HOUSE OF REPE NIATIVES

RECEIVED
Republie of the Philippines
HOUSE OF REPRESENTATIVES 02 AUS 2016
Quezon City a
SEVENTEENTH CONGRESS
First Regular Session
30" eretgcPATION UNIT
House Bill No, 2307 BILLS AN) Mal SERVICE

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

EXPLANATORY NOTE

Article XII Section 1 of the 1987 Constitution states:

“The goals of the national economy are a more equitable distribution of
opportunities, income and wealth; a sustained increase in the amount of
goods and services produced by the nation for the benefit of the people; and
an expanding productivity as the key to raising the quality for all, especially
the underprivileged.

Consistent with and in pursuance of the aforementioned provision of the Constitution,
this measure, herein otherwise referred to as the Poverty Reduction through Social
Entrepreneurship (PRESENT) Act, seeks to provide the framework for the formulation,
establishment and institutionalization of a program of poverty reduction through the
development of a social enterprise sector with the poor as primary stakeholders. The social
entrepreneurship program will play an essential role in the transformation of the poor and
marginalized into self-reliant sectors through the provision of goods, services, and opportunities
that empower them to participate in economic activities.

The bill seeks to realize the foregoing by giving the poor viable avenues to start social
enterprises and/or improve and expand them through affordable loans, access to funds for
research and development, capacity-building programs, linkage to value chain and market and
insurance for social enterprises in times of calamities and disasters. These investments and
reinforcements will make the poor effective entrepreneurs, suppliers, clients and/or owners of
social enterprises and eventually free themselves from poverty in the process,

It is also a declared policy under this bill for the State to ensure the autonomy and
organizational integrity of social enterprises are preserved to truly enable them to develop into
viable and vital anti-poverty agents and a strong social entrepreneurship movement which shall
be instrumental in reducing poverty in the country.

In view of the foregoing, the passage of this bill is eamestly sought.

TUN


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Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

H CONGRESS

st Regular Session
Oh)

House Bill No. _ 880%

Introduced by Rep. LAWRENCE LEMUEL H. FORTUN

AN ACT.
ORDAINING THE PROMOTION OF SOCIAL ENTERPRISES TO ALLEVIATE
POVERTY, ESTABLISHING FOR THE PURPOSE THE POVERTY REDUCTION
THROUGH SOCIAL ENTERPRENEURSHIP (PRESENT) PROGRAM AND
PROVIDING INCENTIVES NEFITS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER IT
G RAL PROVISIONS
le. - This Act shall be known as the “Pov
ENT) A

Reduction Through

aration of Policy. - ‘The State shall promote a just and dynamic social
prosperity and independence of the nation and free the people from
poverty through policies that provide adequate social services, promote full employment a rising
standard of living and an improved quality of life for all, The State shall provide social justice in
all phases of national development and that the State values the dignity of every human person
and guarantees full respect for human rights.

The goals of the national economy are a more equitable distribution of opportunities,
income, and wealth; a sustained inerease in the amount of goods and services produced by the
nation for the benefit of the people; and an expanding productivity as the key to raising the
quality of life for all, especially the underprivileged. The State shall promote industrialization
and full employment based on sound agricultural development and agrarian reform, through
industries that make full and efficient use of human and natural resources, and which are
competitive in both domestic and foreign markets. However, the State shall protect Filipino
enterprises against unfair foreign competition and trade practices.

The State also recognizes the important role of enterprises in the economy as the major
agent of development, creating off-arm employment opportunities and providing transitional
means for improving the livelihood of the people

‘Towards this end, the State shall pursue a poverty reduction program that promotes an
environment conductive to the development and growth of a vibrant social enterprise sector
engaged in poverty reduction, economic and social development. It shall empower the poor as
primary stakeholders in social enterprises, establish mechanisms essential to realizing their
potential and achieving tier full growth, and extend the assistance necessary for their
advancement, The State shall likewise ensure that the provision for technical and financial
assistance, incentives and other services are free from any condition that might infringe upon the
aulonomy ot organizational integrity of the social enterprises to enable them to develop into



32 viable and vital anti-poverty agents, and a strong social entrepreneurship movement which will

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be instrument in reducing poverty in the country.

SECTION. 3. Definition of terms, ~ As used in this Act

Social Enterprise or SE refers to a wealth-creating organization, whether an association,
Single proprietorship, partnership, corporation, or a cooperative or any other legal form,
whose primary stakeholders are marginalized sectors of society, engaged in providing
societal-well-being, It is established to achieve triple bottom lines such as financial
social and ecological, It generates profit or surplus with due regard to social and
environmental costs, and makes a pro-active contribution to resolving social and
environmental problems,

A social enterprise for purpose of this Act shall mean a Social Enterprise with the Poor as
Primary Stakeholders (SEPPS), A SEPPS cial enterprise that explicitly declares
and pursues poverty reduction/alleviation or improving the quality of life of specific
segments of the poor as principal objective, A SEPPS engages and invests in the poor to
become effective workers, suppliers, clients and/or owners, and/or ensures that a
substantive part of the wealth created by the enterprise is distributed to, or benefits them
In addition to reinvesting its surplus or profits back to the enterprise to sustain the
fulfilment of its social mission, a SEPPS also uses its surplus or profits and mobilize
other resources to assist the poor to become partners in SE or value chain
management/governance and to become partners in community, sectoral and soc
wansformation

as

Absolute poverty refers to the condition of the household below the food threshold level;

Assets refers to all kinds of properties, real or personal, owned by the social enterprise
(SE) as detined in paragraph (dd) of this Section and used for the conduct of its business
Provided, That for the purpose of exemption from taxes and to benefit from other
incentives under this Act, this term shall mean all kinds of properties, real or personal,
owned and/or used by the SE for the conduct of its business:

Basic sectors shall refer to the disadvantaged sectors of Philippine Society namely
farmer-peasant, artisanal fisher folk, workers in the formal sector and migrant workers,
workers in the informal sector, indigenous peoples and cultural communities, women,
persons with disability, senior citizens, victims of calamities and disasters, youth and
student, children, and urban’ poor as defined under Republic Act (R.A.) No. 8425,
otherwise known as the “Social Reform and Poverty Alleviation A

Bottom line shall refers to the objectives or purposes for which a SE is established, Triple
bottom line shall refer to social, ecological and financial objectives;

Capability building refers to the process of enhancing the viability and sustainability of
SEs and pertain to education, training, coaching and other learning events like study
tours; technical, consultancy and advisory services; assistance in organizational systems
development; technology incubation, development and dissemination; value chain and
subsector development; conduct of SE trade fairs and missions; networking and policy
advocacy initiatives and other such activities that enable SEs to be effective and efficient
vehicles for poverty reduction, ‘The term capability building precludes the grant of any
loan or equity funds to the SE and shall in no way refer to the provision of equity
investments, seed funding, partnership's seed funds, equity participation, start-up funds
or any such activity that connotes the infusion of capital or funds from the government ot
from the SE Development Fund created under Section 16 of this Act;

Civil society organizations refer to private voluntary organizations of citizens that are
established to pursue a mission, usually involving the interest of the public, marginalized



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groups of specific sectors of society. They include non-government organizations, socio-
civic groups, foundations and people’s organizations;

Council shall refer to the SE Council;

Cooperative shall refer to an autonomous and duly registered association of persons, with
a common bond of interest, who have voluntarily joined together to achieve their soci
economic, and cultural needs and aspirations by making equitable contributions to the
capital required, patronizing their products and services and accepting a fair share of the
risks and benefits of the undertaking in accordance with universally accepted cooperative
principles as defined in R.A, 6938, as amended by R.A, 9520, otherwise known as the
“Philippine Cooperative Code of 2008

Corporate Social Responsibility or CSR shall refer to the commitment of a private
enterprise or business to contribute on a voluntary basis to a sustainable social and
economic development by working with relevant stakeholders to improve their lives in
ways that are good for business, the social reform agenda, the sustainable development
agenda, and society at large. CSR-related activities shall include, but not be limited to,
the following: 1) Charitable programs and projects; 2) Scientific research; 3) Youth and
sports development; 4) Cultural or educational promotion; 5) Services to veterans and
senior citizens; 6) Social welfare; 7) Environmental sustainability; 8) Health
development; 9) Disaster relief and assistance; Employee and worker welfare related
CSR activities;

Economic subsectors are networks of related actors and enterprises performing various
functions in value chains, These actors and enterprises transform raw materials into
finished products, or develop services, and distribute or provide them through market
channels to final consumers; they may be identified by key raw material source, by
finished product or final service provided, An economic subsector may be comprised of
several competing value chains, By understanding the dynamics of economic subsectors
and using them as units of planning social entrepreneurship interventions, government
agencies, support institutions and SEs shall more effectively reach and benefit a greater
number of poor in poverty reduction programs;

Empowerment strategy shall mean a development strategy that enables the marginalized
sectors to own, manage, and control SEs in order for them to reap maximum benefits
from it and which acts as a channel for directly distributing income;

Fair trade shell refer to a trading partnership based on a dialogue, transparency and
respect and which seeks greater equity in international trade and the transformation and
adaptation of trading structures and practices in favour of the poor and disadvantaged by
offering better trading conditions to, and securing the rights of, marginalized producers
and workers:

Fair trade organizations shall mean enterprises certified by internationally and nationally
recognized Fair Trade networks;

Pair trade principles refers to the values adopted by fair trade organizations in their day-
to-day operation, These include creating opportunities for economically-disadvantaged
producers; transparency and accountability; payment of a fair price; ensuring no child
labor and forced labor; commitment to non-discrimination, gender equity and freedom of
association; ensuring good working conditions; providing capacity building; and, respect
for the environment;

Foundation shall mean the categorization of a non-profit organization that typically either
donates funds and support to other organizations or provides the source of funding for its
own charitable purposes. Unlike a company, foundations have no shareholders though



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they may have a board, an assembly and voting members. A foundation may hold assets
in its own name for the purposes set out in its constitutive documents, and. its
administration, and its administration and operation are carried out in accordance with its
statutes or articles of association rather than fiduciary principles;

GPPB refers to the Government Procurement Policy Board established in accordance
with Article X of R.A, No. 9184, otherwise known as the “Government Procurement
Reform Act;”

Intermediation strategy shall refer to a development strategy that provides financial,
agricultural, business development and institutional development services to the
entrepreneurial poor and employers of the poor and provides as well product
development and marketing support using the principles of fair trade to marginalized
producers. A SE engaged in intermediation strategy need not be owned by the
marginalized stakeholders;

Marginalized Sectors shall refer to groups of people who are stigmatized or marginalized
by virtue of their physical, psychological, economic, social or cultural circumstance;

Micro-enterprise as defined in R.A. No. 6977, as amended by R.A no, 9501, otherwise
known as the “Magna Carta for Small Enterprises,” shall refer to any business activity or
enterprise engaged in industry, agribusiness and /or services, whether single
proprietorship, cooperative, partnership or corporation whose total assets, inclusive of
those arising from loans but exclusive of the land on which the particular business
entity's office, plant and equipment are situated, must have a value of not more than
Three Million Pesos (P3,000,000.00). This amount is subject to review and adjustments
by the Micro, Small, and Medium Enterprises Development (MSMED) Council taking
into account inflation and other economic indicators and may use other variables such as
number of employees, equity capital and assets size;

Microfinance shall refer to the provision of a board range of financial services such as
deposits, loans, payments services, money transfers and insurance products to the poor
and low- income households and their microenterprises and small businesses, to enable
them (o raise their income levels and improve their living standards;

Minimum basic needs shall refer to the needs of a Filipino family pertaining to survival
(food and nutrition; health; water and sanitation), security (shelter; peace and order;
public safety, income and livelihood); and enabling services (basic education and
literacy, participation in community development, family and psycho-social care);

Non-Government Organization or NGO refers to a duly registered non-stock, non-profit
organization focusing on the upliftment of the basic or disadvantaged sectors of society
by providing advocacy, training, community organizing, research, access to resources,
and other similar activities and, as defined under Section 34 (H)(2)(c) of Republic Act
No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997,
organized and operated exclusively for scientific, research, educational, character-
building and youth and sports development, health, social welfare, cultural and charitable
purposes, or a combination thereof, and no part of the net income of which inures to the
benefit of any private individual;

People's Organization or PO refers to a self-help group belonging to the basic sectors
and/or disadvantaged groups composed of members having a common bond of interest
who voluntarily join together to achieve a lawful common social or economic end;

Persons with Disability shall refer to individuals with restriction or different abilities, as a
result of a mental, physical or sensory impairment, to perform an activity in the manner
or within the range considered normal for a human being;


z) Poor shall refer to individuals and families whose income fal! below the poverty
threshold as defined by the National Economic and Development Authority and/or are
deprived of the means to provide in a sustained manner their minimum basic needs of
food , health , education, housing and other essential of amenities, as defined under R.A,
8425

aa) Poverty reduction/alleviation shall mean overcoming the income, resource, and
capability deprivation among the poor as defined in the preceding paragraph and the
marginalized sectors as defined in paragraph (s) hereof;

bb) Privare Enterprise shall refer to an organization engaged in a business activity organized
for the purpose of accumulating profit and whose primary stakeholders and beneficiar

are its owners;

ce) Procuring Entity refers to any branch, department, office, agency, or instrumentality of
the government, including state universities and colleges, government-owned and/or ~
controlled corporations, government financial institutions, and local government units
procuring Goods, Consulting Services and Infrastructure Projects;

dd) Resource mobilization strategy shall refer to a development strategy intended to generate
income from the sale of products and services of a SE in order to finance or subsidize the
operations of its core development program or development interventions among the

marginalized sectors;

ee) SEGFP refers to the SE Guarantee Fund Pool created under this Act,

nuing process of addressing the needs of society,
tion

) Social development refers to the cont
beginning with the people’s minimum basic needs, through a systematic implemen
of socioeconomic programs or packages;

2g) Social Enterprise Service Institution vefers to an organization that provides assistance to
SEs for them to become viable and sustainable and which assistance pertains to supplying
needs such as trainings, education and other capacity-building measures, research,
research and development, and other similar activities;

hh) Social Enterprise Advocacy Group refers to an organization whose primary purpose is
supporting the cause of SEs especially with regard to public policy and articulating issues
or causes related to social entrepreneurship

ii) Social entrepreneur refers to an innovate individual or institution that promotes the
creation and operationalization of enterprises or livelihood endeavors for those in need or
which address social problems and improve societal well-being;

ii) Social entrepreneurship entails innovations designed to explicitly improve societal well-
being, housed within entrepreneurial organizations, which initiate, guide or contribute to
change in society;

kk) Social Inclusion strategy refers to the development strategy that assists groups of people
who are stigmatized or marginalized by virtue of their physical, psychological, economic,
social or cultural circumstance in order to restore their dignity by not only removing the
barriers that limit their access to the delivery of basic social services and employment,
but more importantly, by nurturing work and other environments that create avenues for
their participation as productive members of society;



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1) Social Investors are individuals or institutions that choose to put in money to a business
endeavour or activity not principally for financial profit but to fulfil a social mission
which may include poverty reduction, concer for environmental protection, strong
organizational governance, and a desire for a more economically just world;

mm) —_ Social reform refers to the continuing process of addressing the basic inequities in
society through a systematic, unified and coordinated delivery of socioeconomic
programs or packages;

nn) Social value refers to the additional benefit to the community from the government
Procurement process over and above the direct purchasing of goods, services and
outcomes, including social; economic and environmental benefit

00) Transactional roles refers 10 enterprise-related functions performed by the poor that
involve an exchange of goods or services for money ineluding being workers, suppliers,
clients or owners;

pp) Transformational roles are functions performed by the poor as conscious agents of
change to lift their own selves from poverty and to participate in group efforts to improve
the quality of life of their community, sector or society as a whole:

4q) Transactional services pertain to enterprise or market-driven activities, such as providing
loans, demonstrating new technologies or conducting trainings that are necessary for the
poor in the SE system to effectively and efficiently perform their roles as workers,
suppliers, clients and owners, Transactional services may be fee-based, such as the
granting of loans, or non-fee based, such as the extension of production-related trainings

1) Transformational services pertain to activities that empower the poor, such as leadership
formation and organizational development, asset build-up and providing education and
experiential learning opportunities, to become conscious change agents for themselves,
for their communities, sectors and society as a whole;

8s) Underemployment shall mean an economic position where an employed person’s desi
to have additional hours of work in his/her present job ot to have an additional job, or to
have a new job with longer working hours is not met;

) Unemployment shall mean an economic situation where persons who are 15 years old and
over as of their last birthday and are 1) without work or have no job or busin
available for work and willing to take up work in paid employment or self-employment,
3) seeking work and had taken specific steps to look for a job or establish a business but
failed to; and

uu) Value chain refers 10 value-adding economic activities that an enterprise is interlinked
with in the process of producing goods and/or services to serve its chosen market. A
value chain typically consists of; 1) inbound distribution or logistics; 2) manufacturing
operations; 3) outbound distribution or logistics; 4) marketing and selling; and 5) after-
sales service. These activities are supported by 6) purchasing or procurement; 7) research
and development; 8) human resource development: and 9) organizational development, A
SE that understands and manages its value chain improves its capability to create
economic, environmental and social values towards improving the position and benefits
of the poor in the value chain and towards ensuring the viability and sustainability of the
enterprise.

CHAPTER II
POVERTY REDUCTION THROUGH SOCIAL ENTERPRISES



SECTION 4. Social Enterprise (SE); General Concept and Coverage ~ A SE, for
purposes of this Act, refers to a Social Enterprise with the Poor as Primary Stakeholders as the
term is defined in Sec. 3a of this Act, It may be collectively owned by the poor in the form of
cooperative or associations where the poor are the exclusive owners or comprise a majority of
the members. SEPPS may also include NGOs or other organizations that engage in wealth-
creating activities, the proceeds of which are used exclusively to finance the fulfilment of their
ial mission.

soci

SECTION 5. Eligibility for Benefits and Incentives, ~ To be recognized and eligible for
the benefits and incentives provided for in this Act, the SE shall;

a) provide or facilitate the provision of a combination of transactional and/or
transformational services tom improve the position and benefits derived by the poor from
the SE and the value chain or the economic subsector where the SE is located, including
becoming worker-owners, supplier-owners, supervisor and managers, active n
leaders in governing bodies of the SE or its allied organizations;

nembers and

b) invest a substantive part of its surplus, profits or mobilize other resources to assist the poor
to become partners in SE or value chain management/governance and/or to become
partners in community, sectoral and societal transformation;

©) make a pro-active contribution to resolving social and environmental problems and
generate profit or surplus with due regard to social and environmental cost

d) employ any of the following development strategies in the pursuit of its social mission: 1)
empowerment strategy; 2) social inclusion strategy; 3) intermediation strategy; and,
resource mobilization strategy;

©) be engaged in an economic activity within the sectors of agriculture and fisheries, industry
and services Which, for purposes of this Act, shall refer to an activity in any of the

economic subsectors;

f) ensures that the substantive part of the wealth created by the enterprise is distributed to the
poor in the form of services, dividends and other forms of benefits, and payments and
incentives for products or services rendered consistent with the principles of fair trade;

2) be duly registered with the appropriate agencies as provided under the Corporation Code
or the Cooperative ‘Code of the Philippines, Magna Carta for Micro, Small and Medium
Enterprise, Barangay Micro Business Enterprises Act and other laws.

Financial sustainability shall not be a prerequisite for the availment of incentives and
benefits under this Act Provided that social enterprises that have not achieved financial
sustainability may be eligible to avail of the services, assistance and incentives set forth in this
Act by presenting a workable strategy to achieve financial sustainability over a reasonable period
of time

SECTION 6, Other Eligibility Provisions. In the case of social enterprise organized as
stock corporation, partnerships or sole proprietorships, the following additional requirements
shall apply:

a) A social enterprise, if organized as a sole proprietorship or partnership must be one
hundred percent (100%) owned and capitalized by Filipino citizens. If the enterprise
is a stock corporation, at least sixty percent (60%) of its outstanding capital stocks
must be owned by the Filipino citizens;



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b) A social enterprise must not be organized as a branch, subsidiary or division of a
private business enterprise, regardless of the size of such private business
enterprise, nor may its policies be determined by a private business enterprise.
Provided, that this all not preclude a SE from joining in cooperative or joint-venture
activities with other SEs or foundations practicing CSR.

©) A social enterprise organized as stock corporations, partnerships or sole
proprictorships, must invest at least 60% of its gross revenues to sustain the
fulfilment of its social mission or to provide transformational services for the poor

SECTION 7. Qualifications, - Within ninety (90) days from the effectivity of this Act
the Social Enterprise Development Council shall formulate the implementing rules and
regulations for the application and accreditation of enterprise to qualify as SE under this Act,
following the principles of self-regulation, transparency and responsibility

SECTION 8. Formulation of Poverty Reduction through Social Entrepreneurship
(PRESENT) Program ~ To promote the development of a SE sector with the poor with primary
stakeholders, a comprehensive and fully-integrated Poverty Reduction through Social
Entrepreneurship (PRESENT) Program, shall be formulated, guided by the following principles:

4) Incorporation of the PRESENT Program in the government's poverty reduction drive as a
major sustainable and comprehensive strategy;

b) Rationalization of the poverty reduction programs by streamlining and coordinating the
various anti-poverty programs of the government to reduce inefficiency and duplication
and to improve the effectiveness of each program;

¢) People’s participation and empowerment by mobilizing civil society organizations and
social movement groups working with the poor:

d) Promoting sustainable programs that reduce inequality in incomes across economic s
and increase self-reliance among the poor,

¢) Enabling SEs to overcome constraints and to take advantage of opportunities for enhancing
the position and benefits of the poor in economic subsectors and value chains;

h Gi

er-sensitivity by ensuring women’s equal rights and access to SEs resources; and,

2) Development of sus
services to the poor

nable mechanism for the provision of quality and accessible social

The planning framework of the PRESENT Program and its planning process shall ensure
that the poor are engaged as primary stakeholders. It shall add value and complement ecosystem
based, area-based, community-based and other tools and processes in local economic
development by promoting and utilizing the economic subsector as a strategic unit of analysis
and planning SE development interventions

The PRESENT Program shall identify and develop key SEs and resource institutions as
partners in strategic economic subsectors that have the potential for growth and where large
numbers of the poor are concentrated, SEs shall be developed as vehicles to ensure that the poor
benefit the most from sustainable subsector development.

PRESENT medium-term and annual development plans shall be formulated in synchrony
with the medium-term development plan of the national government

SECTION 9. Social Enterprise Development Council. - To carry out the policy
declared under this Act, a Social Enterprise Development Council (SEDC), hereinafter referred


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to as the Council is hereby created as an agency attached to the Department of Trade and
Industry (DTI). It shall be the primary agency task to carry out the promotion, groeth and
development of social enterprises in the country,

‘The Council shall be composed of the following:
a) Secretary of Trade and Industry, as co-chairperson;
b) SE sector head representative, as co-chairperson;
©) Secretary of Agriculture, as co-vice chairperson;
d) Lead Convenor of the National Anti-Poverty Council (NAPC), as co-vice
chairperson;
e) Secretary of Social Welfare and Development,
f) Director-General of the National Economic Development Authority (NEDA);
g) Secretary of Finance;
h) Secretary of the Interior and Local Government;
i) Secretary of Labor and Employment;
j) Secretary of Science and Technology;
k) Secretary of Education;
1) Secretary of Agrarian Reform;
m) Secretary of Health;
n) Secretary of Environment and Natural Resources;
©) Chairperson of the Cooperative Development Authority (CDA);
p) Nine (9) representatives from SEs, three (3) representatives each from the main
island grouping of Luzon, Visayas, and Mindanao;
4) Three (3) representatives from SE service institutions, and
1) Three (3) representatives from SE advocacy groups, as members

Cabinet-ranked ex officio members of the Council shall designate a permanent
representative in case they fail to attend its meetings, The designated permanent representative of
any of the Cabinet-ranked members of the Council must hold a position not lower than bureau
director

entatives of the SEs from the main island groupings of
dvocacy groups shall be

sector head, the repr
as, and Mindanao, the SE service institutions, and the SE a

anizations to serve in the Couneil for a term of three (3) years. These representatives must be
conversant in the theory and practice of SE and commited to the policies and programs provided
under this Act.

The Chairperson and members of the Council shall be entitled to a reasonable per diem
for each meeting actually attended at such amount as may be fixed by the Council in accordance
with existing laws, rules and regulations.

The Council shall, from time to time, call upon the participation of any government
agency to attend in is meeting to assists in clarifying issues and finding resolution to problems
that concern their respective offices with respect to the implementation of the PRESENT
Program enunciated under this Act or any development program of SEs.

The Council may create an Executive Committee of seven (7) members elected by its
members ftom among themselves or their designated permanent representatives, with at least

three (3) members representing the SEs, and with the Council

SECTION 10. Powers and Functions. - The Council shall have the following powers and
functions:

a) Formulate policies, plans, programs and projects to develop and promote SEs as a tool for
poverty reduction consistent with national development objectives;


b) Oversee the si

-essful implementation of the PRESENT Program and other SE programs;

nts for

¢) Identify and access sources of financing for the SE sector in the form of g
enterprise incubation and start-up and loans for expansion:

d) Monitor and evaluate the performance of programs and projects for appropriate incentives;

©) Call upon any government agency to carry out and implement programs and projects
identified by the Council;

£) Calls upon people’s organizations, non-government organizations, the academe and other
sectors to provide advice pertaining to SEs and conduct of transactional and
transformational services to farmers, producers, workers, consumers and other
stakeholders;

g) Submit annual and other periodic reports to the President and the Congress of the
Philippines through the Congressional Oversight Committee;

h) Promulgate such rules and regulates and exercise such other powers and functions as may
be necessary to carry out the purposes of this Act; and

i) Perform such other functions as may be necessary for its effective operations and the
continued enhancement, growth and development of the SE sector.

SECTION 1. Secretariat, ~ There is hereby created a Secretariat headed by an Executive
Director to serve as the national technical and administrative secretariat of the Council with the
member agencies providing additional support staff when the need arises. The Secretariat shall
perform the following functions:

2) Provide administrative support to the Council, with the assistance of the National
Economie and Development Authority secretariat in the formulation of the PRESENT
development programs and plans;

b) Assist the Council in the implementation of the PRESENT development program and the
annual and medium-term development plan;

¢) Assist the Council in the acereditation of SEs;

d) Assist the Council in monitoring the PRESENT development programs and the activities
of the various concerned government agencies with respect to SEs;

¢) Assist the Council in facilitating funding mechanisms and promoting support programs for
SEs,

f) Prepare, collate and integrate all necessary inputs to the Council's yearly report on the
status of SEs in the country;

2) Submit periodic reports to the Council on the progress and accomplishment of its work
programs; and

h) Perform other functions that may be assign

| and authorized by the Council

SECTION 12. Office. ~ The Council shall have its principal place of business in M
Manila and may establish such branches within the Philippines as may be deemed necessary by
the President of the Philippines to carry out the powers and functions of the Council

SECTION 13. National Center for Social Enterprise Development, ~ There shall be
established a National Center for Social Enterprise Development (NCSED) under the Council
which shall perform the following functions:

a) Provides SEs with capability-train
Capability Building

ing and education through the Social Enterpris

nd Sustainability Program created under Section 16 of this Act:

b) Develop and enhance a research and development system which shall equip every SE
with innovative and sustainable approaches that ensures improvement in the access to
basic social services by the poor pursuant to Section 18 of this Act; and



¢) Manage a Social Enterprise Marketing Assistance Program (SMAP) that will ensure the
generation of the highest possible income for the SEs pursuant to Section of this Act.

The NCSED shall be headed by the Executive Director of the Council Secretariat. It shall
maintain a multi-sectoral, multi-disciplinary pool of experts including those from the academe:
practicing professional, business and industry, youth, women and other concerned sectors, who
shall be screened according to the qualifications set by the Council

The NCSED shall coordinate with the University of the Philippines Institute for Small Scale
Industries (UP ISSI), the Technical Education and Skills Development Authority (TESDA), the
Department of Transportation and Communications (DOTC), civil society organizations other
relevant agencies, state universities and colleges in implementing its programs

SECTION. 14. Personnel. ~ Subject to the civil service laws, rules and regulations, the
Council is authorized to select, appoint, employ and fix the compensation of the officers and
employees of the Secretariat and the NCSED as shall be necessary to carry out its functions.

SECTION 15. Role of LGUs in SE Development ~ Pursuant to the relevant provisions
of R.A, No. 7160, otherwise known as the Local Government Code, the LGUs shall be primarily
responsible for the development of SEs and the implementation and enforcement with the end in
view of reducing poverty therein.

The LGUs are hereby mandated to include in their respective local development plans

certain policies and programs geared toward the development of SEs in their jurisdiction.

LGUs with viable SE development plan as incorporated in their respective local
development plans are entitled to avail of the SE Development Fund created under the
immediately succeeding section for the purpose of initiating and facilitating the development and
sustainability of SEs in their own jurisdiction: Provided, That no LGU shall establish and operate
its own SE

CHAPTER HL
DEVELOPMENT OF SOCIAL ENTERPRISES

SECTION 16. Social Entrepreneurship Education in Schools ~ Toward strategically
developing the nation’s human resource capability in social entrepreneurship, the DepEd and the
CHED shall cause the integration of SE content and inclusion of SE courses in the curricula at all
levels, especially in the secondary and tertiary levels. This shall be part of the SE Capability
Building and Sustainability Program stated in Sec. 17 of this Act
‘A continuing social entrepreneurship education program for out-of-school youth and
en

ilts shall likewise be developed and underta

The social entrepreneurship education program for primary and secondary education shall
include information regarding:
a) social issues and civic ways of addressing then
b)_ the producer as a steward of natural resources;
c) The consumer as a responsible member of society and his/her responsibility to develop
critical awareness which is the responsibility to be alert and questioning about the environmental
and social impacts of the goods and services he/she uses:
1, social concern which is the responsibility to be aware of the impact of his
consumption to society, especially the disadvantaged; and
2. environmental awareness which is the responsibility 10 understand the
environmental consequences of his use of natural resources, consumpti
recognizing his individual and social responsibility to conserve natural resour
future generations.

for



All higher learning institutions and vocational schools are mandated to include a subject
on social entrepreneurship in their social studies program or their business, commerce, ot
economics courses.

SECTION 17. SE Capability Building and Sustainability Program; Creation of SE
Development Fund ~ There is hereby established a SE Capability Building and Sustainability
Program whose primary objective is to guarantee the viability and sustainability of SE through
ctivities that advance, in general, both transformational services and transactional services, The
NCSED will work with qualified SE intermediaries who will develop the Program and be
responsible for designing and delivering training in social entrepreneurship development,
institutional strengthening, human resource competency and skills training, business planning
and advisory services, upgrading of accounting and auditing systems, technical assistance for the
installation or improvement of management informations systems, technology intervention,
technology incubation/commercialization, market studies, and product development
competitiveness, business matching activities, trade fairs and missions, policy advocacy,
disaster-resiliency and other related activities.

bility Building and Sustainability Program shall likewise include the
establishment of an insurance system for SEs affected by natural calamities in line with the
National Framework Strategy on Climate Change 2010-2022 as provided for under RA 9729 or
the Climate Change Act of 2009 and RA 10121 or the Philippine Disaster Risk Reduction and
Management Act of 2010.

For this purpose, there is hereby created and established a SE Development Fund (SEDP)
in the amount of Three Billion Pesos (P3,000,000,000.00) to be administered by the Council with
an endowment from the earnings of the Philippine Amusement and Gaming Corporation
(PAGCOR), in addition to appropriations by Congress, voluntary contributions, grants, gifts
from local and foreign sources as may be accepted by the Council.

Only the funds of the SEDF shall be used for the purposes provided herein. Any
undisbursed funds for the preceding year shall form part of the disbursable portion of the SEDE
in the following year

si
coordination with the NEDA, DOST, DTI, and other appropriate agencies, rese
and intermediaries, shall develop and enhance a research and development system that

“TION 18. Social Enterprise Research and Development System ~ The Council, in
rch institutions,

a) Provides studies on opportunities for poverty reduction and SE development in key
economic subsectors and other inputs for the Council to undertake strategic planning for
its PRESENT Program:

b) Equip S|

enhanci

and support institutions with services and technologies that are appropriate for
the participation and benefits of the poor in various economic subsectors; and

©) Equip SEs and support institutions with innovative and sustainable approaches to improve
access of the poor to quality basic social services

SECTION 19. Social Enterprise Marketing Infrastructure Development — ‘The
Council shall promote the development and expansion of local and foreign markets for the
products and services of SEs, guided by the principles of fair trade, Consistent with this, the
Council shall

a) Establish a SE Marketing Assistance Program (SMAP) that will assist SEs match
supply with demand in both domestic and foreign markets, as well as promote SE
products and services through tri-media, trade fairs and trade mi:



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b) Develop, install and sustain a SE market information system with the assistance of the
DTI and DOTC which shall be called the SE Marketing Information Network (SMIN).

The SMIN shall be set up from the level of the municipal and provincial LGUs, the
regional and up to the Council level within one (1) year from the approval of this Act, taking into
account existing information networks such as the internet and using a dedicated website for the
purpose, to ensure linkage of the SEs with the government and its various departments, agencies,
bureaus and instrumentalities, the local and domestic markets, as well as research institutions,
The Council shall provide technical assistance in setting up the SMIN at the local and regional
levels

All government departments, agencies, bureaus research institutions, as well as the LGUs
shal] consolidate and continuously update all relevant information and data that would be of use
to SEs on a periodic basis and make such data available in a dedicated website on the internet

The SMIN shall provide information and marketing services related to products of SEs
which shall include the following:

a) Supply data;

b) Demand data;

c) Price and Price trends;

d) Product standards;

e) Directory of, but not limited to SEs, traders, key market centers, processors and

business institutions both at the national and local levels;

f) Information and technology generated from research institutions;
g) International, regional and local market forecas
h) Resource accounting data.

CHAPTER IV
INCENTIVES AND BENEFITS

SECTION 20, Special Credit Windows. ~ In addition to the special credit windows
provided for the promotion of microfinance as provided under Section 16 RA 8425, the Land
Bank of the Philippines, Development Bank of the Philippines, Philippine Postal Bank, and Al
Amanah Bank, are hereby mandated to set aside at least eight percent (8%) of their total loan
portfolio based on their balance sheet in the end of the preceding quarter, and open a special
credit window for SEs.

For a period of ten (10) years from the date of the effectivity of this Act, all other lending,
institutions as defined under the Central Bank Act or the General Banking Act, as amended,
whether public or private, shall likewise set aside at least eight percent (8%) of their total loan
portfolio based on their balance sheet as of the end of the previous quarter and make the same
available for SEs through a special credit window, The BSP, in consultation with the Council,
shall formulate the rules for the effective implementation of this provision, Provided, that the
purchase of governments notes, securities and other negotiable instruments shall not be deemed
compliance with the foregoing provision.

‘The Council shall establish a system to monitor all loan applications of SEs in order to
account for the absorptive capacity of the SE sector, The BSP shall require lending institutions
covered by this Act to furnish the Council on a quarterly basis a regular report on their respective
compliance with the above provisions on the mandatory credit allocations for SEs and shall act
immediately on the Council’s reports of non-compliance therewith

The special credit windows for SEs shall bear interest lower than the market rate and shall
have longer terms of payment and waiver of applicable fees.

SECTION 21. Special Credit Window Purposes, — The special credit window provided
under Section 20 of this Act shall be intended for the following purposes:


2) Organizational developmental loan or capacity-building loan for the conduct of social
preparation activities or the conduct of capability-building and training ot professional

development of the board, management and staff of the SE for social entrepreneurship

such as business planning and advisory servic
market studies, and product development;

, technology intervention, incubation,

b) Credit line for business development loan or working capital loan to cover the operational
and management expenses of an existing business or income generating project,
including receivable financing or purchase of additional inventory, soft or intangible
investments such as trade fair participation or acquisition of software or franchise
development packages

c) Fixed assets financing to cover acquisition of fixed assets like machineries and
equipment, motor vehicle, or acquisition of lot for project site or construction of & plant
and building and the improvement thereof;

d) Value chain financing to cover any of the value chain activities such as production,
processing and marketing,

¢) Domestic letter of credit or trust receipt to provide a stand-by credit facility for the SE
borrower for the purchase of product inputs, equipment, machinery, implements, and
spare parts, whereby payment of which is guaranteed and to be made to the seller by the
lending institution, provided all documents conform with the terms and conditions of the
credit; and

f) Revolving Credit Line for re-lending 10 finance the livelihood project requirements of
end-borrowers

SECTION 22. Eligibility for Agriculture and Fisheries Credit. ~ At least ten percent
(10%) of the funds created under Section 6 RA 10000, otherwise known as “The Agri-Agra
reform Credit Act of 2009,” mandated to be set aside by all banking institutions, whether
government or private, for agriculture and fisheries credit, shall be made available for SEs
engaged in agriculture and fisheries activities,

SECTION 23. Social Enterprise Guarantee Fund Pool with Non-Collateral Loans.
There is hereby created a Social Enterprise Guarantee Fund Pool (SEGFP) which shall be
comprised of the five percent (5%) of the preceding year budget surplus of the government-
owned and controlled corporations and government financial institutions including the
PAGCOR, the Philippine Charity Sweepstakes Office (PSCO), the Social Security System
(SSS), the Government Service Insurance System (GSIS), the National Power Corporation and
the Philippine National Oil company (PNOC), as contribution to the SEGFP in accordance with
relevant laws, charters and by-laws, in addition to voluntary contributions, grants and gifts
both local and foreign sources as may be accepted by the Council

‘The SEGEP shall be administered by the Council and shall be used to mitigate the risk
involved in SE sector lending, facilitating the provisions of credit therefor. The fund shall be
placed in trust with the Land Bank of the Philippines for the purpose of providing guarantee
cover to participating financial institutions and other parties in extending financing to SEs:
Provided, that the fund may also be used to cover the performance bond of SEs in government
procurement.

The Council, in coordination with the Land Bank of the Philippines, shal] draw up to the
mechanics and administrative arrangements and issues the implementing guidelines for the fund
pool


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utilized and accessed by the NSCED or aceredited SE for the following purposes

SECTION 24. Utilization of People’s Development Trust Fund ~The earnings of the
Development Trust Fund (PDTF) declared under Section 1] of RA 8425 may be

a) Consultancy and training services for SEs and their beneficiaries on the establishment of
the necessary support services such as financial preparations, fund sourcing, operation of
credit and savings entities, monitoring and evaluation including training on marketing,
financial, human resource, operational and strategic management;

taff and offices, and selected beneficiar

b) Scholarships or training grants for $

©) Community organizing for §

d) Enterprise start-up and incubation grants for news SEs;

€) SE development and capability building programs, feasibility studies and researches:

f) Legal and other management support services for SEs such as registration or
accreditation, documentation, contract review and enforcement, audit and operational
assessment;

&) Information dissemination of SE technology and management; and

h) Other activities to support SEs as approved by the designated agency administering the

PDTF,

SECTION 25. Tax Exemptions. - An accredited SE shall have the following tax

exemptions:

a) The SE with a net income of not more than fifteen million pesos

(P15,000,000,000.00) shall be exempt from all national, city, provincial, municipal
's of whatever name and nature: Provided, that such net income
and other activities of the SE as

or barangay tax
shall be allocated for transformational serv
provided under Section 5 of this A

b) Documentary stamp tax;

©) Capital gain tax on sales or exchanges of real property classified as capital assets or
shares of stock; and

d) For five (5) years afler the effectivity of this Act, all SEs duly accredited by the
Council, in consultation with the Department of Finance (DOF) and the Board of
Investments (BOI) of the DTI, shall be exempted from the payment of tariff and
duties for the importation of all types of product inputs, equipment, machinery,
implements, and spare parts: Provided, that these inputs, equipment, machinery,
implements, and spare parts shall be for the exclusive use of the importing SEs and
can be shown to be directly related to further improve the value chain operations of
the SE:

The Council shall, in consultation with the DOF and the BOI, within ninety (90) days

from the effectivity of this Act, formulate the implementing rules and regulations governing the
importation of the inputs, equipment, machinery, and implements for use by the SEs.

For income tax purposes, a reinvestment made by a SE for the expansion of its

socioeconomic projects within the area of its operation shall be tax deductible from the gross
income


SECTION 26. Procuring for Social Value. ~ Social value shall be included in the
eligibility specifications for the procurement of goods and services by government in all its
branches, departments, agencies, subdivisions, and instrumemtalities, including government-
owned and controlled corporations and local government units.

Registered small enterprises under RA 6977 that qualify as SE under this Act shall,
consistent with Section 4 of RA 9501, be entitled to a share of at least ten percent (10%) of total
procurement value of goods and services supplied to the government, its bureaus, offices and
agencies annually

ECTION 27, Incentives for Social investors, ~ Social investors and other institutions
that contribute money or other forms of donation in the promotion and development of SEs shall
be entitled to the following tax incentives:

a) Equity investments and donations to an accredited SE shall be fully deductible from
the gross income of the investor or donor subject to the conditions of Section 34
paragraph (e)of RA 8424 otherwise known as the “National Internal Revenue Code of
1997” as amended.

b) Donations to an accredited SE shall be exempted from donor's tax subject to the
qualifications of Section 101 of RA 8424, as amended.

For the purpose of availing of the tax incentives under this Section, the accreditation of the
recipient SE by the Council shall be a sufficient evidence for qualification as a social investor
under this Act

CHAPTER V
APPROPRIATION AND OTHER PROVISIONS

SECTION 28. Appropriations. ~ To carry out the provisions of this Act, the following,
amounts are appropriated as follows;

a) The sum of One hundred million pesos (P100, 000,000.00) is hereby appropriated as the
initial operating fund which sum shall be sourced from the President's Contingent Fund
and voluntary contributions, grants and gifts from both local and foreign sources as may
be accepted by the Council. In the subsequent years, the Council shall have a separate
annual appropriation under the DTI which shall be included in the annual General
Appropriations Act starting in the fiscal year immediately following the approval of this
Act;

b) The aggregate sum of Three billion pesos (P3,000,000,000.00) for ten (10) years is
hereby appropriated for the establishment of the SEDF from the share of the national
government in the earnings of the PAGCOR and from voluntary contributions, grants and
gifts from both local and foreign sources as may be accepted by the Council, in the
following manner in the year, One hundred million pesos (P100,000,000.00); on the
second year, One hundred fifty million pesos (P150,000,000.00); on the third year, Two
hundred million pesos (P200,000,000.00); on the fourth year, two hundred fifty million
pesos (P250,000,000.00); on the fifth year, three hundred million _ pesos
(P300,000,000,00); and every year thereafter until the tenth year, five hundred million
pesos (P500,000,000,00) annually

SECTION 29, Penalty Clause. - The penalty of imprisonment for not less than six (6)
months but not more than two (2) years or a fine of not less than twenty-five thousand pesos
(P25,000.00) but not more than fifly thousand pesos (PS0,000.00), or both imprisonment and
fine, at the discretion of the court, shall be imposed upon any person, corporation, government
entity or agency who, intentionally or by gross negligence, fails to provide the benefits, rights
and incentives granted to SEs in violation of this Act, or perform any act in violation of its
provisions



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If the violation is committed by the SE or a government agency, the members, officers,
directors or trustees thereof who are directly involved shall be held liable therefor,

If the violation is committed by the employees and agents who acted in gross violation of
the provisions of this Act, the officers, directors, or trustees, or incorporators of the SE shall be
jointly and severally liable with the offending employees, agents, and the enterprise.

If the offender is a public official or employee, the offender shall, upon conviction, suffer
the accessory penalty of absolute disqualification,

SECTION 30, Non-Compliance with the Mandatory Allocation of Credit Resources
Administrative sanctions including a fine of not less than Five hundred thousand pesos
(P500,000,00) shall be imposed by the Bangko Sentral ng Pilipinas upon any banking or lending
institution who falls to provide the credit allocations granted to SE in violation of Section 19 of
this Act

SECTION 31, Non-Impairment Clause, — Nothing in this Act shall be construed to
diminish, impair, or repeal the rights granted to marginalized sectors under existing laws.

ECTION 32, Information at The Philippine Information Agency (PLA)
shall, in coordination with the Council, the DTI, DA, and the DILG, ensure the proper and
ts of this Act to the general public

adequate information dissemination of the contents and benef
especially to its intended beneficiaries.

Within sixty days (60) after its eff
to every department, agency, subdivision, and instrumentality of the government, including

government-owned and controlled corporations, regional and provincial offices, and local

tivity, the Council shall distribute copies of this Act

governments.

All duly accredited SEs shall be given one (1) copy of this Act at cost. Thereafter, every
newly accredited SE shall be issued a copy of this Act together with the rules and regulations
promulgated pursuant to this Act

SECTION 33. PRESENT Program in Government, ~ All agencies of the government
implementing a poverty alleviation program shall, in coordination with the Council and within a
period of five (5) years but in no case longer than ten (10) years from the approval of this Act,
ENT Program in their respective poverty alleviation programs as a tool for

incorporate the PRE!
poverty reduction,

The Council shall, in coordination with the various government agencies with poverty
alleviation, programs, prepare the appropriate beneficiaries thereof and organize them into full
fledged SEs under the contemplation of this Act.

Within a period of five (5) years, the Council shall facilitate the development and
dissemination of tools, and invest in the development of the capability of SEs to plan, monitor
ancial performance and outcomes. The Council shall evolve

and evaluate their social and fi
socially acceptable benchmarks for evaluating the performance of SEs and incorporate them to

effectively develop and regulate the sector

SECTION 34. Applicability of Other Laws. - The Labor Code and all other labor laws,
the Social Security Act, the Medical Care Act, other social legislations, and all other laws and
executive orders that govern the relationship between the employer and the employee shall apply
to SE and its employees and that all employees covered under this Act shall be entitled to the
same benefits given to any regular employee such as social security and healthcare benefits.



SECTION 35. Interpretation and Construction. ~ In case of doubt in the meaning of
any provision of this Act or in the rules and regulations promulgated pursuant to this Act, it shall
be resolved in favour of SEs and their stakeholders.

SECTION 36, Congressional Oversight Committee. - There is hereby created s
Congressional Oversight Committee on Social Enterprises composed of the Chairman of the
Senate Committee on Economic Affairs, Trade and Commerce and the Chairman of the House
Committee on Trade and Industry, four (4) members of the Senate and four (4) members of the
House of Representatives. The members from the Senate shall be appointed by the Senate
President from among the members of the Senate Committee on Economic Affairs, Trade and
Commerce based on the proportional representation of the parties or coalition therein, the
members from the House of Representatives shall be appointed by the Speaker from among the
members of the House Committee on Trade and Industry based on the proportional
representation of the parties or coalitions therein

The Over

Committee, upon review and approval of the Implementing Rules and
Regulations of this Act shall become functus officio and thereafter cease to exist: Provide,
however, that the Council shall submit to the Committee on Economic Affairs, Trade and
Commerce of the Senate and the Committee on Trade and Industry of the House of
Representatives an annual report on the implementation of this Act.

The appropriation for the oversight committee shall be changed to the budget of both
Houses of Congress in the annual General Appropriations Act

SECTION 37. Social Enterprise Week, ~ In order to institute continuing awareness on
the importance of SEs as a viable government strategy in pursuing poverty alleviation, the week
of the month when this Act shall been signed into law shall be declared as the “Social Enterprise
Week” and shall be celebrated annually, The Council shall, through the NCSED, be responsible
in organizing activities for the event

CHAPTER V
FINAL PROVISIONS

SECTION 38, Implementing Rules and Regulations, ~ Within ninety (90) days from
the effectivity of this Act, the Secretary of Trade and Industry shall, in consultation and
coordination with the concerned government agencies and sector, promulgate the necessary rules
and regulations for the effective implementation of this Act.

SECTION 39. Repealing. e, All laws, issuances, rules and regulations
‘stent with any provision of this Act shall be deemed amended, modified, or repealed
aevordingly

incon:

SECTION 40, Separability Clause. = If, for any reason, a provision or part hereof s
declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full
force and effect.

SECTION 41. Effectivity — This Act shall take effect fifteen (15) days after its
publication in any newspaper of general circulation.

Approved,