Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS

Second Regular Session

5251

House Bill No.

Introduced by Hon, Delphine Gan Lee

—

EXPLANATORY NOTE
The Constitution, Article II, Section 14 recognizes the role of women in nation
building. This mandate requires the State to give women opportunities that will enhance their
welfare and realize their full potential in the service of the nation,
The active participation and involvement of women in the field of trade and business
must be enhanced especially at this time when the country is experiencing economic setbacks.
‘Thus, this bill seeks to empower women in the business enterprise by developing a national

program and creating an interagency committee on women’s business enterprise.



rarer

Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SIXTEENTH CONGRESS
Second Regular Session

House Bill No, __ 5251.

Introduced by Hon, Delphine Gan Lee

AN ACT
CREATING A NATIONAL WOMEN’S BUSINESS ENTERPRISE POLICY AND
PRESCRIBING ARRANGEMENTS FOR DEVELOPING, COORDINATING AND
IMPLEMENTING A NATIONAL PROGRAM FOR WOMEN’S ENTERPRISE,

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

SECTION 1. Short Title. — This Act may be cited as “Women’s Business Enterprise

Act of 2014."

SECTION 2. Declaration of Policy. — \t is hereby declared to be the policy of the
state to advance the interest of Pilipino women by providing avenues to enhance their
entrepreneurial skills and to facilitate, preserve and strengthen women’s business enterprise

and to ensure full participation by women in the free enterprise system.

SECTION 3. Definition of Terms. — For purposes of this Act, the term:

(A) “Women-owned business” means a business that is at least fifty one percent (51%)
‘owned by a woman or women who also control and operate it;

(B) “Control” means exercising the power to make policy decisions;

(C) “Operate” means being actively involved in the day-to-day management; and

(D) “Women’s business enterprise” means any women-owned business or businesses


20

21

22

24

or the efforts of a woman or women to establish, maintain or develop such a business or

businesses.

SECTION 4. Interagency Committee on Women’s Business Enterprise. — There is
hereby established an Interagency Committee on Women’s Business Enterprise.

(A) Committee Chairperson. ~ The Chairperson of the Committee shall be appointed

by the President of the Philippines. The Chairperson shall be the presiding officer of the
Committee and shall have such duties as prescribed in this Act or by the Committee in its
rules of procedure. The Chairperson may also represent his or her department, agency or
office on the committee.

(B) Committee Membership. — The Committee shall be composed of the Chairperson
and other members appointed by the heads of departments and agencies from among high
level policymaking officials. In making these appointments, the recommendations of the
Chairperson shall be taken into consideration. The following departments and agencies and

such other departments and agencies as the Chairperson shall select shall be members of the

committee: the Departments of Agriculture; Trade and Industry; Defense; Energy; Heal

Interior and Local Government; Justice; and Labor and Employment. These members shall
have a vote. Non-voting members shall include the Executive Director of the Committee and
at least one but no more than three representatives from the Office of the President appointed
by the President.

(C) Committee Meetings. ~ The Committee shall meet at least quarterly at the call of
the Chairperson, and at such other times as may be determined to be useful according to the

rules of procedure adopted by the Committee.

SECTION 5. Functions of the Committee. — The Committee shall in a manner

consistent with law:


v

10
W

12

14
15
16
7

18

20
at
2
23
24
25

(A) Promote, coordinate and monitor the plans, programs and operations of the
departments and agencies of the Executive Branch which may contribute to the establishment,
preservation and strengthening of women’s business enterprise with the cooperation of the

departments and agencies.

(B) Establish such pol ions, procedures and guidelines to govern the
implementation, interpretation and applications of this Act, and generally perform such
functions and take such steps as the Committee may deem to be necessary or appropriate to
achieve the purposes and carry out the provision hereof.

(C) Promote the mobilization of activities and resources of the State and local
governments, business and trade and associations, private industry, colleges and universities,
foundations, professional organizations and volunteer and other groups toward the growth of
‘women’s business and enterprise, and facilitate the coordination of the efforts of these groups
with those of the departments and agencies.

(D) Make an annual assessment of the progress made in the government toward
assisting women’s business enterprise to enter the mainstream of business ownership and to
provide recommendations for further actions to the President.

(E) Convene and consult as necessary with persons inside and outside the government
and private sector investigations and studies of the problems of women entrepreneurs, and
promote further research into such problems.

(F) Consider the findings and recommendations of government and private sector
investigations and studies of the problem of women entrepreneurs, and promote further
research into such problems.

(G) Design a comprehensive and innovative plan for a joint government and private
sector effort to develop increased numbers of new women-owned businesses. The plan

should set specific, reasonable and identifiable costs, and should provide for the measurement

we


15

16

7

18

19

20

21

22

24

25

of progress towards these targets at the end of two (2) to five (5) years. Related outcomes

such as income and tax revenues generated, jobs created, new products and services

introduced or new domestic or foreign markets created should also be projected and

measured in relation to costs wherever possible. The Committee shall submit the plan to the

President for approval within six months of the effective date of this Act.

SECTION 6. Responsibilities of Executive Departments and Agencies. ~ Within the

constraints of statutory authority and as otherwise permitted by law:

(A) Each department and agency of the Executive branch shall take appropriate action
to facilitate, preserve and strengthen women’s business enterprise and to ensure full
participation by women in the free enterprise system.

(B) Each department and agency shall take affirmative action in support of women’s

business enterprise in appropriate programs and activities including but not limited to:

(1) Management, technical, financial and procurement assistance;
(2) Business-related education, training, counseling and information
dissemination; and
(3) Procurement.
(C) Each department of agency empowered to extend government financial assistance

to any program and activity shall issue regulations requiring the recipient of such assistance

to take appropriate affirmative action in support of women’s business enterprise on the

ground of sex. For purposes of this Section, financial assistance means assistance extended
by way of grant cooperative agreement, loan and guaranty. These regulations shall prescribe

sanctions for non-compliance. Unless otherwise

pecified by law, no agency sanctions shall

be applied until the agency or department concerned has advised the appropriated person or
persons of the failure to comply with its regulations and has determined that compliance

cannot be secured by voluntary means


10

16

7

18

19

20

21

(D) For purposes of this Act, affirmative action may include, but is not limited to
creating or supporting new programs responsive to the special needs of women’s business
enterprise, collecting and disseminating information in support of women’s business
enterprise, and insuring to women’s business enterprise knowledge of and ready access to
business related services and resources. If in implementing this Act, an agency undertakes to
use or to require compliance with numerical set-asides, or similar measures, it shall state the
purpose of such measure, and the measure shall be designed on the basis of pertinent factual

findings of discrimination against women’s business enterprise and the need for such measure.

SEC

TION 7, Legal Guidance. ~ In carrying out their responsibilities under Section 6,
the departments and agencies shall consult the Department of Justice and the latter shall

provide legal guidance concerning these responsibilities.

SECTION 8, Separability Clause. ~ If any provision or part hereof, is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting,

SECTION. 9. Repealing Clause. ~ Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified or amended

accordingly.

SECTION. 10. Effectivity Clause. — This Act shall take effect fifteen (15) days after

its publication in at least two (2) newspapers of general circulation,

Approved,