None 4 hours Human Resource
concerned Management
Offices/ Officer,
employees of AO-HCMD
the decision via
e-mail and, if
approved, the
additional
requirements to
be submitted.
2 Receives the None None None 2 days None
pertinent
information/
decision; if
approved,
prepares the
additional
requirements
needed as
indicated in the
checklist of
requirements.
3 Submits 3.1 Receives None 10 minutes Human Resource
additional document/s Assistant,
requirements for AO-HCMD
approved 3.2 Prepares the None 1 day, 4 hours Human Resource
requests/ following Management
nominations to documents: Officer,
AO-HCMD. AO-HCMD
a. Endorsement
Memorandum
specifying how
the
participation,
particularly
those
involving local
and foreign
travels,
conforms to
Section 3 of
Executive
Order No. 77,
s. 2019;
b. Foreign Travel
Order
(FTO)/Special
Order (SO);
and
c. Computation/
breakdown of
134
AGENCY FEES TO PROCESSING PERSON
NO CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
allowances, if
applicable.
3.3 Reviews draft None 4 hours Supervising
memorandum, Administrative
FTO/SO, Officer,
computation/ AO-HCMD
breakdown of
allowances and
completeness of
all required
documents/
information.
3.4 Clears and None 2 hours Chief
endorses all Administrative
documents to Officer,
the Director of AO-HCMD
the
Administrative
Office.
3.5 Reviews, signs None 2 hours Director IV,
endorsement Administrative
memorandum. Office
3.6 Reviews None 1 day Budget Officer,
entitlement, FPMO-Budget
computation, Division
certifies
availability of Director IV,
funds and FPMO
forwards to
OED.
3.7 Reviews and None 1 day Executive
endorses Assistant,
documents to Office of the
the OTC. Executive Director
Executive Director
3.8 Reviews None 1 day Head Executive
documents and Assistant,
approves/signs Office of the
the FTO/SO and Chairperson
computation/
breakdown of Chairperson
allowances, if
applicable.
3.9 Transmits None 10 minutes Administrative
approved Assistant,
FTO/SO to AO- Office of the
HCMD. Chairperson
3.10 Assigns None 10 minutes Human Resource
reference Management
number to the Officer,
FTO/SO. AO-HCMD (for
FTOs)
Records Officer,
Administrative
Office (for SOs)
135
AGENCY FEES TO PROCESSING PERSON
NO CLIENT STEPS NO.
ACTION BE PAID TIME RESPONSIBLE
3.11 Records and None 2 hours Records Officer,
issues copy of Administrative
FTO/SO to Office
concerned
employees.
4 Receives copy None None None None None
of the FTO/SO.
TOTAL None 10 working
days, 2 hours,
40 minutes
136
Administrative Office – Information and
Communications Technology Division (AO-ICTD)
24) Provision of Information and Communications Technology
(ICT) Services for Routine and General Requests
This service describes the procedure on how PCC Offices and employees can request support from
the AO-ICTD for Routine (Low) and General request/s (Medium). Routine requests can be
categorized for services which involve enhancement, planned change and typical application
questions, while General requests are for services that support system/application upgrading and
other issues. You may refer the Annex C for more details on what services fall under Routine and
General Requests.
The requests are facilitated using the ICT Service Request System (ICT-SRS). The ICT-SRS is a
web-based system that aims to facilitate the process wherein user/s create a request such as
connection to a network or service, access to a certain file or information, or other technical
difficulties, which will be responded by assigned AO-ICTD personnel.
137
FEES TO PROCESSING PERSON
NO. CLIENT STEPS NO. AGENCY ACTION
BE PAID TIME RESPONSIBLE
1 Enters the web 1.1 Reviews, validates None 2 hours ICT Division
domain and the service request Chief,
creates a ticket details, and AO-ICTD
on ICTD assigns an ICTD
Service personnel to
Request address the
System (SRS). request.
1.2 Acknowledges the None 1 hour ICTD Personnel,
If needed assignment of AO-ICTD
special access, service request,
fills out and performs
submits an assessment, and
ICTD Service informs the
Request Form. requesting party on
the activities to be
undertaken moving
forward.
1.3 Implementation of None 1 day, 4 hours ICTD Personnel,
the service request. AO-ICTD
If not resolved, go
back to Step 1.2.
2 Rates the 2 Closes None 1 hour ICTD Personnel,
service ticket/service AO-ICTD
rendered request through the
through ICT ICT SRS.
SRS.
TOTAL None 2 working
days, 2 hours
138
Administrative Office – Information and
Communications Technology Division (AO-ICTD)
This service describes the procedure on how PCC Offices and employees can request support from
the AO-ICTD for User Control (High) and Mission Critical Request/s (Urgent). User control request
can be categorized for concerns wherein requestor cannot carry out normal work responsibilities
and no alternative is available, while Mission-critical requests are for services that need to be
resolved as soon as possible with widespread impact, or reported as emergency. You may refer to
Annex C for more details on what services fall under User Control and Mission Critical Requests.
The requests are facilitated using the ICT Service Request System (ICT-SRS). The ICT-SRS is a
web-based system that aims to facilitate the process wherein user/s create a request such as
connection to a network or service, access to a certain file or information, or other technical
difficulties, which will be responded by assigned AO-ICTD personnel.
139
If the Service Request does not Require Third-Party Assistance:
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1 Enters the 1.1 Reviews, validates None 2 hours ICT Division Chief,
web domain the service request AO-ICTD
and creates a details, and
ticket on ICTD assigns an ICTD
Service personnel to
Request address the
System request.
(SRS). 1.2 Acknowledges the None 2 days ICTD Personnel,
assignment of AO-ICTD
if needed service request,
special performs
access, fills assessment, and
out and informs the
submits an requesting party on
ICTD Service the activities to be
Request undertaken moving
Form. forward.
1.3 Implementation of None 5 days ICTD Personnel,
the service AO-ICTD
request.
1.4 Conducts testing, None 7 days ICTD Personnel,
validation with the AO-ICTD
requesting party if
the issue/problem
has been resolved,
and monitor
actions
undertaken.
If not resolved, go
back to Step 1.2.
2 Rates the 2 Closes None 30 minutes ICTD Personnel,
service ticket/service AO-ICTD
rendered request through the
through ICT ICT SRS.
SRS.
TOTAL None 14 working
days, 2 hours,
30 minutes
140
If the Service Request Requires Third-Party Assistance:
CLIENT FEES TO PROCESSING PERSON
NO. NO. AGENCY ACTION
STEPS BE PAID TIME RESPONSIBLE
1 Enters the 1.1 Reviews, validates None 2 hours ICT Division Chief,
web domain the service request AO-ICTD
and creates a details, and
ticket on ICTD assigns an ICTD
Service personnel to
Request address the
System request.
(SRS). 1.2 Acknowledges the None 2 days ICTD Personnel,
assignment of AO-ICTD
if needed service request,
special performs
access, fills assessment, and
out and informs the
submits an requesting party on
ICTD Service the activities to be
Request undertaken moving
Form. forward.
1.3 Creates Problem None 2 days ICTD Personnel,
Report and informs AO-ICTD
the requesting
party of the number
of days to be
resolved by the
third-party.
1.4 Conducts testing, None 7 days ICTD Personnel,
validation with the AO-ICTD
requesting party if
the issue/problem
has been resolved,
and monitor
actions
undertaken.
If not resolved, go
back to Step 1.2.
2 Rates the 2 Closes None 30 minutes ICTD Personnel,
service ticket/service AO-ICTD
rendered request through the
through ICT ICT SRS.
SRS.
TOTAL None 11 working
days, 2 hours,
30 minutes
142
FPMO
INTERNAL SERVICES
143
Finance, Planning and Management Office −
Budget Division (FPMO-BD)
26) Processing of the Certification of Availability of Allotment (CAA)
This service describes the procedure on how PCC Offices and employees can request for the
processing and certifying availability of allotment for various transactions. The documents processed
for CAA are Purchase Request (PR), Special Order (SO), Local Travel Order (LTO), and Foreign
Travel Order (FTO).
The procedure covers the receipt of the PR, SO, LTO and FTO, the review and coordination,
certification of allotment availability (CAA) up to the release of documents to concerned Office.
145
NO. CLIENT NO. AGENCY FEES TO PROCESSING PERSON
STEPS ACTION BE PAID TIME RESPONSIBLE
1.4 Assesses the None 7 hours, 30 Chief
transaction/s, minutes Administrative
approves the Officer,
AA, and FPMO-BD
forwards to
BO I.
1.5 Records the None 1 hours, 30 Budget Officer I,
signed minutes FPMO-BD
transaction and
forwards the
document to the
AO-GSD/End-
user for
procurement
process.
2 Receives None None None None None
the
document.
• For Foreign Travel Order, Local Travel Order and/or Special Orders:
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Submits the 1.1 Receives, logs, None 1 hour Budget Officer I,
documents and assigns FPMO-BD
identified in the Availability of
checklist of Allotment (AA)
requirements No. in the
to FPMO-BD. document, and
checks
presence of the
required
supporting
documents.
1.2 Reviews and None 8 hours Budget Officer,
checks if the FPMO-BD
transaction and
the supporting
documents are Supervising
in order and Administrative
sufficient to Officer,
merit approval FPMO-BD
of AA, including
processing of
RAF as
applicable.
146
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1.3 Records AA None 1 hour Budget Officer,
transaction in FPMO-BD
the Registry of
Allotment and
Obligation Supervising
(RAO), affixes Administrative
initials and other Officer,
information on FPMO-BD
the document/s
and forwards to
the SAO.
1.4 Assesses the None 7.5 hours Chief
transaction/s, Administrative
approves the Officer,
AA, and FPMO-BD
forwards to
BO I.
1.5 Records the None 1 hour Budget Officer I,
signed FPMO-BD
transaction and
forwards the
document to
the FPMO
Director for
review and
signature.
1.6 Reviews and None 1 hour Director IV,
signs the FPMO
document if
merits approval
of AA
147
• For SO not requiring cash advance:
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1 Submits the 1.1 Receives, logs, None 1 hour Budget Officer I,
documents and assigns FPMO-BD
identified in the Availability of
checklist of Allotment (AA)
requirements No. in the
to FPMO-BD. document, and
checks
presence of the
required
supporting
documents.
1.2 Reviews and None 9 hours Budget Officer,
checks if the FPMO-BD
transaction and
the supporting
documents are Supervising
in order and Administrative
sufficient to Officer,
merit approval FPMO-BD
of AA, including
processing of
RAF as
applicable.
1.4 Records AA None 1 hour Budget Officer,
transaction in FPMO-BD
the Registry of
Allotment and
Obligation Supervising
(RAO), affixes Administrative
initials and other Officer,
information on FPMO-BD
the document/s
and forwards to
the CAO.
1.5 Assesses the None 7 hours Chief
transaction/s, Administrative
approves the Officer,
AA, and FPMO-BD
forwards to
BO I.
1.6 Records the None 1 hour Budget Officer I,
signed FPMO-BD
transaction and
forwards the
document to the
FPMO Director
for review and
signature.
1.7 Reviews and None 1 hour Director IV,
signs the FPMO
document if
merits approval
of AA
148
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
1.8 Forwards the None 1 hour Secretary II,
document to FPMO
concerned
Office/Unit.
2 Receives None None None None None
the
document.
TOTAL None 2 working
days, 5 hours
149
FEES
AGENCY PROCESSING PERSON
NO. CLIENT STEPS NO. TO BE
ACTION TIME RESPONSIBLE
PAID
document with
FPMO-BD
comments/
recommendation
for compliance of
the requesting
party/AO-GSD.
• For Foreign Travel Order, Local Travel Order, and/or Special Orders:
FEES
AGENCY PROCESSING PERSON
NO. CLIENT STEPS NO. TO BE
ACTION TIME RESPONSIBLE
PAID
1 Submits the 1.1 Receives, logs, None 1 hour Budget Officer I,
documents and assigns FPMO-BD
identified in the Availability of
checklist of Allotment (AA)
requirements to No. in the
FPMO-BD. document, and
checks
presence of the
required
supporting
documents.
1.2 Reviews and None 8 hours Budget Officer,
checks if the FPMO-BD
transaction and
the supporting
documents are Supervising
in order and Administrative
sufficient to Officer,
merit approval FPMO-BD
of AA, including
processing of
RAF as
applicable.
1.3 If not sufficient None 30 minutes Budget Officer,
to merit FPMO-BD
approval of AA,
returns to BO I Supervising
with comments/ Administrative
findings. Officer,
FPMO-BD
1.4 Records the None 1 hour Budget Officer I,
transaction and FPMO-BD
forwards the
document with
FPMO-BD
comments for
compliance of
the requesting
party.
151
FEES
AGENCY PROCESSING PERSON
NO. CLIENT STEPS NO. TO BE
ACTION TIME RESPONSIBLE
PAID
2 Receives the None None None 1 day None
document with
FPMO-BD
comments and
complies with the
requirements.
3 Submits the 3.1 Receives, logs, None 30 minutes Budget Officer I,
document with and checks FPMO-BD
compliance to compliance on
FPMO-BD the required
recommendation supporting
/s. documents.
3.2 Reviews and None 4 hours Budget Officer,
checks if the FPMO-BD
transaction and
the supporting
documents are Supervising
in order and Administrative
sufficient to Officer,
merit approval FPMO-BD
of AA.
3.3 Records AA None 30 minutes Budget Officer,
transaction in FPMO-BD
the Registry of
Allotment and
Obligation Supervising
(RAO), affixes Administrative
initials and other Officer,
information on FPMO-BD
the document/s
and forwards to
the CAO.
3.4 Assesses the None 5 hours 30 Chief
transaction/s, minutes Administrative
approves the Officer,
AA, and FPMO-BD
forwards to
BO I.
3.5 Records the None 1 hour Budget Officer I,
signed FPMO-BD
transaction and
forwards the
document to the
FPMO Director
for review and
signature.
3.6 Reviews and None 1 hour Director IV,
signs the FPMO
document if
merits approval
of AA
152
FEES
AGENCY PROCESSING PERSON
NO. CLIENT STEPS NO. TO BE
ACTION TIME RESPONSIBLE
PAID
3.7 Forwards the None 30 minutes Secretary II,
document to the FPMO
concerned
Office/Unit
155
Finance, Planning and Management Office –
Corporate Planning and Management Division
(FPMO-CPMD)
27) Issuance of Authenticated Copies of Management Committee Meetings
Summary of Discussions (SOD)
This service details the procedure on how PCC Offices/employees may request authenticated
copies of the PCC Management Committee (ManCom) Meetings Summary of Discussion (SOD).
156
CLIENT AGENCY FEES TO PROCESSING PERSON
NO. NO.
STEPS ACTION BE PAID TIME RESPONSIBLE
logbook and
transmits
authenticated
copy to
requesting party.
2 If available, None None None None None
receives
authenticated
copy and
acknowledges
receipt in the
logbook.
TOTAL None 1 hour, 50
minutes
157
FEEDBACK AND REDRESS MECHANISM
Mail
1. The RO receives the feedback mail and routes to OED. A
copy is also furnished to the PADO for recording and
monitoring.
158
2. The OED focal person reads mail and forwards to the CU,
as necessary, for appropriate action.
3. The OED or CU drafts response to the feedback, as
necessary, within fifteen (15) working days from receipt of
feedback mail by the RO.
a. The RO facilitates routing of reply letter to the client
concerned (the OED and PADO are furnished with a
copy).
b. The (OED or) CU may also respond to the feedback via
e-mail if such contact information is available (the OED
and PADO Cc’d).
For inquiries or follow-ups, clients may use the CFF No. (of the
Client Feedback Form), and/or contact the PADO at (+632)
8771-9PCC (8771-9722).
159
h. Nature of complaint (Inaction/Delayed Processing
of Request, Collection of Any Kind, or Unethical
Behavior); and
i. Details of the incident.
Mail
1. The RO receives the complaint and routes to OED. A copy
is also furnished to the PADO for recording and monitoring.
2. The OED focal person evaluates complaint and forwards
the same to the LSD for investigation.
3. The LSD prepares a report and submits to the Executive
Director for appropriate action.
4. The OED focal persons drafts response to the complaint.
a. The RO facilitates routing of reply letter to the client
concerned within fifteen (15) working days from receipt
of the client’s complaint (the OED and PADO are
furnished with a copy).
b. The OED may also respond to the complaint via e-mail
(the OED and PADO Cc’d).
E-Mail
1. The OED focal person reads and evaluates complaint and
sends an acknowledgment e-mail within 24 hours, or the
next working day for e-mails received on a weekend or a
holiday, the PADO Cc’d for recording and monitoring.
2. The OED focal person forwards the e-mail to the LSD for
investigation.
160
3. The LSD prepares a report and submits to the Executive
Director for appropriate action.
4. The OED responds to the complaint within fifteen (15)
working days from receipt of the complaint (the PADO
Cc’d).
The LSD may contact the complainant during the course of the
investigation for clarification.
For inquiries or follow-ups, clients may use the CCF No. (of the
Client Complaint Form), and/or contact the PADO at (+632)
8771-9PCC (8771-9722).
Contact Information of the Anti-Red Tape Authority: [email protected]
Anti-Red Tape Authority, https://arta.gov.ph/fileacomplaint
Presidential Action Center, ARTAwag Center: 09692577242
and Contact Center ng Bayan 09286904080
Presidential Action Center: 8888
Contact Center ng Bayan: 0908-881-6565
Thank you very much for giving us the opportunity to serve you better!
161
DIRECTORY
Address:
25/F Vertis North Corporate Center 1, North Avenue, Quezon City
Website:
www.phcc.gov.ph
E-Mail Address:
[email protected]
Trunk Line:
(+632) 8771-9PCC (722)
Fax:
(+632) 8771-9713
162
LIST OF ANNEXES
163
Annex A
APPENDIX
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Appendix One (1) original hard copy of the authorization from Issued by the UPE’s Board of
1.7 the UPE. Directors, certified by the Corporate
Secretary.
Appendix One (1) original hard copy of the authorization by Issued by the UPE’s Board of
2.4 the UPE or its designee (indicated in Section 1.7 of Directors, certified by the Corporate
this Form). Secretary.
Appendix Name and address of each entity directly or Prepared by the filing entity.
3.3 indirectly controlled by the filing UPE (the filing UPE
and each entity identified herein collectively
comprise the “Notifying Group”).
Appendix Description of the domestic and international Prepared by the filing entity. Value of
3.4 operations of the Notifying Group [identified in 3.3] total sales may be derived from the
and the amount of the total sales of the Notifying audited financial statements
Group in the most recent year (identifying the year). available from filing entity’s internal
records, or the Securities and
Exchange Commission.
Appendix Diagram or chart showing the entire Notifying Group Prepared by the filing entity.
3.5 before the transaction and the relationship among
the UPE, the Acquiring/Acquired Entity (if different
from the UPE), and each entity identified in 3.3.
Show the percentage owned by the UPE in each
entity within the Notifying Group pre-transaction.
Appendix Diagram or chart showing the entire Notifying Group Prepared by the filing entity.
3.6 after the transaction and the relationship among the
UPE, the Acquiring/Acquired Entity (if different from
the UPE), and each entity identified in 3.3. Show
the percentage owned by the UPE in each entity
within the Notifying Group post-transaction.
Appendix Description of the proposed transaction and the Prepared by the filing entity.
5.1 parties to the transaction, including the following
information:
a) The assets, shares, or other interests being
acquired, and whether the assets, shares, or
other interests are being purchased,
combined, or otherwise transferred;
b) The consideration to be given and received
by each party (e.g., cash, assets, shares,
interests), and how such was determined or
calculated. Include your bases for the
calculation and a copy of the document/s
used to calculate the consideration;
c) The intended structure of ownership and
control after the completion of the
transaction;
d) The business objectives the parties intend to
achieve through the proposed transaction;
e) The major events required to bring about the
completion of the transaction;
f) If the proposed transaction is an acquisition
of assets or shares, describe all general
classes of the assets to be acquired or
assets of the Acquired Entity and entities it
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controls, respectively (examples: cash, land,
intellectual property, merchandising
inventory, manufacturing plants, distribution
facilities, retail stores, etc.);
g) A description of how the operations of the
filing Notifying Group would proceed absent
the proposed transaction.
Appendix If the transaction is to be a joint venture, state: Prepared by the filing entity.
5.2 a) The name and business address of the joint
venture;
b) A description of the business the joint
venture will engage in;
c) A description of the principal assets of the
joint venture and their location;
d) The contributions that each entity forming
the joint venture has agreed to make,
including a description of the assets and the
value of each. Include the basis of the
valuation of the asset/ contribution;
e) The products or services to be supplied by
the joint venture and the geographic areas
where it will supply these goods and
services; and
f) The duration of the joint venture.
Appendix Identification of each other country or jurisdiction in Prepared by the filing entity, based
5.3 which a notification of the proposed transaction has on UPE’s internal records and
been or, to the best of the knowledge of the party notification pending before other
supplying this notice, will be filed. Where applicable, jurisdictions.
provide the date on which each country or
jurisdiction was notified and the status as of date.
Appendix List of all domestic and foreign entities within the Prepared by the filing entity.
6.1 Notifying Group that have assets in the Philippines • Number of shares indicated in
or generate revenues from sales in, from or into the General Information Sheet from
Philippines. For each entity, provide: party’s internal records or the
a) The business address; SEC.
b) A brief description of the nature of the
business;
c) Identify each entity that holds at least ten
percent (10%) of the outstanding voting
shares or non-corporate interest of the
entities listed herein. For limited
partnerships, only the general partner(s),
regardless of percentage held, should be
listed.
Appendix For each identified in Error! Reference source not Prepared by the filing entity.
6.2 found. provide: • Revenues may be derived from
a) The lines of business the entity operated in audited financial statements from
the most recent year (identify the year); party’s internal records or the
b) Revenues derived in each line of business SEC.
[6.2 (a)] in the Philippines in the most recent
year. Specify the business unit that
generated the reported revenues;
c) A list of the principal categories of product(s)
and/or service(s) in each line of business.
Submit product or service brochures if
available; and
165
APPENDIX
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d) Provinces or cities in the Philippines where
the entity supplies its products and/or
services
Appendix List of the entities within the Acquiring Entity's Prepared by the filing entity.
7.1 Notifying Group that operated in the same line of • Pricing and sales data may be
business [or in the case of a joint venture, will derived from party’s internal
operate in the same line of business] with the records
Acquired Entity and entities it controls (directly or • Market data from commissioned
indirectly), in any part of the Philippines in the most surveys, market studies, or
recent year. For each overlapping line of business, reports.
provide:
a) A list of all products and services provided
by each party, segregated by sales channel.
Include variations and size formats of the
product where applicable;
b) Monthly sales (volume and revenues) for
each product and service for the last three
(3) years;
c) Price (wholesale and/or retail) for each
product and service and the corresponding
unit cost (or profit margin if unit cost is not
available) for the last three (3) years.
Provide an explanation of how these
variables were computed;
d) The proposed candidate market(s) that may
be affected by the proposed transaction,
taking into account the product and
geographic dimensions [See PCC Merger
Review Guidelines];
e) Estimated market share(s) of each party to
the transaction in each proposed candidate
market;
f) The competitors in each proposed candidate
market and the estimated market share of
each;
g) Diagram(s) of the supply chain(s) of the filing
Notifying Group for each candidate relevant
market, accounting for how the product
and/or service reaches the consumer;
h) Marketing and strategic plan(s) for the last
three (3) years and the next three (3) years,
for each candidate relevant market;
i) Studies, surveys, analyses and reports
obtained or procured by the filing Notifying
Group for the purpose of researching,
evaluating or analyzing the market(s)
identified;
j) The provinces or cities in the Philippines
where the products or services are supplied.
Appendix For every proposed candidate market where Prepared by the filing entity.
7.2 horizontal relationships have been identified, please • Pricing and sales data may be
identify the top ten (10) customers and top ten (10) derived from party’s internal
suppliers of each such entity, separately by sales records
and volume, in, into or from, the Philippines (for the • Market data from commissioned
most recent year). Include: surveys, market studies, or
a) Customer or supplier name and address; reports.
b) Contact person at the company;
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APPENDIX
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c) Telephone number for the contact person;
and
d) The annual volume and the value of sales to
each customer in the most recent year, or
the annual volume and the value of
purchases from each supplier in the most
recent year.
Appendix List of entities within the filing Notifying Group that Prepared by the filing entity.
7.3 are or will be in a vertical relationship with any entity • Sales data may be derived from
in the Notifying Group of the other party to the party’s internal records.
transaction, in a market in any part of the Philippines • Market data from commissioned
in the most recent year. For each vertical surveys, reports, or studies
relationship, identify the market(s) in which the (where available).
relationship exists and provide the following
information:
a) A list of all products and services provided
by each party, segregated by sales
channel. Include variations and size
formats of the product where applicable;
b) Monthly sales (volume and revenues) for
each product and service for the last three
(3) years;
c) Price (wholesale and/or retail) for each
product and service and the corresponding
unit cost (or profit margin if unit cost is not
available) for the last three (3) years.
Provide an explanation of how these
variables were computed;
d) Estimated market share of each entity
within the filing Notifying Group that has a
vertical relationship with the Notifying
Group of the other party to the transaction
(if a supplier);
e) List of other economic participants, the
market(s) in which they operate, and the
estimated market share(s) of each such
economic participant in the market(s)
identified (if a supplier);
f) Diagram(s) of the supply chain(s) of the
filing Notifying Group for every market
where the vertical relationship exists,
accounting for how the product/service
reaches the consumer;
g) Marketing and strategic plan(s) of the filing
Notifying Group for the last three (3) years
and next three (3) years for each market
where the vertical relationship exist;
h) Studies, surveys, analyses and reports
obtained or procured by the filing Notifying
Group for the purpose of researching,
evaluating or analyzing the market(s)
identified;
i) The provinces or cities in the Philippines
where the products or services are
supplied.
Appendix If any entity within the filing Notifying Group is a Prepared by the filing entity.
7.4 buyer or seller in one or more markets identified in
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7.3, identify for each market the top ten (10) • Sales data may be derived from
suppliers (if a buyer) or the top ten (10) customers party’s internal records.
(if a seller) of each such entity, separately by sales
and volume, in, into or from, the Philippines (for the
most recent year). Include:
a) Customer or supplier name and address;
b) Contact person at the company;
c) Telephone number for the contact person;
and
d) The annual volume and the value of sales
to each customer in the most recent year,
or the annual volume and the value of
purchases from each supplier in the most
recent year.
Appendix Explanation of the bases for responses to 7.1 to 7.4 Prepared by the filing entity.
7.5 and identification of the source(s) of the information
used in your responses.
Appendix Identification of prior, contemporaneous or related Prepared by the filing entity.
7.6 acquisitions of the Notifying Group over the past five
(5) years. For each acquisition, provide:
a) The name of the acquired entity (i.e. entity
whose voting shares, non-corporate
interests, or assets were or are being
acquired);
b) The office address of such acquired entity
prior to the acquisition;
c) Description of how the voting shares, non-
corporate interests or assets were or are to
be acquired;
d) The consummation date of the acquisition;
and
e) The lines of business of the acquired entity.
Appendix One (1) original or copy of the signed binding Prepared by the parties to the
8.1 preliminary agreement or definitive agreement. transaction.
Should no signed definitive agreement be available
as of the date of filing, submit a copy of the most
recent draft of the definitive agreement. If a draft
definitive agreement was submitted, provide an
undertaking to submit the signed definitive
agreement within two (2) days from signing,
identifying changes made to the draft agreement
that were implemented in the signed agreement, if
any.
Appendix Original or copies of all non-compete agreements. Filing entity’s internal records.
8.2
Appendix Original or copies of Articles of Incorporation, By- • Filing entity’s internal records
8.3 laws, and the General Information Sheet or • Securities and Exchange
equivalent document in its jurisdiction, of the filing Commission
UPE and the Acquiring or Acquired Entity.
Appendix One (1) original or copy of a Secretary’s Certificate Corporate Secretary of the Acquired/
8.4 that the proposed transaction has been approved by Acquiring entity.
(majority) shareholders of the Acquired/Acquiring
Entity.
Appendix Original or copies of studies, surveys, analyses and Filing entity’s internal records.
8.5 reports that were prepared or received by an officer
or director of any of the entities in the Notifying
Group—or in the case of an unincorporated entity,
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APPENDIX
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an individual who serves in a similar capacity—for
the purpose of evaluating or analyzing the proposed
transaction with respect to market shares,
competition, competitors, markets, potential for
sales growth or expansion into new
products/services or geographic regions. For each
document, provide the date on which the document
was prepared.
Appendix Original or copies of confidential information • Filing entity’s internal records
8.6 memoranda, bankers’ books and other third-party • Records or reports prepared by
consultant materials and synergy documents financial institutions and/or
related to the sale of the target or assets. For each consultants.
document, provide the date on which the document
was prepared.
Appendix Original or copies of ordinary course documents Filing entity’s internal records.
8.7 (e.g. board presentations, memorandum to the
board or key officers, email correspondences, and
other similar documents) relating to or discussing
market position, competition, competitors, potential
for sales or revenue growth or expansion, in the
identified markets in Section 7, in the most recent
year.
Appendix One (1) original or copy of the most recent annual Filing entity’s internal records.
8.8 report for the filing UPE, the Acquired or Acquired
entity (if different from UPE), and each entity
identified in Error! Reference source not found.
and 3 (or, if the annual report is not available or if
the financial statements are different from those
contained in the report, audited financial statements
relating to the principal businesses of the entity for
its most recently completed fiscal year).
Appendix One (1) original hard copy of an affidavit attesting to Prepared by the UPE or its
9.1 the fact that a binding preliminary agreement or authorized representative.
definitive agreement has been signed and that the
filing UPE and the Acquiring or Acquired Entity have
a good faith intention of completing the proposed
transaction.
Appendix One (1) original hard copy of the authorization in Issued by the UPE’s Board of
9.2 favor of the person signing this Form who must be a Directors, certified by the Corporate
general partner of a partnership, an officer or Secretary
director of a corporation, or a natural person (or
such natural person’s legal representative). The
Authorization to be submitted in response hereto
must observe the requirements under Rule 4,
Section 5 of the IRR and Section 5 of the Rules on
Merger Procedure.
Appendix Does this Form come with an electronic storage Electronic storage and its digital
10.1 device which contains electronic copies of this Form content to be prepared by the filing
and its appendices? entity.
☐ Yes ☐ No
Appendix (For the Acquiring Group only) Abstract of the Prepared by the acquiring entity.
10.2 proposed transaction, with a description of the
parties. The abstract will be posted in the
Commission’s website upon the parties’ receipt of
the Commission’s decision in Phase I.
169
Annex B
APPENDIX
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NO.
Appendix One (1) original hard copy of authorization Issued by the UPE’s Board of Directors,
1.5 from the UPE certified by the Corporate Secretary
Appendix One (1) original hard copy of authorization Issued by the UPE’s Board of Directors,
1.11 from the UPE or his designee (indicated in certified by the Corporate Secretary
section 1.5 of this Form)
Appendix Name and address of entities directly or Prepared by the filing entity.
2.3 indirectly controlled by the filing UPE (the
filing UPE and each entity identified herein
collectively comprise the “Notifying Group”)
Appendix Description of the domestic and Prepared by the filing entity.
2.4 international operations of the Notifying
Group [identified in 2.3] and the amount of
total sales of the Notifying Group in the most
recent year.
Appendix o Diagram or chart of the entire Notifying Prepared by the filing entity.
2.5 Group pre-transaction and the
relationship among the UPE, the
Acquiring/Acquired Entity (if different
from the UPE), and each entity
identified in 2.3.
o Percentage owned by the UPE in each
entity within the Notifying Group pre-
transaction.
Appendix o Diagram or chart showing the entire Prepared by the filing entity.
2.6 Notifying Group post-transaction and • Number of shares indicated in General
the relationship among the UPE, the Information Sheet from party’s internal
Acquiring/Acquired Entity (if different records or the SEC.
from the UPE), and each entity
identified in 2.3.
o Percentage owned by the UPE in each
entity within the Notifying Group post-
transaction.
Appendix o Summary of the proposed transactions Prepared by the filing entity.
4.1 o Parties to the transaction
o Nature of the transaction (i.e. merger,
acquisition, or joint venture)
o Lines of business the parties are
engaged in
o Product and geographic markets on
which the transaction will have an impact
o Strategic and economic rationale for the
transaction.
Appendix Explanation of the ground under which the Prepared by the filing entity.
4.2 proposed transaction is qualified for
expedited merger review, in reference to
Section 1.5 of the PCC Rules on Expedited
Merger Review.
Appendix o Explanation of the implementation of Prepared by the filing entity.
4.3 the transaction
o Expected date of any major events
designed for the completion of the
transaction.
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Appendix o Statement of consideration for the Prepared by the filing entity.
4.4 transaction (i.e. the purchase price, or
the value of all the assets involved, as
the case may be), and specify
o Specification of whether in the form of
equity, cash, or other assets
Appendix Country or jurisdiction in which a notification Prepared by the filing entity, based on UPE’s
4.5 of the proposed transaction has been internal records and notification pending
supplying this notice before other jurisdictions.
or
Country or jurisdiction in which a notification
of the proposed transaction will be filed
Appendix Identification and description of each line of Prepared by the filing entity.
5.1.1 business in which each entity in the
Notifying Group operated in the most recent
year
Appendix Identification and description each product Prepared by the filing entity.
5.1.2 and service offered for each line of business
and provided a category for each product
and service.
Appendix o Description of the previous [for the Prepared by the filing entity.
5.1.3 past three (3) years], existing, and
future [for the next three (3) years]
business activities of the acquiring
or acquired entity’s Notifying Group.
o Written business plans of the
acquiring or acquired entity’s
Notifying Group for the same period
Appendix Estimated market share of the acquiring or Prepared by the filing entity.
5.1.4 acquired entity’s Notifying Group for each • Market data from commissioned surveys,
identified category of products or services reports, or studies (where available).
offered
Appendix Description and illustration of the supply Prepared by the filing entity.
5.1.5 chain of the acquiring or acquired entity’s
Notifying Group for each identified category
of products and services offered
Appendix Top 10 competitors of the acquiring or Prepared by the filing entity.
5.1.6 acquired entity’s Notifying Group for each
identified category of products or services
offered with their contact information
Appendix Top 10 customers of the acquiring or Prepared by the filing entity.
5.1.7 acquired entity’s Notifying Group for each
identified category of products or services
offered with their contact information
Appendix Top 10 suppliers of the acquiring or Prepared by the filing entity.
5.1.8 acquired entity’s Notifying Group for each
material input to production with their
contact information
Appendix Explanation on why the filing UPE considers Prepared by the filing entity.
5.1.9 that the proposed transaction does not give
rise to any reportable market
Appendix Identification and description of each line of Prepared by the filing entity.
5.2.1 business in which Philippine subsidiaries
and all entities it controls operated in the
most recent year
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Appendix Identification and description of each Prepared by the filing entity.
5.2.2 product offered for each line of business
and a provided category for each product
Appendix Description and illustration of the supply Prepared by the filing entity.
5.2.3 chain of the Philippine subsidiaries for each
product offered
Appendix Percentage of revenue derived by the Prepared by the filing entity.
5.2.4 Philippine entity from domestic customers
vis-à-vis the revenue derived from exports
to the parent in the most recent year
Appendix Total market size (volume and value) of the Prepared by the filing entity.
5.2.5 domestic market where the identified
product is sold in the Philippines, and the
Philippine subsidiaries’ identified product
sales value and volume to the said domestic
market
Appendix Top 10 competitors of the Philippine entity Prepared by the filing entity.
5.2.6 for each identified category of products
offered
Appendix Top 10 customers of the Philippine entity for Prepared by the filing entity.
5.2.7 each identified category of products offered
with their contact information, and the
volume and value, separately, of sales to
each customer in the most recent year.
Appendix Top 10 suppliers of the Philippine entity for Prepared by the filing entity.
5.2.8 each material input to production with their
contact information, and the volume and
value, separately, of purchases from each
supplier in the most recent year.
Appendix List of the lines of businesses or markets Prepared by the filing entity.
5.3.1 where any entity within the Acquiring
Entity’s Notifying Group and any entity
within the Acquired Entity’s Notifying Group
are operating or will be operating in any part
of the Philippines
- List of entities engaged in the
identified overlapping lines of
businesses or markets (both the
Acquiring and Acquired Notifying
Groups)
Appendix Identification and description of each Prepared by the filing entity.
5.3.2 product and service offered for each
horizontal and vertical relationship; and the
category for each product and service
Appendix Estimated market share(s) of each party to Prepared by the filing entity.
5.3.3 the transaction for each identified category • Market data from commissioned surveys,
of products or services offered reports, or studies (where available).
Appendix Estimate(s) of the gross revenues for each Prepared by the filing entity.
5.3.4 identified category of products or services
offered
Appendix Top 10 competitors for each identified Prepared by the filing entity.
5.3.5 category of products or services offered and • Market data from commissioned surveys,
the estimated market share of each reports, or studies (where available).
Appendix Diagram(s) of the supply chain(s) of the Prepared by the filing entity.
5.3.6 filing Notifying Group for each identified
category of products or services offered and
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how the product/service reaches the
consumer
Appendix Original or copies of marketing and strategic Prepared by the filing entity.
5.3.7 plan(s) for the last three (3) years for each
identified category of products or services
offered
Appendix Original or copies of all studies, surveys, • Filing entity’s internal records
5.3.8 analyses and reports prepared by or • Studies, surveys, analyses and reports
procured by the filing Notifying Group for the prepared by third parties
purpose of evaluating or analyzing each
identified category of products or services
offered
Appendix Provinces or cities in the Philippines where Prepared by the filing entity.
5.3.9 the products or services are supplied.
Appendix Top 10 customers for each identified Prepared by the filing entity.
5.3.10 category of products and services offered
with their contact information, and the
volume and value, separately, of sales to
each customer in the most recent year
Appendix Top 10 suppliers for each material input to Prepared by the filing entity.
5.3.11 production with their contact information,
and the volume and value, separately, of
purchases from each supplier in the most
recent year
Appendix Prior acquisitions over the past five (5) Prepared by the filing entity.
5.3.12 years.
- Name of the acquired entity (i.e.
entity whose voting shares, non-
corporate interests, or assets were
or are being acquired);
- Office address of such acquired
entity prior to the acquisition;
- Description of how the voting
shares, non-corporate interests or
assets were or are to be acquired;
- Consummation date of the
acquisition;
- Lines of business of the acquired
entity
Appendix o Identification and description of each Prepared by the filing entity.
5.4.1 line of business in which the UPE, the
acquiring and acquired entities operated
in the most recent year
o List of all product(s) and service(s) in
each line of business
o Revenues derived in each product or
service in the Philippines in the most
recent year.
Appendix Identification of each line of business and Prepared by the filing entity.
5.4.2 location in which the Joint Venture will
operate in, and all product(s) and service(s)
in each line of business
Appendix Estimated market share(s) of each party to Prepared by the filing entity.
5.4.3 the transaction for each product or service • Market data from commissioned surveys,
offered that is in a horizontal or vertical reports, or studies (where available).
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relationship with the product or service of
the Joint Venture
Appendix Top 10 competitors for each product or Prepared by the filing entity.
5.4.4 service identified in 5.5.3 and the estimated • Market data from commissioned surveys,
market share of each reports, or studies (where available).
Appendix Provinces or cities in the Philippines where Prepared by the filing entity.
5.4.5 the products or services identified in 5.5.3
are supplied
Appendix One (1) original or copy of the signed Prepared by the parties to the transaction.
6.1 binding preliminary agreement or definitive
agreement
or
o One (1) original or copy of the most
recent draft of the definitive
agreement—if no signed definitive
agreement is available as of the date of
filing
o An undertaking to submit the signed
definitive agreement within two (2)
business days from signing, including
the changes made to the draft
agreement that were implemented in
the signed agreement, if any—if a draft
definitive agreement was submitted
Appendix Original or copies of all non-compete Prepared by the filing entity.
6.2 agreements.
Appendix Original or copies of Articles of • Filing entity’s internal records
6.3 Incorporation, By-laws, and the General • Securities and Exchange Commission
Information Sheet or equivalent document
in its jurisdiction, of the filing UPE and the
Acquiring or Acquired Entity
Appendix Original or copies of studies, surveys, • Filing entity’s internal records
6.4 analyses and reports that were prepared or • Studies, surveys, analyses and reports
received by an officer or director of any of prepared by third parties
the entities in the Notifying Group
or
An individual who serves in a similar
capacity—in the case of an unincorporated
entity, for the purpose of evaluating or
analyzing the proposed transaction with
respect to market shares, competition,
competitors, markets, potential for sales
growth or expansion into new
products/services or geographic regions.
Appendix Original or copies of confidential information • Filing entity’s internal records
6.5 memoranda, bankers’ books and other • Records or reports prepared by financial
third-party consultant materials and synergy institutions and/or consultants
documents related to the sale of the target
or assets
Appendix One (1) original or copy of the most recent • Filing entity’s internal records
6.6 annual report of the filing UPE, the Acquired • Securities and Exchange Commission
or Acquiring Entity (if different from the
UPE), and each entity identified in Section
5
or
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Audited financial statements relating to the
principal businesses of the entity for its most
recently completed fiscal year— if the
annual report is not available or if the
financial statements are different from those
contained in the report
Appendix One (1) original hard copy of an affidavit Prepared by the UPE or its authorized
7.1 attesting to the fact that a binding representative.
preliminary agreement or definitive
agreement has been signed and that the
filing UPE and the Acquiring or Acquired
Entity are in good faith of completing the
proposed transaction
Appendix One (1) original hard copy of the Issued by the UPE’s Board of Directors,
7.2 authorization in favor of the person signing certified by the Corporate Secretary
this Form who must be a general partner of
a partnership, an officer or director of a
corporation, or a natural person (or such
natural person’s legal representative) in
observance of the requirements under Rule
4, Section 5 of the IRR and Section 3 of the
Rules on Expedited Merger Review
Appendix (For the Acquiring Group only) An abstract Prepared by the acquiring entity.
8.2 of the proposed transaction along with a
description of the parties
175
Annex C
Level of Target
Details
Severity Response Time
Urgent 1. Senior Personnel Issue Within 15 minutes
a. Commissioners
b. ED
2. Needs to be resolved as soon as possible with widespread
impact
a. Server is down (Development, Staging and Production
Server)
b. A virtual environment with business critical service does
not start or is unavailable
c. Business critical service does not work after backup
restoration or after migration
3. There is no available workaround and reported as emergency
a. Significant and unrecoverable data loss
b. System crash
c. Entire system is inoperable
High 1. System or component is down, requestor cannot carry out Within 1 hour
normal work responsibilities and no alternative is available
a. An entire component (ex. Power panel, ) does not work
b. A system application has a major issue after a software
update and the issue remains after update is removed
c. A new installation does not function, the system does
not boot, hangs or crashes
d. Critical or frequently used parts of the system are
impaired or inoperable
e. Data corruption which has a critical business impact
f. Some types of processing cannot be done although
processing could continue in other areas
Medium 1. System or component is down or degraded but requestor can Within 4 hours
carry out normal work tasks
a. The defect would reduce effectiveness, but a
workaround is sustainable and there is no threat to the
ability to serve end-users
b. Data corruption which may compound until fixed, but
which can be recovered
176
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Rev.3 (07/2020)
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