It is reported that the Philippines does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.

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.

Section 11 of Article XVI of the Constitution of the Republic of the Philippines mandates that the ownership and management of mass media must be restricted to Filipino citizens or corporations entirely owned and managed by Filipinos. In 2018, it was reported that the Philippine government revoked the operating licence of Rappler, one of the country’s leading news websites, alleging that the organisation had violated the constitutional provision restricting media ownership to Philippine citizens. As of September 2023, the appeal against this decision remained pending before the Court of Appeals.

According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.

The Foreign Investment Act requires the publication of the Foreign Investment Negative List (FINL) every two years, which outlines sectors in which foreign investment is restricted. According to List B of the 2022 FINL, up to 40% foreign equity is allowed in micro and small domestic market enterprises with paid-in equity capital of less than the equivalent of USD 200,000 and micro and small domestic market enterprises that involve advanced technology or are endorsed as startup or startup enablers by state agencies; or those whose majority of direct employees are Filipinos provided that their Filipino employees should not be less than 15, and with a paid-in equity capital of less than the equivalent of USD 100,000.

The Foreign Investment Act requires the publication of the Foreign Investment Negative List (FINL) every two years, which outlines sectors in which foreign investment is restricted. According to List A of the 2022 FINL, advertising is limited to 30% foreign equity.

Section 4 of the Revised Corporation Code of the Philippines (RA 11232) mandates a residency requirement for select corporate officers, namely the treasurer and the secretary.

Section 142 of the Corporations Act establishes that a foreign corporation applying for a license to transact business in the Philippines shall submit to the Commission the address, including the street number, of the principal office of the corporation in the country or State of incorporation; the name and address of its resident agent authorised to accept summons and process in all legal proceedings and all notices affecting the corporation, pending the establishment of a local office; and the place in the Philippines where the corporation intends to operate.

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

Foreign bidders are only eligible to participate when: (i) allowed under any treaty or international or executive agreement; (ii) the foreign bidder is a citizen, corporation or association of a country whose laws or regulations grant reciprocal rights to citizens, corporations, or associations of the Philippines; (iii) the goods sought to be procured are not available from local suppliers; or (iv) there is a need to prevent situations that defeat competition or restrain trade.

Under Section 4.4 of Annex B the 2016 Implementing Rules and Regulations (IRR), foreign consultants must transfer their technology and knowledge to be eligible for public procurement contracts. This requirement mandates that "technology and knowledge transfer to the procuring entity shall be required in the provision of consulting services, where applicable." This provision has been in effect since the introduction of the first IRR in 2003 in Section 24.5.4.

Sections 23.5.1.1 and 24.3.1 of the 2016 Implementing Rules and Regulations of Republic Act No. 9184 provide that partnerships, corporations, and joint ventures with at least 60% Filipino ownership are considered eligible bidders for public procurement of goods and services. However, the procurement of infrastructure projects is more restrictive, which can discourage foreign contractors from participating in digital infrastructure, such as cloud services. Foreign contractors (those with less than 75% Filipino ownership) are allowed only when provided for under any treaty or international or executive agreement or if they form a joint venture with local contractors (Subsection 23.4.2). These provisions have been in force since the first Implementing Rules and Regulations of 2003.

The Government Procurement Reform Act acts as the enabling framework for preferential procurement by virtue of Art. XII, Section 43. In the interest of availability, efficiency and timely delivery of goods, the procuring entity may give preference to the purchase of domestically produced and manufactured goods, supplies and materials that meet the specified or desired quality. Rule XII of the Implementing Rules and Regulations outlines the implementation and process of preferential procurement, wherein the procurement award should be made to the lowest domestic bid, provided that it is not more than 15% in excess of the lowest foreign bid. The 2003 IRR only provided for a general preference.