DFDL Philippines

On 15 November 2022, the Secretary of the Department of Energy signed a DOE Department Circular amending the Implementing Rules and Regulations of Republic Act No. 9513 (the Renewable Energy Act of 2008), removing the nationality restrictions on the exploration, development, and use of renewable energy.

On 15 November 2022, the Secretary of the Department of Energy (“DOE”) signed DOE Department Circular (“DC”) No. 2022-11-0034 which amends the Implementing Rules and Regulations of Republic Act No. 9513 (otherwise known as the Renewable Energy Act of 2008). The amendment removes the nationality restrictions on the exploration, development, and utilization of renewable energy resources such as solar, wind, biomass, ocean or tidal energy.

This development follows the September 2022 Opinion of the Department of Justice that the exploration and development of solar, wind, hydro and ocean or tidal energy should NOT be subject to the forty percent (40%) foreign equity limitation under the Constitution. It must be noted, however, that the nationality restriction continues to apply to the exploration, development and utilization activities that appropriates water direct from a natural source, and geothermal resources (except those covered by financial or technical assistance agreements for large-scale exploration, development and utilization of geothermal resources). 

DOE DC No. 2022-11-0034 is expected to be published by the fourth week of November 2022. It shall take effect fifteen (15) days upon its publication in two (2) newspapers of general publication and filing with the University of the Philippines Law Center – Office of the National Administrative Register.


The information provided here is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.




Cristina Suralvo

Partner, Ocampo & Suralvo Law Offices

Please Login or Register for Free now to view all updates and articles

In addition to free-to-view updates and articles, you can also subscribe to the full Legal Centrix Vietnam Service including access to:

  • Overview notes on the law
  • Thousands of high quality translations of legislation covering all key business areas
  • Legal and tax updates
  • Articles on important legal and tax issues
  • Weekly email alerts
  • Sophisticated web platform and search

Legal Centrix is trusted by top law and accounting firms.

DFDL Philippines

  • Philippines

For Philippine legal and tax matters, DFDL collaborates with Philippine law firm Ocampo & Suralvo Law Offices firm (OS Law).

OS Law is comprised of Philippine attorneys with outstanding academic and professional backgrounds and decades of legal, government, and regulatory experience. They are skilled industry advisers, having worked at top Philippine law firms and professional service firms where they have been involved in significant transactions and dealt with foreign clients acquiring, managing, or divesting Philippine investments. The power and energy sector is a key focus for OS Law as it builds on its partners’ experience with the industry in previous professional capacities.

OS Law assists in all aspects of Philippine general corporate and commercial legal practice across the spectrum of clients’ business concerns including mergers, acquisitions, joint ventures, corporate restructuring, foreign direct investments, and taxation.

Their partners’ expert knowledge of the Philippine regulatory framework and experience with domestic and foreign investment proposals, combined with access to DFDL’s regional legal and tax expertise and extensive experience in international cross-border transactions in the South and Southeast Asian markets for more than 20 years, enables OS Law to assist clients in optimizing opportunities and handling investments in this part of the globe.

OS Law is also driven to provide Philippine businesses with solutions that will enable them to thrive in the global economy. OS Law, through their collaboration with DFDL, can provide its clients with access to tax and legal expertise of numerous offices in eight countries. The firm serves as the gateway for Philippine businesses seeking legal and tax advice to support their regional expansion in ASEAN.

Click here to view the author's profile



  • Energy, Electricity, Oil & Gas
  • Foreign Investment Specific
  • Legal Updates
  • Philippines

Related Content

Recent updates

Cookies On
Our Website
We use cookies on our website. To learn more about cookies, how we use them on our site and how to change your cookie settings please click here to view our cookie policy. By continuing to use this site without changing your settings you consent to our use of cookies in accordance with our cookie policy.