PHILIPPINES Trends and Developments Contributed by: Clarence Darrow C Valdecantos and Gilyen Ezra Marie L Li-Nulud, ACCRALAW
accomplishment report must thereafter be submitted to the same office after each periodic evaluation and/ or upon completion of the program. The requirements outlined in DO 248 are consist - ent with the “Filipino First” principle enshrined in the Philippine Constitution and promote the preference for Filipino labour. Failure to comply therewith may result in the denial of the AEP or the revocation of one already issued. Relatedly, on 24 April 2025, the President of the Phil - ippines promulgated Executive Order No 86 (“EO 86”), authorising the issuance of Digital Nomad Visas (“DNVs”) to non-immigrant foreign nationals staying in the Philippines for a temporary period while working remotely for non-Filipino clients or employers. DNVs shall be valid for one year, renewable for the same dura- tion, and may be revoked upon the holder’s engage - ment in local employment, commission of fraud or misrepresentation in the application, violation of immi - gration laws, or such other grounds as may be deter - mined by the Department of Foreign Affairs (“DFA”). To be eligible for a DNV, the foreign national must comply with the following and must continue to pos - sess such qualifications during the validity: • must be at least 18 years of age; • must show proof of remote work using digital tech - nology; • must show proof of sufficient income, which is generated outside the Philippines; • must show proof of no criminal record; • must have health insurance valid for the period of the DNV; • must be a national of a country that offers DNVs to Filipinos and where the Philippines has a Foreign Service Post; • must not pose a threat to the internal or external security of the Philippines; and • must not be employed in the Philippines. As of this date, the DFA has yet to issue the imple - menting guidelines for EO 86. Nonetheless, the prom - ulgation of EO 86, which seeks to promote tourism and the economy in the country, clarifies the scope of Philippine laws with respect to the employment of for -
eign nationals. Verily, the mere performance of work by a foreign national in the Philippines does not, by itself, warrant the application for an AEP or a work visa, as the nationality of the employer and where it operates effectively distinguish between a digital nomad sub - ject of EO 86 and a foreign national employee subject to Philippine labour laws. The Workplace as a Safe Space Pursuant to Republic Act No 7877 or the Anti-Sexual Harassment Act of 1995 (“ASHA”) and Republic Act No 11313 or the Safe Spaces Act (“SSA”), employers in the Philippines are mandated to prevent, deter, or pun - ish the commission of sexual harassment acts in the workplace. The SSA casts a wide net as what consti - tutes sexual harassment includes “any conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient.” Moreover, compared to the ASHA, which penalises an offender only if he has moral ascendancy over the complainant, the SSA considers as an offence sexual harassment committed against peers, colleagues, or co-workers, regardless of rank and gender. Under both statutes, the employer is mandated to implement a workplace policy against sexual harass - ment and to create an independent internal mecha - nism or a committee on decorum and investigation (CODI) to investigate and address complaints of sexu - al harassment. The CODI should adequately represent the management, the employees from the supervisory rank and the rank-and-file, and the union, if any, must be headed by a woman, and must be composed of members at least half of whom are women. Notably, a verified and named complaint must be resolved by the CODI within ten days, in accordance with a duly implemented Anti-Sexual Harassment and Safe Spaces Policy, after the alleged offender is afforded due process. It must be remembered that sexual harassment is a criminal offence under the law. However, the per - son who has the legal right to initiate criminal action against the offender is the victim, not the employer. The employer’s duty, in turn, is to spread awareness about the law, create a code of conduct which penal - ises such acts, constitute the CODI, and host anti-sex -
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