Law Summary
Background and Authority
- Legal Basis: This order is issued pursuant to Republic Act (RA) No. 7656, which mandates government-owned or -controlled corporations (GOCCs) to declare and remit at least fifty percent (50%) of their annual net earnings as dividends to the National Government.
- Presidential Authority: The President, based on recommendations from the Secretary of Finance, has the authority to adjust the percentage of net earnings declared by a GOCC in the interest of national economy and general welfare.
Purpose of the Adjustment
- DBP's Role: The Development Bank of the Philippines (DBP) was established under Executive Order No. 81 (s. 1986), as amended by RA No. 8523, to service the medium and long-term financing needs of agricultural and industrial enterprises, especially small and medium-sized businesses.
- Economic Recovery: The DBP's programs aim to support economic recovery for industries affected by the COVID-19 pandemic and enhance productivity in agriculture, infrastructure, logistics, micro, small and medium enterprises, the environment, and social services.
Adjustment of Dividend Rate
- New Dividend Rate: The percentage of net earnings to be declared and remitted by the DBP to the National Government for Calendar Year (CY) 2022 is adjusted from fifty percent (50%) to zero percent (0%).
- Coverage: This adjustment is specifically applicable to the DBP for CY 2022.
Effectivity
- Immediate Implementation: This Order shall take effect immediately upon signing, which occurred on November 28, 2023.
Signatories
- President: Ferdinand R. Marcos, Jr.
- Executive Secretary: Lucas P. Bersamin
Key Takeaways
- The Executive Order adjusts the DBP's dividend remittance to zero percent (0%) for CY 2022, diverging from the standard fifty percent (50%) requirement under RA No. 7656.
- The adjustment is aimed at strengthening DBP's capital position and enhancing its ability to support crucial sectors of the economy.
- The directive is effective immediately as of November 28, 2023, and applies solely to the DBP for the specified calendar year.