It is reported that passive infrastructure sharing is mandated in the Philippines for the provision of telecommunications services to end users.

It is reported that the Philippines does not impose a requirement of functional separation on operators possessing significant market power (SMP) within the telecommunications sector. Nevertheless, an obligation of accounting separation has been in force since 1995 pursuant to Section 19 of the Public Telecommunications Policy Act of the Philippines (Republic Act No. 7925). This provision stipulates that, where a single entity operates across more than one category of telecommunications service, separate books of account must be maintained for each category or specialised classification. In addition, Section 11.c provides that telecommunications entities may offer value-added services, subject to the condition that distinct accounting records are likewise maintained for such value-added service activities.

According to Section 16 of the Public Telecommunications Policy Act of the Philippines, no person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise. The National Telecommunications Commission, in granting a Certificate of Public Convenience and Necessity (CPCN), may impose such conditions as to duration and termination of the privilege, concession, or standard or technical aspects of the equipment, rates, or service, not contrary to the terms of the franchise.
As established in Article XII of the Philippine Constitution, franchises may only be granted to citizens of the Philippines or to corporations or associations organised under Philippine laws, and they may only be granted by Congress.
In addition to the requirements mentioned above, according to the National Telecommunications Commission, a radio operator is also subject to file 15 other documents, including an Issuance of Renewal/Modification/Duplicate of Radio Stations in the Fixed and Land Mobile Public Radio Communication Network (CP) an On-line Importation Process (For Customer Premises equipment with WDN/RFID Module) thru the National Single Window (NSW) System.

DICT Circular No. 02 s 2021 provides for the licensing and regulation of satellite systems providers and operators (SSPOs) for internet services. Under Sections 7 and 8, SSPOs desiring to provide satellite services by directly engaging with ISPs, value-added service providers, enfranchised telecommunications entities or public telecommunications entities, and broadcast service providers (authorised entities) shall have an adequate digital presence in the Philippines, such as having a readily accessing website with sufficient content and information; have an adequate local presence by setting up a branch or representative office, having an institutional agent or official distributor, or a combination of such modes; have the capacity, coverage and satellite footprint in the Philippines for the purposes of providing adequate satellite services to covered areas; be accredited by the Department of Information and Communications Technology; and be a national of a country that does not prohibit Philippine satellites to operate within its territories and does not prohibit its citizens or subjects to access Philippine satellite systems.

The Philippines has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

The Philippines has a telecommunications regulatory authority, the National Telecommunications Commission (NTC). It is reported that the Commission’s decision-making processes are not fully independent of the government. While a degree of autonomy is exercised in certain decisions, independence is not consistently observed across all functions. The NTC operates as an attached agency of the Department of Information and Communications Technology (DICT), which forms part of the executive branch.

According to Section 33 of the Republic Act No. 8293, an applicant who is not a resident of the Philippines must appoint and maintain a resident agent or representative in the Philippines upon whom notice or process for judicial or administrative procedure relating to the application for patent or the patent may be served.

The Philippines is a party to the Patent Cooperation Treaty (PCT).

The Philippines has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission (Republic Act No. 8293). Sections 184-190 list the exceptions, which include the recitation or performance of a work once it has been lawfully made accessible to the public if done privately and free of charge or if made strictly for a charitable or religious institution or society; the making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries; the reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature; among others.

The Philippines is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

Section 52.4.1 of "The Implementing Rules and Regulations of the New Government Procurement Act" stipulates that the following entities are eligible to participate in the bidding process for the supply of goods: (a) duly licensed Filipino citizens or sole proprietorships; (b) partnerships duly constituted under Philippine law, of which at least 60% of the ownership interest is held by Filipino citizens; (c) corporations duly organised under Philippine law, with at least 60% of the outstanding capital stock owned by Filipino citizens; (d) cooperatives duly organised pursuant to Philippine law; and (e) joint ventures, defined as associations of two or more persons or entities undertaking joint and several liability for a specific contract, provided that Filipino ownership or interest therein is not less than 60%, such ownership being determined on the basis of the respective contributions of the joint venture partners as set out in their agreement, and further provided that each member’s primary business purpose is similar or related to the requirements of the project to be procured. Foreign bidders may likewise be deemed eligible, subject to the guidelines issued by the Government Procurement Policy Board, where participation is authorised under a treaty or international or executive agreement; where the foreign entity’s home jurisdiction affords reciprocal rights or privileges to Filipino individuals or entities; where the goods sought are unavailable from domestic suppliers; or where such participation is necessary to prevent circumstances that undermine competition or restrain trade.

Section 52.4.3 of "The Implementing Rules and Regulations of the New Government Procurement Act" provides that participation in the bidding for consulting services shall be limited to duly licensed Filipino citizens or sole proprietorships; partnerships organised under Philippine law with at least 60% Filipino ownership; corporations likewise organised under Philippine law with at least 60% of their outstanding capital stock owned by Filipino citizens; cooperatives duly organised under Philippine law; and joint ventures comprising two or more persons or entities that agree to assume joint and several liability for a specific contract. Where the procurement of consulting services involves professions regulated by law, those who will actually render the services must be Filipino citizens and duly registered professionals authorised by the relevant regulatory body to practise in such professions and allied fields. In order to demonstrate trust and confidence in, and to foster the development of, Filipino consultancy, foreign consultants may be engaged only where the head of the procuring entity determines that Filipino consultants lack the requisite expertise and capability to deliver the services required for the project.

Section 79 of the "New Government Procurement Act" provides that the procuring entity shall accord priority and preference to Philippine products and services, and such preference shall be guaranteed at all stages of the procurement process, including with respect to raw materials, ingredients, supplies, and fixtures. The procuring entity shall award the contract to a domestic bidder where its bid does not exceed the lowest foreign bid by more than 25%. However, this priority and preference may be waived in specified circumstances, including where domestic production is insufficient or unavailable in the required commercial quantities, where the required quality cannot be satisfied, where applying such preference would be inconsistent with the Philippines’ obligations under international agreements, or where other analogous conditions arise.

The Philippines is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2019.