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Data center rules in Philippines

Checked against sources 2026-10-03 · 31 rules and proposals, each with a dated source

The Philippines has no single data centre law, so projects rely on general investment, power and privacy rules. Data centres sit in the top tier of the 2026 Strategic Investment Priority Plan, and a July 2026 executive order now requires secret government data to stay in the country. Power remains the main constraint, after Luzon grid red alerts and rotating outages in May 2026.

Grid power for a large industrial user in the Philippines costs about US$0.12 per kWh as of July 2026, the country figure ArusGrid applies where a site has no published rate. The US export control position for advanced AI chips in the Philippines, as of 27 September 2026, is recorded as “No US destination-based licence requirement as enforced”.

Approvals and licensing 6

Data transmission no longer needs a franchiseStatus unclear

The Konektadong Pinoy Act (Republic Act 12234) lets data transmission providers build and run networks without a franchise from Congress. They register with the National Telecommunications Commission instead. The law does not name data centres, so its reach over pure data centre operators is unclear.

Dated August 2025 · Congress, DICT, NTC
Konektadong Pinoy rules are in forceIn force

DICT and six other agencies signed the implementing rules for the Konektadong Pinoy Act. The rules took effect after posting in the Official Gazette on 1 December 2025. Providers must hold an international cybersecurity certification within two years under the law.

Effective December 2025 · DICT, NTC, PCC
Green lane speeds permits for strategic projectsIn force

Executive Order 18 of 2023 created green lanes at the Board of Investments (BOI). A green lane certificate fast tracks permits and licences from national agencies and local governments for strategic investments.

Effective February 2023 · Office of the President, BOI
Converge Angeles gets green lane statusIn force

The BOI granted green lane status to the Converge ICT data centre in Angeles City, Pampanga, on 27 August 2026. The site cost nearly PHP 5 billion and started at 3 MW with room to grow to 36 MW.

Effective 2026-08-27 · BOI
Foreign ownership caps narrowed in 2022In force

The 2022 amendment to the Public Service Act (Republic Act 11659) limits the 40% foreign ownership cap to a short list of public utilities such as power distribution, transmission and water pipelines. Data centres are absent from that list. Foreign control of critical infrastructure above 50% needs reciprocity from the investor's home country.

Effective 2022-04-09 · Congress
Metro Manila IT park moratorium liftedIn force

The government exempted new IT parks in Metro Manila from a moratorium on new economic zones. This lets the Philippine Economic Zone Authority (PEZA) again accept IT park applications in the capital, and five parks applied soon after.

Effective July 2026 · Office of the President, PEZA

Power 6

Open access threshold cut to 100 kWIn force

Since 26 June 2026, users with demand of at least 100 kW can buy power from a licensed retail supplier under Retail Competition and Open Access (RCOA). The threshold was 500 kW before. Smaller users can pool demand to qualify under the Retail Aggregation Program.

Effective 2026-06-26 · ERC
Green energy option opened to 50 kWIn force

The Department of Energy (DOE) cut the Green Energy Option Program threshold from 100 kW to 50 kW. The program lets users contract renewable power directly from a supplier. Users in the same franchise area can now pool demand with no group size limit.

Effective February 2026 · DOE
Meralco residential rate near PHP 14.74In force

Meralco's residential rate was PHP 14.7424 per kWh in September 2026. It was PHP 14.8261 in July and PHP 14.7833 in August. Meralco is the utility serving Metro Manila and nearby provinces.

Effective September 2026 · Meralco, ERC
Luzon grid hit red alert in MayIn force

The Luzon and Visayas grids went on red alert on 14 May 2026 after two 500 kV lines tripped. Luzon was short 413 MW, and Meralco cut power to over 200,000 customers for about three hours.

Effective 2026-05-14 · NGCP, DOE
Meralco franchise renewed for 25 yearsIn force

President Marcos signed a fresh 25 year franchise for Meralco on 11 April 2025. Areas outside Meralco use other utilities. Clark Electric is the sole distributor in the Clark Special Economic Zone in Pampanga and Tarlac.

Effective 2025-04-11 · Congress, Office of the President
No data centre power rule yetStatus unclear

No published DOE or ERC rule targets data centres. The ERC had not studied data centre impact on the power sector as of January 2026. The DOE estimates 300 to 1,500 MW of extra peak demand from data centres, pending validation.

DOE, ERC

Incentives 4

CREATE MORE gives 100% extra power deductionIn force

The CREATE MORE Act (Republic Act 12066) was approved on 8 November 2024. Registered firms under its enhanced deductions regime pay 20% corporate income tax. They can also deduct power costs for registered activities a second time in full.

Effective November 2024 · Congress, DOF, FIRB
Local taxes capped at 2% of gross incomeIn force

Under CREATE MORE, local governments may charge registered firms a local tax of up to 2% of gross income. This replaces all other local taxes, fees and charges.

Effective November 2024 · Congress, local governments
Data centres in top investment tierIn force

The 2026 Strategic Investment Priority Plan places data centre facilities in Tier III, its highest tier, with cybersecurity and artificial intelligence. The President approved it through Memorandum Order 47, signed on 21 May 2026.

Effective June 2026 · Office of the President, BOI
VAT zero rating needs 70% exportsIn force

Registered firms get VAT exemption on imports and zero rated local purchases only if export sales reach at least 70% of output. Data centres serving mainly local clients may not meet this test.

Effective November 2024 · Congress, BIR

Data rules 6

Privacy law allows transfers abroadIn force

The Data Privacy Act of 2012 does not require personal data to stay in the country. A company that sends data abroad for processing stays responsible for it. It must use contracts or other means to give comparable protection.

Effective 2012-08-15 · National Privacy Commission
Model transfer clauses are voluntaryIn force

The National Privacy Commission (NPC) issued model contract clauses for cross border transfers in May 2024. Use is voluntary, and the NPC will not review contracts for conformity.

Effective 2024-05-30 · National Privacy Commission
EO 119 keeps secret government data onshoreIn force

Executive Order 119, signed in mid July 2026, requires Top Secret and Secret government data to stay in Philippine territory. Confidential data generally stays local unless a joint committee approves offshore processing. Lower classes may use secure cloud platforms, and the order does not cover private sector data.

Effective July 2026 · Office of the President, DICT, NSC
Agencies get three years to complyIn force

Agencies must finish data inventories in year one and fully comply for Top Secret and Secret data by year two. All government data must comply by year three.

Effective July 2026 · DICT, NSC
Cloud First Policy guides agency hostingIn force

DICT's Cloud First Policy pushes government agencies to use cloud services. A 2020 amendment set four classes of government data and stated that Philippine law applies to government data with local links.

Effective June 2020 · DICT
Bank outsourcing rules cover cloud riskIn force

Bangko Sentral ng Pilipinas (BSP) Circular 1137 of 2022 makes banks classify outsourcing as material or non material. Banks stay responsible for checking providers' security and must assess data access risks from provider staff.

Effective February 2022 · BSP

Water and cooling 3

Water use needs an NWRB permitIn force

Under the Water Code of 1976, no one may draw water without a water permit. The National Water Resources Board (NWRB) now issues these permits, including for groundwater and industrial use.

Effective 1976-12-31 · NWRB
Metro Manila water allocation cutIn force

The NWRB cut Angat Dam water for Metro Manila from 50 to 53 cubic metres per second to 44 for October 2026. It acted ahead of a strong El Niño. Angat supplies most of the capital's water.

Effective October 2026 · NWRB
No data centre water rule yetStatus unclear

No national rule sets water or cooling limits for data centres. Engineering firm Black & Veatch said in May 2026 that operators need certainty on both power and water supply.

NWRB, DENR

On the clock 6

EO 119 guidelines due within 120 daysProposed

A joint committee led by DICT and the National Security Council must issue implementing guidelines within 120 days of the order taking effect. That points to around November 2026.

Expected November 2026 · DICT, NSC
DOE data centre energisation policy pendingProposed

Energy Secretary Sharon Garin said the DOE would release a data centre energisation policy in 2026. No published policy was found as of 3 October 2026.

DOE
Bill to make green lanes lawProposed

House Bill 2781, filed on 31 July 2025, would turn the green lane scheme into law. It sets 3, 7 and 20 working day deadlines and automatic approval if agencies miss them.

House of Representatives
ERC roadmap for wider retail choiceProposed

The ERC plans to publish a roadmap for phased expansion of retail choice programs. The stated end goal is to let households choose their supplier.

ERC
DICT targets 18 GW over a decadeProposed

DICT Secretary Henry Aguda set a goal of 18 GW of data centre capacity over ten years, with 1.5 GW by end 2027. The government is also studying turning the Bataan Nuclear Power Plant into a data centre site.

DICT
Push for a private data residency lawProposed

Investment bankers have urged a broad data residency law covering private data. They say it would support data centre demand and future listings.

Congress

Searched and not confirmed

What this research looked for and could not confirm from a primary or credible source. Listed so the gaps are visible.

Rules in other countries

Each rule is stated as its source states it, with the issuing body and the date it took effect or is expected. Statuses are In force, Proposed (a draft, consultation or announced plan with no legal effect yet), Paused, Ended and Status unclear. Rules change, so check the date beside each item and the source before relying on it. This page is not legal advice. Corrections go to [email protected]. Data is CC BY-NC 4.0.