June 8, 2017
SEC-OGC OPINION NO. 05-17
RE: OWNERSHIP, CONTROL, AND ADMINISTRATION OF AN ONLINE ENGLISH SCHOOL AND DIVING SCHOOL
Punongbayan and Araullo
Unit 603, 6th Floor Ayala Life-FGU Center
Mindanao Avenue corner Biliran Road
Cebu Business Park
6000 Cebu City
Attention: Mr. Wendell D. Ganhinhin
Director, Tax Advisory and Compliance
Dear Mr. Ganhinhin :
This refers to your letter dated 28 January 2015, requesting for a legal opinion on the ownership, control and administration of an online English tutorial school and diving school, on behalf of your client, Nikka Home, Ltd. (Nikka Japan).
You mentioned in your letter that your client Nikka Japan is duly organized and existing under the laws of Japan and is now processing the establishment of a Philippine subsidiary (Nikka Ph) which would operate an online English tutorial service and diving school. You disclosed that the online English school would cater primarily to foreign nationals based outside the Philippines, particularly from Japan, through the use of any or all medium/media, including but not limited to, the telephone, internet and all kinds of web-based interaction. The English school might also cater to...