:::~~~~=~~~~···=·=-- ==c=l ·=·~-=--=== ·~- ~ -=--,~-==,~·==-~--~ "The phrase 'doing business' shall include soliciting orders, service contracts, opening offices, whether called "liaison" offices or branches; appointing representatives or distributors domiciled in the Philippines or who in any calendar year stay in the country for a period or periods totalling one hundred eighty (180) days or more; participating in the management, supervision or control of any domestic business, firm, entity or corporation in the Philippines; and any other act or acts that imply a continuity of commercial dealings or arrangements, and contemplate to that extent the performance of acts or works, or the exercise of some of the functions normally incident to, and in progressive prosecution of, commercial gain or of the purpose and object of the business organization: Provided, however, That the phrase "doing business" shall not be deemed to include mere investment as a shareholder by a foreign entity in domestic corporations duly registered to do business, and/or the exercise of rights as such investor; nor having a nominee director or officer to represent its interests in such corporation; nor appointing a representative or distributor domiciled in the Philippines which transacts business in its own name and for its own account;" (Emphasis supplied) In addition, Section 131(d) of R.A. No. 7160, or the Local Government Code of 1991, provides a more concise definition of business in this manner: "Business means trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit. " (Emphasis supplied) On the other hand, the Implementing Rules and Regulations of the Foreign Investment Act (approved by the NEDA Board on July 9, 1996), stated other activities that are deemed as not doing business in the Philippines, in addition to those already enumerated under the Foreign Investments Act of 1991, to wit: • The publication of a general advertisement through any print or broadcast media; • Maintaining a stock of goods in the Philippines solely for the purpose of having the same processed by another entity in the Philippines; • Consignment by a foreign entity of equipment with a local company to be used in the processing of products for export; • Collecting information in the Philippines; and • Performing services auxiliary to an existing isolated contract of sale which are not on a continuing basis, such as installing in the Philippines machinery it has manufactured or exported to the Philippines, servicing the same, training domestic workers to operate it, and similar incidental services. A review of the stated instances deemed as "not doing business" shows a common denominator that by themselves the activities do not bring any direct receipts or profits to the foreign corporation. 71 Nevertheless, these activities that are deemed as "not doing business" may be regarded as isolated transactions, especially when the element of continuity in the dealings and arrangements are lacking. • No general rule or governing principle can be laid down as to what constitutes "doing" or "engaging in" or "transacting" business. Indeed, each case must be judged in the light of its peculiar environmental circumstances. The true test, however, seems to be whether the foreign corporation is continuing the body or substance of the business or enterprise for which it was organized or whether it has substantially retired from it and turned it over to another. The term implies a continuity of commercial dealings and arrangements, and contemplates, to that extent, 71 Villanueva, C.L. (2010). Philippine Corporate Law. Quewn City: Rex Printing Company, Inc. 34