Law Summary
Declaration of Policy
- Legal Principle: Under Republic Act (RA) No. 7656, the State mandates that government-owned and/or controlled corporations (GOCCs) contribute a substantial portion of their net earnings to the National Government to generate additional revenues without compromising their operational viability.
- Key Definitions:
- GOCCs: Corporations owned and/or controlled by the government.
- Important Requirements: GOCCs must declare and remit dividends based on their net earnings, in alignment with their operational needs and fiscal health.
Adjustment of Dividend Rates
- Legal Principle: The percentage of net earnings to be declared as dividends by specific GOCCs has been adjusted.
- Key Definitions:
- Net Earnings: The total profit of a corporation after expenses, taxes, and other costs.
- Important Requirements/Procedures:
- The Land Bank of the Philippines is required to remit 6% of its 1998 net earnings.
- The Development Bank of the Philippines is required to remit 30% of its 1998 net earnings.
- Relevant Timeframes: The adjusted rates apply specifically to the 1998 net earnings of the aforementioned GOCCs.
Effectivity
- Legal Principle: This Executive Order takes effect immediately upon adoption.
- Important Requirements: No additional procedural steps are mentioned for implementation.
- Relevant Timeframes: The Executive Order was adopted on July 27, 1999, and takes effect immediately.
Adoption and Authority
- Legal Principle: This Executive Order was issued under the authority vested in the President of the Philippines.
- Important Requirements: The order is signed and authenticated by the President and the Executive Secretary.
- Consequences: Compliance with the adjusted dividend rates is mandatory for the specified GOCCs.
Key Takeaways
- The Executive Order adjusts the dividend rates for the Land Bank of the Philippines and the Development Bank of the Philippines from the statutory minimum of 50% to 6% and 30%, respectively, based on their 1998 net earnings.
- The adjustments are aimed at enhancing the financial contributions of GOCCs to the National Government while considering their operational viability.
- The order is effective immediately as of July 27, 1999, and mandates compliance from the concerned corporations to remit the specified percentages of their net earnings.