Country Specific Market Information -- Part I

I. OVERVIEW

A. Understanding the Marketing, Promotion, & Public Relations Environment of the Philippines
B. Legal System Overview


I. OVERVIEW

A. Understanding the Marketing, Promotion, & Public Relations Environment of the Philippines

The Philippines is a country of hospitable people who have preserved Asian values while adopting modern, progressive influences of Western technology. The government of the Philippines (GOP) is open to fresh solutions to the country's environmental problems. Escalation of stricter penalties for noncompliance to environmental laws and regulations imposed by the GOP are fast becoming incentives for companies operating in the Philippines to actively search for cost-effective environmental solutions and new technologies. The country would also like to improve its system of education in the areas of science and technology (Filipino children rank among the lowest in the world in mathematics).

Business management, marketing, advertising and public relations (PR) practices, while attentive to Philippine culture, morals and traditions, are basically Western. The language of business is English. A high percentage of corporate executives in Manufacturing, Finance, Marketing, etc. have postgraduate degrees, most of them from the United States.

Generally, prices of goods and services in the Philippines are determined by free market forces, with the exception of fuel (which was targeted for full deregulation on or before March 1997) and basic public utilities such as transport, water and electricity. The current administration continues to "privatize" public sector-controlled firms in many industries and services.1

It is the free enterprise system, liberalized and deregulated, and the democratic institutions that together provide the major underpinnings of doing business in the country, of which, the communications media (the media) plays a central role. For foreigners planning to invest in the Philippines, the media gives this assurance: corruption and inefficiency will be unmasked and tried before the bar of public opinion. The media gives the public access equal to anyone's, whether it is through advertising material, publicity, or a letter to the editor. The communications media are intent on making a profit, however in a free society such as the Philippines, they are also self-appointed guardians of the public welfare. That is why Filipino consumers are quick to complain to the media about poor product quality or poor service from manufacturers and service providers.

Some of the most fervent users of the media are activist groups and non-government organizations (NGOs). They seldom use ads (some of them are funded, for any number of "causes") but they are expert availers of media opportunities. The media are fascinated by them. Major Philippine businesses have significant clout with the media, which they earned during the Marcos regime and have nurtured most skillfully ever since. The media can be ruthless in mounting opposition to any foreign industry or enterprise that they feel aggrieve them. Radio and television are the country's national media. The availability of inexpensive, mass-produced transistor radios and the growth of radio stations throughout the country have made radio the unrivaled mode of communications in the Philippines. It is the least expensive way to reach the rural population. Almost two-thirds of all families have one or more radios.

While television has grown rapidly in the last decade (approximately 7.6 million households own a television set), it is concentrated mostly in Manila and other urban centers. Many of the news and entertainment programs are telecast nationwide (and even to the U.S. and other countries) via satellite, however, the high cost of television sets and the absence of television stations in many parts of the country make television viewing a "remote" possibility in rural areas.

Print media are also concentrated in the National Capital Region (Metro Manila). The major newspapers have very low circulation figures in the rest of the country. Total circulation of all newspapers and magazines is below one million and compares poorly to total population. However, two or three years ago, a regional publication (based in Cebu Province) began buying up small newspapers in other regions and is now developing a network of regional dailies.

B. Legal System Overview

The Philippines became an independent republic on June 12, 1898. The 1987 Constitution is the basis of the legal system and it contains a bill of rights and delegates the functions of government to three branches, the executive, legislative, and judicial. Executive power is vested in the President, who is elected by direct vote of the people but is not eligible for reelection. The Senate and House of Representatives make up the legislative branch and judicial authority is placed in one Supreme Court and in such lower courts as may be established by law. Members of the Supreme Court and lower courts are appointed by the President. The judiciary is, however, independent from the executive and legislative bodies and, for the most part, avoids interference from these branches. The Philippine legal system has drawn on both the civil law and common law traditions. During Spanish rule, the Code of Commerce of Spain was brought into effect and portions remain in force to this day. This code has been modified and amended and shares authority with the Civil Code of the Philippines. The Civil Code of the Philippines is, in turn, comprised of and supplemented by the Labor Code, National Internal Revenue Code, Tariff and Customs Code, Corporation Code, Investment Code, Environmental Code, Revised Penal Code and other codes and statutes. Many of the statutes have been modeled after those promulgated in the United States and the case law of the United States is often cited and given persuasive authority.

Inconsistent enforcement sometimes skews the impact of these laws. This selective enforcement reduces the intended benefits of policies to the country and is a potential risk of doing business for the foreign investor.

To Section II

 
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