Bmbe Complete
Bmbe Complete
Bmbe Complete
For the purpose of the Act, “services” shall exclude those rendered by any
one, who is duly licensed by the government after having passed a
government licensure examination, in connection with the exercise of one’s
profession (e.g., Accountant, Lawyer, Doctor, etc.).
The DOF Department Order No. 17-04 also provides that, an enterprise
can only qualify for registration if it is not a branch, subsidiary, division or
office of a large scale enterprise and its policies and business modus
operandi are not determined by a large scale enterprise or by persons
who are not owners or employees of the enterprise (i.e., franchises).
1
employees will still receive the same social security and health care
benefits as other employees);
Priority to a special credit window set up specifically for the financing
requirements of BMBEs; and
Technology transfer, production and management training, and
marketing assistance programs for BMBE beneficiaries.
The LGUs are also encouraged to either reduce the amount of local
taxes, fees, and charges imposed or exempt the BMBEs from local taxes,
fees, and charges.
2
description of a BMBE may register for the first time or renew its registration
with the Office of the Treasurer of the city or municipality where the business
is located.
7.1 Basic requirements for new applicants and for BMBEs applying for
renewal of registration:
a. Duly filled out application form (BMBE Form 01) in triplicate, signed
by the owner or manager of the entity applying for registration;and,
b. Three passport size ID pictures.
b. For those with assets worth more than three hundred thousand
pesos (P300, 000) up to three million pesos (P3, 000,000.00) –
1. Registration as a business entity as explained above in item
no.7.2a.1
2. Taxpayer Identification Number (TIN);
3. Certificate of Registration from the Bureau of Internal
Revenue (BIR);
4. Mayor’s Permit or City/Municipal Business Permit;
5. Sworn affidavit executed by the sole proprietor or the President
of the enterprise, as the case may be, that the enterprise is
barangay-based and micro-business in nature and scope;
6. Sworn Statement of Assets and Liabilities supported by
pertinent documents;
7. Pictures of the place of business and its assets, other than
cash, receivables and intangibles;
8. Copy of Loan Contract/s, if any, and duly-notarized
Certification of Amortization Payments on the Loan; and
9. Income Tax Return (ITR).
b. For those with assets worth more than three hundred thousand
pesos (P300,000) up to three million pesos (P3,000,000.00) –
1. Documents previously mentioned in item 7.2b (1-8); and
2. Annual Information Return (for the year immediately preceding
the renewal of registration) duly filed with the BIR, together
with its attachments.
Procedures:
a. Accomplish BMBE Form 01 in triplicate and submit to the Office
of the Municipal or City Treasurer.
b. The Municipal or City Treasurer evaluates the application. The
application shall be processed within 15 working days upon
submission; otherwise, the BMBE shall be deemed registered.
c. A registered BMBE shall be issued a Certificate of Authority as
proof of registration, effective for a period of two years. The
application is renewable every two years.
9) How can a BMBE avail of the exemption from the coverage of the
minimum wage law?
Once a BMBE is registered and issued with a Certificate of Authority by
the Municipal or City Treasurer, it is automatically exempted from the
minimum wage law.
11) Is the exemption from the coverage of the minimum wage law
prospective in nature?
Yes. The rule is that laws shall have prospective application only. Thus, an
4
enterprise’s exemption from the coverage of the minimum wage law can
only be applied to employees hired after its registration as a BMBE.
12) How much should a BMBE worker be paid for his services?
It depends between the employer and the worker. They shall mutually
agree on the acceptable wage rate.
13) What are the steps in availing of the Income Tax Exemption?
The BMBE registers with the BIR Revenue District Office (RDO) where the
principal office or place of business is located and its submission of the
necessary documents.
14) What are the documents to be submitted to the BIR to avail of Income
Tax Exemption?
a. Copy of the BMBE’s Certificate of Authority
b. Sworn Statement of Assets of the BMBE and/or its affiliates, supported
by pertinent documents
c. Certified list of branches, sales outlets, places of production,
warehouses and storage facilities
d. Certified list of affiliates
e. Latest audited Financial Statement or Account Information Form or
its equivalent
15) What document should be filed with BIR by an income tax exempt
BMBE?
In lieu of an income tax return, an income tax exempt BMBE is required to
submit an Annual Information Return. This is filed on or before the 15th
day of the 4th month after the close of the taxable year with an Account
Information Form, which contains data from its financial statement and
Sworn Statement of Assets Owned and/or Used.
7
Congress of the Philippines
TWELFTH CONGRESS
Second Regular Session
PRELIMINARY PROVISIONS
SEC. 1. Short Title. – This Act shall be known as the “Barangay Micro
Business Enterprises (BMBEs) Act of 2002”.
For the purpose of the Act, “services” shall exclude those rendered by any
one, who is duly licensed by the government after having passed a government
licensure examination, in connection with the exercise of one’s profession.
8
(b) “Certificate of Authority” is the certificate issued granting the authority
to the registered BMBE to operate and be entitled to the benefits and privileges
accorded thereto.
(e) “Financing” refers to all borrowings of the BMBE from all sources after
registration.
SEC. 4. Registration and Fees. – The Office of the Treasurer of each city
or municipality shall register the BMBEs and issue a Certificate of Authority to
enable the BMBE to avail of the benefits under this Act. Any such application
shall be processed within fifteen (15) working days upon submission of complete
documents. Otherwise, the BMBEs shall be deemed registered. The Municipal
or City Mayor may appoint a BMBE Registration Officer who shall be under
the Office of the Treasurer. Local government units (LGUs) are encouraged to
establish a One-Stop-Business Registration Center to handle the efficient
registration and processing of permits/licenses of BMBEs. Likewise, LGUs
shall make a periodic evaluation of the BMBEs’ financial status for monitoring
and reporting purposes.
The LGUs shall issue the Certificate of Authority promptly and free of
charge. However, to defray the administrative costs of registering and
monitoring the BMBEs, the LGUs may charge a fee not exceeding One
Thousand Pesos (P1, 000.00).
The Certificate of Authority shall be effective for a period of two (2) years,
renewable for a period of two (2) years for every renewal.
9
SEC. 6. Transfer of Ownership. – The BMBE shall report to the city or
municipality of any change in the status of its ownership structure, and shall
surrender the original copy of the BMBE Certificate of Authority for notation of
the transfer.
SEC. 7. Exemption from Taxes and Fees. – All BMBEs shall be exempt
from income tax for income arising from the operations of the enterprise.
The LGUs are encouraged either to reduce the amount of local taxes, fees
and charges imposed or to exempt the BMBEs from local taxes, fees and
charges.
SEC. 8. Exemption from the Coverage of the Minimum Wage Law. – The
BMBEs shall be exempt from the coverage of the Minimum Wage Law:
Provided, That all employees covered under this Act shall be entitled to the
same benefits given to any regular employee such as social security and
healthcare benefits.
SEC. 9. Credit Delivery. – Upon the approval of this Act, the Land Bank of
the Philippines (LBP), the Development Bank of the Philippines (DBP), the
Small Business Guarantee and Finance Corporation (SBGFC), and the People’s
Credit and Finance Corporation (PCFC) shall set up a special credit window
that will service the financing needs of BMBEs registered under this Act
consistent with the Bangko Sentral ng Pilipinas (BSP) policies, rules and
regulations. The Government Service Insurance System (GSIS) and Social
Security System (SSS) shall likewise set up a special credit window that will
serve the financing needs of their respective members who wish to establish a
BMBE. The concerned financial institutions (FIs) are encouraged to wholesale
the funds to accredited private financial institutions including community-based
organizations such as credit, cooperatives, non-government organizations
(NGOs) and people’s organizations, which will in turn, directly provide credit
support to BMBEs.
All loans from whatever sources granted to BMBEs under this Act shall be
considered as part of alternative compliance to Presidential Decree No. 717,
otherwise known as the Agri-Agra Law, or to Republic Act No. 6977, known as
the Magna Carta for Small and Medium Enterprises, as amended. For purposes
of compliance with Presidential Decree No. 717 and Republic Act No. 6977,
as amended, loans granted to BMBEs under this Act shall be computed at
twice the amount of the face value of the loans.
10
granted to BMBEs as well as loans extended by the GSIS and SSS to their
respective member- employees under this Act shall be exempt from gross
receipts tax (GRT).
To minimize the risks in lending to the BBEs, the SBGFC and the Quedan
and Rural Credit Guarantee Corporation (QUEDANCOR) under the Department
of Agriculture, in case of agribusiness activities, shall set up a special guarantee
window to provide the necessary credit guarantee to BMBEs under their
respective guarantee programs.
The LBP, DBP, PCFC, SBGFC, SSS, GSIS, and QUEDANCOR shall
annually report to the appropriate Committees of both Houses of Congress on
the status of the implementation of this provision.
The BSP shall formulate the rules for the implementation of this provision
and shall likewise establish incentive programs to encourage and improve
credit delivery to the BMBEs.
The DTI, in behalf of the DOST, UP ISSI, CDA, TESDA and TLRC shall be
required to furnish the appropriate Committees of both Houses of Congress a
yearly report on the development and accomplishments of their projects and
programs in relation to technology transfer, production and management training
and marketing assistance extended to BMBEs.
SEC. 11. Trade and Investment Promotion. – The data gathered from
business registration shall be made accessible to and shall be utilized by
11
private sector organizations and non-government organizations for purposes
of business matching, trade and investment promotion.
INFORMATION DISSEMINATION
PENALTY
SEC. 13. Penalty. – Any person who shall willfully violate any provision of
this Act or who shall in any manner commit any act to defeat any provision of
this Act shall, upon conviction, be punished by a fine of not less than Twenty-
five Thousand Pesos (P25,000.00) but not more than Fifty Thousand Pesos
(P50,000.00) and suffer imprisonment of not less than six (6) months but not
more than two (2) years.
MISCELLANEOUS PROVISIONS
SEC. 14. Annual Report. – The DILG, DTI, and BSP shall submit an annual
report to the Congress on the status of the implementation of the Act.
12
the provisions of this Act are hereby amended, modified, superseded or repealed
accordingly.
SEC. 18. Effectivity. – The Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved,
This Act, which is a consolidation of Senate Bill No. 1855 and House Bill
No. 4871 was finally passed by the Senate and the House of Representatives
on October 24, 2002 and October 23, 2002, respectively.
(Published in Manila Times & Today, November 19, 2002 and in the
Official Gazette January 27, 2003)
13
DEPARTMENT ADMINISTRATIVE
ORDER NO. 01
Series of 2003.
I. PRELIMINARY PROVISIONS
f. Financing – shall refer to all borrowings of the BMBE from all sources
after registration.
a. Have an asset size of not more than three million pesos (P3,000,000.00)
excluding land, before applying for BMBE registration; and
Sec. 7. Fees and Charges. – The LGUs shall issue the CA promptly and
free of charge. However, to defray the administrative costs of registering and
monitoring the BMBEs, the LGU may charge a fee not exceeding One Thousand
Pesos (P1,000.00).
Sec. 9. Exemption from taxes and fees. – All BMBEs shall be exempted
from income tax for income arising from the operation of the enterprise.
The Local Government Units (LGUs) are encouraged either to reduce the
amount of local taxes, fees and charges imposed or to exempt the BMBE
from local taxes, fees and charges.
Sec. 10. Exemption from the Coverage of the Minimum Wage Law. – The
BMBEs shall be exempt from the coverage of the Minimum Wage Law:
Provided, That all employees covered under the Act shall be entitled to the
same benefits given to any regular employee such as social security and
healthcare benefits.
Sec. 11. Credit Delivery. – As stated in Sec. 9 of the Act, the Land Bank
of the Philippines (LBP), the Development Bank of the Philippines (DBP),
Small Business Guarantee and Finance Corporation (SBGFC), and People’s
16
Credit and Finance Corporation (PCFC) shall set up a special credit window
that will service the financing needs of BMBEs registered under the Act
consistent with the BSP policies, rules and regulations. The Government Service
Insurance System (GSIS) and Social Security System (SSS) shall likewise
set up a special credit window that will serve the financing needs of their
respective members who wish to establish a BMBE. The concerned financial
institutions (FIs) are encouraged to wholesale the funds to accredited private
financial institutions including community-based organizations such as
cooperatives, non-government organizations (NGOs) and people’s
organizations, which will in turn, directly provide credit support to BMBEs.
All loans from whatever sources granted to BMBEs under the Act shall be
considered as part of alternative compliance to Presidential Decree No. 717,
otherwise known as the Agri-Agra Law, or to Republic Act No. 6977, otherwise
known as the Magna Carta for Small and Medium Enterprises, as amended.
For purposes of compliance with Presidential Decree No. 717 and Republic
Act No. 6977, as amended, loans granted to BMBEs under the Act shall be
computed at twice the amount of the face value of the loans.
To minimize the risks in lending to the BMBEs, the SBGFC and the Quedan
and Rural Credit Guarantee Corporation (QUEDANCOR) under the Department
of Agriculture, in case of agribusiness activities, shall set up a special guarantee
window to provide the necessary credit guarantee to BMBEs under their
respective guarantee programs.
The LBP, DBP, PCFC, SBGFC, SSS, GSIS, and QUEDANCOR shall
annually report to the appropriate Committees of both Houses of Congress on
the status of the implementation of this provision.
The BSP shall formulate the rules for the implementation of this provision
and shall likewise establish incentive programs to encourage and improve
credit delivery to the BMBEs.
17
Sec. 13. BMBE Development Fund. – As stated in Sec. 10 of the Act, a
BMBE Development Fund shall be set up with an endowment of Three Hundred
Million Pesos (P300, 000,000.00) from the PAGCOR and shall be administered
by the SMED Council.
The DTI, DOST, UP ISSI, CDA, TESDA, and TLRC may avail of the said
Fund for technology transfer, production and management training and marketing
assistance to BMBEs.
Sec. 14. Trade and Investment Promotion. – The data gathered from
business registration shall be made accessible to and shall be utilized by
private sector organizations and non-government organizations for purposes
of business matching, trade and investment promotion.
V. PENALTY
Sec. 17. Penalty. – Any person who shall willfully violate any provision of
the Act or who shall in any manner commit any act to defeat any provision of
the Act shall, upon conviction, be punished by a fine of not less than Twenty-
five Thousand Pesos (P25, 000.00) but not more than Fifty Thousand Pesos
(P50, 000.00) and suffer imprisonment of not less than six (6) months but not
more than two (2) years.
Sec. 18. Annual Report. – The DILG, DTI, and BSP shall submit Annual
Reports to Congress on the status of the implementation of the Act.
18
Sec. 19. Effectivity. – These rules shall take effect fifteen (15) days after
its publication in a newspaper of general circulation.
19
APPLICATIONFORREG
APP EGIIST
STR RATIONA S
AS
BARANGAYMICROBU
BAR BUSSINESSE NTE
EN TERRPRISES
BMBE
UNDERR.A.9178
PASSPORT SIZE
BMBE Form 01 To be accomplished in triplicate ID PICTURE OF
OWNER/HEAD
Date Application Filed:_______ OF BUSINESS
ENTERPRISE
Application No.____________
New Renewal
Name of Business Enterprises
Name of Owner or Head of Enterprise
_______________________________________________________ Male Female
(Last Name) (First Name) (Middle Name)
Business Address __________________________________ Tel. No.:________________
________________________________________________ Fax. No.:_______________
E
Type of Business Organization Single Propriertorship Partneship Corporation Cooperative
Association Others____________
L
Status of Business New Existing
Partners/Directos/Officers
M P
Product Lines/Services __________________________________________________________________________
Total Assets (To the Nearest Thousand Pesos) _______________________________________________________
Total Number of Employees__________ (No. of Males__________No. of Females_________
S A
Branches, if any
Address/es Tel. No.
I/We hereby declare that all information supplied in this application are true and correct to the best of my belief and
knowledge, and any false or misleading information supplied, or production of materially false or misleading
documents to support this application shall be a ground for the appropriate criminal, civil and/or administrative
action against our enterprise.
I/We undertake to advise the Office of the Treasure of the Municipality/City of any change in the status of its
structure and shall surrender the original copy of the BMBE Certificate of Authority for notation of the transfer.
________________________________
Applicant’s/Authorized Representative’s Signature
Over Printed Name
20
BMBE Form 02 BMBE Registration No._______
REPUBLICOFTHEPHILIPPINES
_______________________________
(City/Municipality)
BMBE Certificat
rtificatee ooff Authorit
Au y
rity
(Registered Barangay Micro Business Enterprises)
THIS CERTIFICATE, which is effective for two (2) years, entitles the registered
L E
Barangay Micro Business Enterprises (BMBE) to all benefits and incentives, subject
to the terms and conditions, of Republic Act No. 9178, signed by President Gloria
Macapagal-Arroyo on 13 November 2002, and the implementing rules and regulations
thereof issued by Secretary of Trade and Industry Mar Roxas on 07 February 2003.
P
This certificate will expire on__________.
M
Granted to:
______________________________________
A
Name of Enterprise
S Owner/Manager:
Address:
_________________________
_________________________
_________________________
________________________________
City/Municipal Treasurer
Attested:
______________
Mayor
21
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Vito Cruz, Manila
RULE 1.
PRELIMINARY PROVISIONS
x x x
“Sec. 9. Exemption From Taxes and Fees. – All BMBEs shall be exempted
from income tax for income arising from the operation of the enterprise.”
Interest, commissions and discounts derived from the loans by the Land
Bank of the Philippines (LBP), Development Bank of the Philippines (DBP),
22
People’s Credit and Finance Corporation (PCFC) and Small Business
Guarantee and Finance Corporation (SBGFC) granted to BMBEs as well as
loans extended by the Government Service Insurance System (GSIS) and
Social Security System (SSS) to their respective member-employees under
the Act shall also be exempt from gross receipts tax (“GRT”).
Sec. 3. Objective. The Office of the Treasurer and the Bureau of Internal
Revenue are under the supervisory authority of the Department of Finance.
Accordingly, this Department Order is hereby issued to provide guidelines and
procedures in:
(b) The periodic evaluation of the BMBEs’ financial status for monitoring
and reporting purposes;
(c) The exemption from income tax of BMBEs for income arising from the
operations of the enterprise; and
(d) The exemption from gross receipts tax (GRT) of interests, commissions
and discounts derived from the loans by the LBP, DBP, PCFC and
SBGFC granted to BMBEs as well as loans extended by the GSIS
and SSS to their respective member-employees who wish to establish
BMBEs.
RULE 2.
REGISTRATION OF BMBEs
It shall be considered “micro-business in nature and scope” if: (i) its principal
activity is primarily for livelihood, or determined by the SMED Council or DTI
as a priority area for development or government assistance; (ii) the enterprise
is not a branch, subsidiary, division or office of a large scale enterprise; and
(iii) its policies and business modus operandi are not determined by a large
scale enterprise or by persons who are not owners or employees of the
enterprise.
24
(a) For a new applicant:
I) invoice
II) official receipt
III) contract document or deed
7. Pictures of the place of business and its assets, other than cash,
receivables and intangibles;
9. Income Tax Return (ITR) with proof that it has been duly filed with the
BIR, including attachments, if any, (for an existing business only).
The Office of the Treasurer shall issue the CA promptly and free of charge,
unless a fee therefore, not exceeding One Thousand Pesos (P1,000.00), is
imposed by the LGU concerned through a properly enacted ordinance.
26
Sec. 8. Cancellation of Registration – The Office of the City or Municipal
Treasurer shall cancel the registration of a BMBE for cause, such as:
(a) When the BMBE transfers its place of business to another locality;
(b) When the value of its total assets as determined pursuant to this
Order exceeds Three Million Pesos (P3,000,000.00);
(b) Royalties;
(e) Capital gains from the sale of shares of stock not traded through the
stock exchange;
(f) Capital gains from the sale or other disposition of real property;
(g) The share of an individual in the net income after tax of an association,
a joint account, or a joint venture or consortium;
(h) The share of an individual in the distributable net income after tax of a
taxable partnership of which he is a partner;
(i) Income from the practice of profession received directly from the clients
or from the professional partnership of which the individual is a partner;
(k) All other forms of passive income and income from revenues not
effectively connected with or arising from operations of the BMBEs
as such.
28
the conduct of its/their business/es: Provided, That the term ”affiliate” shall
refer to any person or business enterprise/entity that, directly or indirectly
through one or more intermediaries, controls or is controlled by, or is under
common control with, the BMBE concerned. The rules provided in Sec. 36 (B)
of the National Internal Revenue Code shall be used in determining whether
such affiliation exists, and the rules prescribed in Sec. 127 (B) of the same
Code for stock attribution shall be used in determining beneficial ownership of
an incorporated enterprise: Provided, further, That the value of the assets of
the BMBE for the purpose of this Section shall be determined in accordance
with the valuation rules set forth in Rule 2, Sec. 2 hereof.
29
e) Latest Audited Financial Statement, or Account Information Form or
its equivalent containing data lifted from audited financial statements.
If a BMBE is also entitled to exemption from income tax under any law
other than the Act, it shall so state this fact in its registration form and indicate
whether it shall avail itself thereof or the privilege under the Act. The choice so
made shall bind the BMBE for the entire period of validity of its registration
with the BIR. No BMBE shall be allowed double or multiple availment of
income tax exemption privileges.
The registration fee shall be paid to an authorized agent bank (AAB) located
within the revenue district or, in places where there are no AABs, to the Revenue
Collection Officer (RCO), or duly authorized Treasurer of the City or Municipality
where the principal place of business is registered.
The BIR shall notify the Office of the City or Municipal Treasurer concerned
of its action, whereupon the City or Municipal Treasurer shall make a
determination within fifteen days from receipt of the BIR’s notice, whether the
BMBE’s Certificate of Registration issued by the Treasurer must likewise be
cancelled.
RULE 4.
GUIDELINES ON THE AVAILMENT OF EXEMPTION
FROM GROSS RECEIPTS TAX
31
RULE 5.
PUBLIC INFORMATION CAMPAIGN
RULE 6.
FINAL PROVISIONS
32
(d) The annual gross income derived by the BMBEs.
Sec. 3. Effectivity – This Order shall take effect after the 15th day following
its publication in a newspaper of general circulation.
33
ANNEX A
REPUBLIC OF THE PHILIPPINES)
) S.S.
AFFIDAVIT
34
FURTHER AFFIANT SAYETH NAUGHT.
____________________________
Affiant
___________________________
NOTARY PUBLIC
35
Republic of the Philippines
Department of Finance
BUREAU OF INTERNAL REVENUE
Quezon City
All revenue officials and employees are enjoined to give this circular as
wide a publicity as possible.
36
Republic of the Philippines
Department of Finance
BUREAU OF INTERNAL REVENUE
Quezon City
For the information and guidance of all internal revenue officers, employees
and others concerned, attached is the Sworn Affidavit (Annex A) of Department
Order No. 17-04 GUIDELINES TO IMPLEMENT THE REGISTRATION OF
BARANGAY MICRO BUSINESS ENTERPRISES AND THE AVAILMENT OF
TAX INCENTIVES UNDER R.A. 9178, OTHERWISE KNOWN AS THE
“BARANGAY MICRO BUSINESS ENTERPRISES (BMBEs) ACT OF 2002”. It
is referred to in Rule 2, Sec. 3(a) (5) as the form of the sworn affidavit to be
executed by the sole proprietor or the President of the enterprise, as the case
maybe that the applicant-enterprise is barangay- based and micro business in
nature and scope.
All revenue officials and employees are enjoined to give this circular as
wide as publicity as possible.
37
Republic of the Philippines
DEPARTMENT OF FINANCE
Roxas Boulevard Corner Vito Cruz, Manila
16 December 2005
38
(2) FOR RENEWAL OF REGISTRATION:
[6)] vi) Sworn Statement of Assets and Liabilities showing the values
of assets owned and to be used in the conduct of business,
which shall be supported by pertinent information such as the
date of acquisition, acquisition cost and depreciated value. In
the case of asset acquired during the year of registration, it shall
be supported by any of the following:
[9] ix) Income Tax Return (ITR) with proof that it has been duly filed
with the BIR, including attachments, if any, (for an existing
business only).
The application for registration shall not be processed by the Office of the
Treasure until all documentary requirements as above set forth have been
submitted.
SEC. 2. This Order shall take effect after the 15th day following its publication
in a newspaper of general circulation.
40
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Manila
Section 7. This guidelines shall take effect immediately after its publication
in a newspaper of general circulation.
42
Republic of the Philippines
Department of Labor and Employment
NATIONAL WAGES AND PRODUCTIVITY
COMMISSION
(b) Acceptable Wage Rates – refer to the reasonable and agreed wage
rates set by the BMBE workers and owners taking into consideration
the Wage Advisories issued by the RTWPBs.
Section 3. Guidelines.
A. Wage Advisories
Section 6. Effectivity. This Guidelines shall take effect 15 days after its
publication in a newspaper of general circulation.
a. All loans from whatever sources granted to BMBEs under this Act
shall be considered as part of alternative compliance to Presidential
Decree No. 717 (Agri-Agra Law) or to Republic Act No. 6977, otherwise
known as the “Magna Carta for Small and Medium Enterprises”, as
amended. For purposes of compliance with Presidential Decree No.
717 and Republic Act No. 6977, as amended, loans granted to BMBEs
under R.A. No. 9178 shall be computed at twice the amount of the
outstanding balance of the loans: Provided, That loans used as
alternative compliance with PD 717 which were computed at twice
their outstanding balance shall no longer be eligible as compliance
with R.A. 6977 during the same period and vice versa: Provided,
further That said loans may be used as alternative compliance with
PD 717 and R.A. No. 6977, as amended at the same time at the
maximum amount of 100% of their outstanding balance: Provided,
still further, that funds loaned by government financial institutions to
accredited private banking and other financial institutions for relending
to BMBEs shall be eligible as part of alternative compliance to P.D.
717 or to R.A. No. 6977, as amended, at the maximum amount of
100% of their outstanding balance.
47
Section 6. Credit guarantee – The SBGFC and the Quedan and Rural
Credit Guarantee Corporation (Quedancor) under the Department of Agriculture,
in case of agri-business activities, shall set up a special guarantee window to
provide credit guarantee to BMBEs under their respective guarantee programs.
Section 7. Records – The LBP, DBP, PCFC and SBGFC shall maintain
separate records of loans granted to BMBEs and the GSIS and SSS shall
maintain records of loans extended to their respective members who wish to
establish BMBEs.
Section 11. Effectivity - This Circular shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.
48
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT
April 8, 2003
MEMORANDUM CIRCULAR
No. 2003-69
The law seeks to establish BMBEs at the local level and to provide
incentives and benefits to generate the much-needed employment and alleviate
poverty that will hasten the country’s economic development. The implementing
Rules and Regulations of said R.A. was published on February 11 and 23
issue of the Manila Bulletin.
All Local Chief Executives (LCEs) are enjoined to ensure the full
implementation of said law by establishing a One-Stop Business Registration
Center in their areas to handle the efficient registration and processing of
permits and licenses of BMBEs. A Standard Registration Form and a Certificate
of Authority have been provided by DTI to be utilized for such purposes.
The DILG, in coordination with PIA, DOLE and DTI shall meet at the regional
level, to prepare an Action Plan to ensure proper dissemination of the law to
the general public, most especially the beneficiaries at the barangay level.
All DILG Regional Directors are hereby directed to cause its widest
dissemination in their region and furnish the following offices existing at the
regional level:
49
Department of Trade and Industry (DTI)
Department of Labor and Employment (DOLE)
Bangko Sentral ng Pilipinas (BSP)
Philippine Information Agency (PIA)
Philippine Amusement and Gaming Corporation (PAGCOR)
Government Service Insurance System (GSIS)
Social Security System (SSS)
Development Bank of the Philippines (DBP)
Land Bank of the Philippines (LBP)
People’s Credit and Financing Corporation (PCFC)
Small Business Guarantee and Finance Corporation (SBGFC)
All reports shall be submitted to the Office of the Secretary through the
Office of the Undersecretary for Local Governments. Said reports shall be the
bases for the submission by DILG and DTI of an Annual Report to Congress as
provided in Section 14 of said law.
Attested by:
50
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
The Department of Trade and Industry (DTI) has sought the assistance of
the Department on the implementation of the above-subject law at the city/
municipal levels, most particularly on the imposition of fees and charges on
the registration and monitoring of BMBEs, as provided in Section 7 of the
Rules and Regulations implementing R.A. 9178 which reads:
The DTI, being the lead government agency tasked to implement the
mandate and objective of the said law, has brought to our attention the inaction
of some LGUs on the applications for CA as Barangay Micro-Business
Enterprises (BMBE) because of the absence of an enabling ordinance
implementing the law at the local levels. According to the DTI, neither the law
(R.A. 9178) nor its Implementing Rules and Regulations on the matter requires
or at least evinces a need for an enabling ordinance before qualified applicants
for BMBE can be entertained.
51
Regulations implementing R.A. 9178 has already detailed the procedures and
requirements for registration as BMBE.
Consistent with the settled principle that a national law prevails upon a
local legislation, local ordinances inconsistent with R.A. 9178, are deemed
amended or modified accordingly. Local Chief Executives, as well as their
respective local sanggunians, are hereby advised to be guided on the matter.
DILG Field Officers are hereby directed to monitor LGUs compliance with
the mandate and objective of the RA 9178 and its Implementing Rules and
Regulations.
Attested by:
52
DEPARTMENT ADMINISTRATIVE ORDER NO. 02
Series of 2006
The following guidelines, rules and regulations governing the effective and
proper administration and utilization of the BMBE Development Fund are hereby
prescribed and promulgated for the information, implementation and guidance
of all concerned:
1. Entrepreneurship Development
2. Skills Training
3. Business Advisory Services
4. Technology Intervention
53
5. Technology Incubation/Commercialization
6. Policy Advocacy (activities and studies)
7. Database Development
8. Business Matching Activities
9. Trade Fairs and Missions
10. Other related activities that will benefit BMBEs
5. The executing agency and the SMED Council shall enter into a
Memorandum of Agreement (MOA) before the transfer of approved
project funds can be effected (Annex “B”).
54
The Executing Agencies (DTI, DOST, UP-ISSI, CDA, TESDA, TLRC) shall
provide the SMED Council with a quarterly audited report on the utilization of
the BMBE Development Fund and status report on the progress of their
respective projects (Annex “C”).
Section 6. Effectivity. This order shall take effect fifteen (15) days after
publication in a newspaper of general circulation.
Recommended by:
55
ANNEX “A”
PROJECT BRIEF
56
8. Timelines: What are the starting and ending
dates of the project? Include
milestones.
Endorsement:
__________________ ____________________
Responsible Officer: Project Sponsor:
<Name>, <Title? <SMED Council>, <Title>
57
ANNEX “B”
MEMORANDUM OF AGREEMENT
-and-
The _________________________, a government corporate body created
on __________by virtue of _________________, with office address at the
_____________________________________________________, Philippines,
represented herein by its___________, ___________________ , and hereinafter
referred to as “___________”;
WITHNESSETH: That__
58
NOW, THEREFORE, be it resolved, as it hereby resolved that the parties
hereto agree and bind themselves as follows:
SMEDCOUNCIL
2. Monitor the proper utilization of the project fund that was released to
the executing agency.
EXECUTING AGENCY
EFFECTIVITY
This agreement shall take effect as of the date of signing and shall remain
effective, unless otherwise terminated upon due and formal notice of both parties
involved herein at least thirty (30) days prior thereto.
SO AGREED.
59
SMALL AND MEDIUM BENEFICIARY AGENCY
ENTERPRISE (DTI, DOST, UP ISSI,
DEVELOPMENT COUNCIL/ TESDA, TLRC)
DEPARTMENT OF TRADE
AND INDUSTRY
_______________________
PETER B. FAVILA HEAD OF AGENCY
DTI Secretary/ SMEDC
Chairman
___________________ ___________________
WITNESS WITNESS
ACKNOWLEDGMENT
WITNESS MY HAND AND SEAL on the day, year and place first above
written.
Doc. No.____
Page No.____
Book No.____
Series of _____
60
ANNEX “C”
Project Name:
Project Start Date:
Project End Date:
Summary Report:
Summary Report:
(Provide a bullet point summary of the most significant activities planned for
next period organized by active work plan segment.)
61