Law Summary
Declaration of Policy
- Aims to speed up economic development by supporting barangay micro business enterprises.
- Encourages growth of Filipino entrepreneurial talents.
- Integrates informal sector businesses into the mainstream economy.
- Seeks to ease bureaucratic hurdles, promote government intervention at the local level.
- Provides incentives and benefits to create employment and reduce poverty.
Definition of Terms
- BMBE: Business entity with total assets (excluding land) not exceeding P3,000,000 engaged in production, processing, manufacturing, trading or services.
- Services exclude professions requiring government licensure.
- Certificate of Authority: Issued to registered BMBEs to operate and enjoy benefits.
- Assets include all property used in business, excluding land for tax exemption purposes.
- Registration: Inclusion of BMBE in the city or municipal registry.
- Financing: All borrowings post-registration.
Registration and Fees
- Registration handled by Office of the Treasurer at city/municipality level.
- Certificate of Authority issued within 15 working days or deemed issued if delayed.
- Possible appointment of BMBE Registration Officer.
- LGUs encouraged to create One-Stop Business Registration Centers.
- Certificate valid for 2 years, renewable every 2 years.
- Minimal bureaucratic requirements; fees for registration capped at P1,000, free issuance encouraged.
Eligibility to Register
- Any natural or juridical person, cooperative, or association qualified per asset and business type criteria.
Transfer of Ownership
- Change in ownership must be reported to city/municipality.
- Original Certificate of Authority surrendered for notation.
Exemption from Taxes and Fees
- Income from BMBE operations exempt from income tax.
- LGUs encouraged to reduce or exempt local taxes, fees, and charges.
Exemption from Minimum Wage Law
- BMBEs exempt from minimum wage law coverage.
- Employees still entitled to regular employee benefits (social security, healthcare).
Credit Delivery
- Special credit windows established by LBP, DBP, SBGFC, PCFC, GSIS, and SSS for BMBEs.
- Encouragement of private financial institutions and community-based organizations to provide credit.
- Loans to BMBEs count double for compliance under Agri-Agra Law and Magna Carta for SMEs.
- Interest and related income on loans to BMBEs exempt from Gross Receipts Tax.
- Guarantee programs provided by SBGFC and QUEDANCOR.
- Annual reporting on credit delivery status to Congress.
- BSP to create implementing rules and credit promotion incentives.
Technology Transfer, Training, and Marketing Assistance
- A P300 million BMBE Development Fund administered by the SMED Council.
- Fund accessible to DTI, DOST, UP ISSI, CDA, TESDA, and TLRC for support activities.
- DTI coordinates private sector linkages, including business matching and incentives.
- Annual reporting to Congress on program developments and accomplishments.
Trade and Investment Promotion
- Business registration data utilized by private and non-government organizations for trade and investment promotion.
Information Dissemination
- Philippine Information Agency (PIA) to disseminate information about the Act and benefits.
- Coordination with DOLE, DILG, and DTI.
- Focus on barangay-level dissemination.
Penalty
- Willful violation fined between P25,000 and P50,000, and imprisonment from 6 months to 2 years.
- Non-compliance with credit provisions (Section 9) results in BSP sanctions and fines not less than P500,000.
Annual Report
- DILG, DTI, and BSP required to submit yearly progress reports to Congress.
Implementing Rules and Regulations
- Secretary of DTI to formulate rules within 90 days of the Act’s approval.
- Rules take effect 15 days after publication in a widely circulated newspaper.
Separability Clause
- Invalid or unconstitutional provisions do not affect other parts of the Act.
Repealing Clause
- Conflicting laws, decrees, orders, and regulations are amended, modified, or repealed accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.