Law Summary
Declared State Policy
- Recognizes the role of women in nation building.
- Ensures fundamental equality of men and women before the law as stated in the Constitution.
Definitions
- Micro and Cottage Enterprise: Businesses with total assets up to P150,000 (Micro) or between P150,000 and P1,500,000 (Cottage), excluding land.
- Loan Fund: 5% of loan portfolios of government financing institutions dedicated to women entrepreneurs.
- Prime Rate: Interest rate imposed by government financial institutions to preferred clients.
- Government Financial Institutions (GFIs): Includes Philippine National Bank, Land Bank of the Philippines, Development Bank of the Philippines.
- Non-Governmental Organizations (NGOs): Non-profit entities supporting socio-economic community development projects.
- Primary Organizations: Groups of at least four microenterprise operators working together for common business or resource goals.
Responsible Agencies and Mandates
- Department of Trade and Industry (DTI) through its Bureau of Small and Medium Business Development (BSMBD): Develops and implements MCSME programs.
- Regional and Provincial Offices: Implement DTI policies regionally and provincially.
- GFIs (Land Bank, DBP, PNB): Provide financing suited to agriculture, industry, and SME development.
- Bangko Sentral ng Pilipinas (BSP): Sets monetary, banking, and credit policies.
- Technical Education and Skills Development Authority (TESDA): Offers skills training and development.
Coverage
- Filipino women citizens, at least 18 years old, regardless of civil status.
- Priority for unemployed, distressed or low-income women below the poverty line.
Loan Guidelines
- Loan Purpose: Purchase of equipment, tools, or materials for business activities.
- Eligible Borrowers: Women entrepreneurs or NGOs/Primary Organizations on-lending to women.
- NGOs must meet requirements including one year of successful lending, registration, management, capital counterpart, and good collection rates.
- Women entrepreneurs classified as existing (over 1 year, business assets up to P50,000) or potential (less than 1 year or new, max capitalization P25,000, trained).
- Loan Amount: Maximum of P2,000,000 for NGOs; P50,000 for existing women entrepreneurs; P25,000 for beginners.
- Interest Rate: Lower of Prime rate or 12% per annum.
- Collateral: Chattel mortgage for equipment; joint and several signatures for NGOs.
Training Requirements
- Training by TESDA and other accredited agencies is mandatory.
- Certificate of training required for loan application.
Loan Processing
- GFIs follow standard procedures.
- Required documents include government registration or training certificate and a business plan.
- NGOs validate borrower applications and evaluate worthiness.
Loan Terms
- Maximum loan maturity of three years including six months grace period.
- Repayments may be monthly, quarterly, or semi-annual.
- Renewals treated as new applications; only borrowers compliant with payments are eligible.
Defaults and Penalties
- Six or more missed installments or arrears exceeding 20% lead to loan restructuring or acceleration.
- Three written demands required before legal action.
- Penalty fees of 12% per annum on overdue balances.
- Foreclosure applies for failed projects.
Death of Borrower
- Co-makers liable for outstanding loan balance or foreclosure of equipment mortgage.
Prohibitions
- Prohibited acts include selling, mortgaging or encumbering loan-financed equipment before full payment.
- GFIs cannot unjustifiably refuse or delay loans.
Roles and Responsibilities
- BSMBD formulates rules, accredits training institutions, coordinates program implementation, and promotes the program.
- Regional/Provincial offices disseminate information, coordinate monitoring, and submit reports.
- GFIs allocate funds, evaluate loan applications, and process loans promptly.
- BSP audits GFIs.
- TESDA provides training and issues certificates.
Monitoring and Evaluation
- GFIs submit loan disbursement and repayment reports to BSMBD.
- BSP audits to ensure compliance.
- Performance measured by job creation, fund utilization, repayment rates, and overall program impact.
Review and Amendment
- The IRR may be amended by DTI in consultation with GFIs and relevant agencies.
Effectivity
- The IRR takes effect 15 days after publication in a newspaper of general circulation.