Law Summary
Declaration of Policy
- The State aims to accelerate economic development by promoting barangay micro business enterprises.
- Encourages growth of Filipino entrepreneurial talents.
- Integrates informal sector into the mainstream economy.
- Reduces bureaucratic restrictions and enhances government intervention at the local level.
- Provides incentives and benefits to create employment and reduce poverty.
Definition of Terms
- Barangay Micro Business Enterprise (BMBE): A business entity engaged in production, processing, manufacturing, trading, or services with total assets (excluding land) not exceeding ₱3,000,000.
- Definition subject to review and adjustment by the SMED Council.
- Services exclude those by licensed professionals.
- Certificate of Authority: Issued to registered BMBEs enabling them to operate and avail benefits.
- Assets: All real or personal properties owned and used by BMBE (excluding land for tax exemption purposes).
- Registration: Inclusion in the BMBE Registry.
- Financing: Borrowings by BMBE after registration.
Registration and Fees
- Registration handled by the city or municipal Treasurer’s Office.
- Certificate of Authority issued within 15 working days upon submission of complete documents; otherwise, deemed registered.
- LGUs may appoint BMBE Registration Officers and establish One-Stop-Business Registration Centers.
- LGUs to periodically evaluate BMBEs' financial status.
- Certificate of Authority is valid for two years, renewable every two years.
- Registration fees capped at ₱1,000; certificates issued promptly and preferably free.
- Minimal bureaucratic requirements and reasonable fees mandated.
Eligibility for Registration
- Any natural or juridical person, cooperative, or association meeting the asset qualifications may register as BMBE.
Ownership Transfer
- BMBEs must report changes in ownership to local government.
- Original Certificate of Authority to be surrendered for notation of transfer.
Exemption from Taxes and Fees
- BMBEs exempt from income tax on income from operations.
- LGUs encouraged to reduce or exempt local taxes, fees, and charges.
Exemption from Minimum Wage Law
- BMBEs are exempt from minimum wage law coverage.
- Employees still entitled to regular benefits like social security and healthcare.
Credit Delivery
- Special credit windows for BMBEs to be established at several government financial institutions (LBP, DBP, SBGFC, PCFC).
- GSIS and SSS to provide special credit windows for their members establishing BMBEs.
- Encourages wholesale funds to private agencies and community-based organizations for direct credit support.
- Loans to BMBEs count double towards compliance with certain laws.
- Interest from these loans exempt from gross receipts tax.
- Credit guarantee windows established via SBGFC and QUEDANCOR to mitigate lending risks.
- Annual reporting on implementation by involved institutions to Congress.
- BSP tasked with issuing implementing rules and incentivizing credit delivery.
Technology Transfer, Training, and Marketing Assistance
- BMBE Development Fund with ₱300 million endowment from PAGCOR, administered by SMED Council.
- Fund available to DTI, DOST, UP ISSI, CDA, TESDA, TLRC for technology, training, and marketing assistance.
- DTI to link BMBEs with larger enterprises and establish incentives for collaboration.
- Annual reports on projects and programs to be submitted to Congressional Committees.
Trade and Investment Promotion
- Business registration data to be accessible to private and non-government organizations for trade and investment promotion and business matching.
Information Dissemination
- Philippine Information Agency, with DOLE, DILG, and DTI, to disseminate Act’s contents and benefits specifically to barangay level beneficiaries.
Penalties
- Willful violations punishable by fine of ₱25,000 to ₱50,000 and imprisonment of six months to two years.
- Non-compliance with credit delivery provisions leads BSP to impose administrative sanctions and fines of at least ₱500,000 on government financial institutions.
Annual Report
- DILG, DTI, and BSP to submit annual implementation reports to Congress.
Implementing Rules and Regulations
- DTI Secretary, in consultation with DILG, DOF Secretary, and BSP Governor, to promulgate rules within 90 days post-approval.
- Rules effective 15 days after publication in a general circulation newspaper.
Separability Clause
- Invalid or unconstitutional provisions do not affect the validity of the remaining law.
Repealing Clause
- Conflicting laws, decrees, orders, or regulations are amended, modified, or repealed accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two general circulation newspapers.