SUBJECT: Implementing Rules and Regulations of R.A.

9178, Otherwise known as

2003-02-07 | DTI Administrative Order No. 01, Series of 2003

DEPARTMENT ADMINISTRATIVE ORDER NO. 01

SUBJECT: Implementing Rules and Regulations of R.A. 9178, Otherwise known as the “Barangay
Micro Business Enterprises (BMBEs) Act of 2002”

Pursuant to Sec. 15 of R.A. 9178, otherwise known as the “Barangay Micro Business Enterprises (BMBEs)
Act of 2002”, and after consultation with the Department of the Interior and Local Government (DILG), the
Department of Finance (DOF) and the Bangko Sentral ng Pilipinas (BSP), and other concerned agencies, the
following Rules and Regulations governing BMBEs are hereby prescribed for the compliance, information and
guidance of all concerned.

I. PRELIMINARY PROVISIONS

Sec. 1. Declaration of Policy. As stated in Sec. 2 of RA 9178, it is the policy of the State to hasten the
country’s economic development by encouraging the formation and growth of barangay micro business
enterprises which effectively serve as seedbeds of Filipino entrepreneurial talents, and integrating those in the
informal sector with the mainstream economy, through the rationalization of bureaucratic restrictions, the
active intervention of the government specially in the local level, and the granting of incentives and benefits to
generate much-needed employment and alleviate poverty.

Sec. 2. Definition of Terms. – When used herein, the term:

a. Act- shall refer to the “Barangay Micro Business Enterprises Act of 2002”.
b. Barangay Micro Business Enterprise (BMBE) – as defined in Sec. 3a of the Act, shall refer to any
business entity or enterprise engaged in the production, processing or manufacturing of products or
commodities, including agro-processing, trading and services, whose total assets including those
arising from loans but exclusive of the land on which the particular business entity’s office, plant and
equipment are situated, shall not be more than Three Million Pesos (P3,000,000.00) subject to review
and upward adjustment by the SMED Council, as mandated under Republic Act 6977, as amended by
Republic Act 8289. A BMBE shall include any individual owning such business entity/enterprise,
partnership, cooperative, corporation, association or other entity incorporated and/or organized and
existing under Philippine laws; and registered with the office of the treasurer of a city or municipality in
accordance with this implementing rules and regulations.
“Services” shall exclude those rendered by any one, who is duly licensed by the government after
having passed a government licensure examination, in connection with the exercise of one's profession
as stated in Paragraph 2 Sec. 3(a), RA 9178.
c. Certificate of Authority (CA) – shall refer to the certificate issued to an applicant authorizing the
same to operate as a BMBE and to be entitled to the benefits and privileges accorded to a registered
BMBE.
d. Assets – shall refer to all kinds of properties, real or personal, owned by the BMBE and used for the
conduct of its business as defined by the SMED Council: Provided, That for the purpose of exemption
from taxes and fees under the Act, this term shall mean all kinds of properties, real or personal, owned
and/or used by the BMBE for the conduct of its business as defined by the SMED Council.
e. Registration – shall mean the inclusion of a BMBE in the BMBE Registry of a city or municipality.
f. Financing – shall refer to all borrowings of the BMBE from all sources after registration.
II. REGISTRATION OF BMBE

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Sec. 3. Place of Registration. – The Office of the Treasurer of each city or municipality shall register BMBEs
and issue a Certificate of Authority (CA) to enable the BMBE to avail of incentives under the Act; Provided,
That only one Certificate of Authority shall be issued for each BMBE and only by the Office of the Treasurer of
the city or municipality that has jurisdiction over the principal place of business of the BMBE.

Sec. 4. Who are eligible to register. – Any person, natural or juridical, cooperative or association, having the
qualifications herein below enumerated, may apply for registration as BMBE:
.
a. have an asset size of not more than three million pesos (P3,000,000.00) excluding land, before
applying for BMBE registration; and
b. engaged in the business activities as defined in Sec. 2(b) of this IRR.
Sec. 5. Requirements for Registration. The applicant for BMBE registration shall submit the duly filled up
application (BMBE Form 01) in triplicate, signed by the owner or manager of the entity applying for
registration.

Sec. 6. Procedures for Registration. The following are the procedures when applying for registration as BMBE:

a. an applicant for BMBE shall go to the Office of the Municipal or City Treasurer where the business is
located;
b. the applicant shall accomplish BMBE Form 01 in triplicate and submit to the Office of the Municipal
or City Treasurer;
c. the Municipal or City Treasurer evaluates the application. Application shall be processed within
fifteen (15) working days upon submission of complete documents. Otherwise, the BMBEs shall be
deemed registered; and
d. a registered BMBE shall be issued a CA as proof of registration, which will be effective for a period
of two (2) years, renewable for a period of two (2) years for every renewal.
Sec. 7. Fees and Charges. – The LGUs shall issue the CA promptly and free of charge. However, to defray
the administrative costs of registering and monitoring the BMBEs, the LGU may charge a fee not exceeding
One Thousand Pesos (P1,000.00).

Sec. 8. Transfer of Ownership. – The BMBE shall report to the city or municipality of any change in the status
of its ownership structure, and shall surrender the original copy of the BMBE Certificate of Authority for
notation of the transfer.

III. INCENTIVES AND BENEFITS

Sec. 9. Exemption from taxes and fees. – All BMBEs shall be exempted from income tax for income arising
from the operation of the enterprise.

The Local Government Units (LGUs) are encouraged either to reduce the amount of local taxes, fees and
charges imposed or to exempt the BMBE from local taxes, fees and charges.

Sec. 10. Exemption from the Coverage of the Minimum Wage Law. The BMBEs shall be exempt from the
coverage of the Minimum Wage Law: Provided, That all employees covered under the Act shall be entitled to
the same benefits given to any regular employee such as social security and healthcare benefits.

Sec. 11. Credit Delivery. As stated in Sec. 9 of the Act, the Land Bank of the Philippines (LBP), the
Development Bank of the Philippines (DBP), Small Business Guarantee and Finance Corporation (SBGFC),
and People’s Credit and Finance Corporation (PCFC) shall set up a special credit window that will service the
financing needs of BMBEs registered under the Act consistent with the BSP policies, rules and regulations.
The Government Service Insurance System (GSIS) and Social Security System (SSS) shall likewise set up a
special credit window that will serve the financing needs of their respective members who wish to establish a
BMBE. The concerned financial institutions (FIs) are encouraged to wholesale the funds to accredited private
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financial institutions including community-based organizations such as cooperatives, non-government
organizations (NGOs) and people’s organizations, which will in turn, directly provide credit support to BMBEs.

All loans from whatever sources granted to BMBEs under the Act shall be considered as part of alternative
compliance to Presidential Decree No. 717, otherwise known as the Agri-Agra Law, or to Republic Act No.
6977, otherwise known as the Magna Carta for Small and Medium Enterprises, as amended. For purposes of
compliance with Presidential Decree No. 717 and Republic Act No. 6977, as amended, loans granted to
BMBEs under the Act shall be computed at twice the amount of the face value of the loans.

Any existing laws to the contrary notwithstanding, interests, commissions and discounts derived from the
loans by the LBP, DBP, PCFC and SBGFC granted to BMBEs as well as loans extended by the GSIS and
SSS to their respective member- employees under the Act shall be exempt from gross receipts tax (GRT).

To minimize the risks in lending to the BMBEs, the SBGFC and the Quedan and Rural Credit Guarantee
Corporation (QUEDANCOR) under the Department of Agriculture, in case of agribusiness activities, shall set
up a special guarantee window to provide the necessary credit guarantee to BMBEs under their respective
guarantee programs.

The LBP, DBP, PCFC, SBGFC, SSS, GSIS, and QUEDANCOR shall annually report to the appropriate
Committees of both Houses of Congress on the status of the implementation of this provision.

The BSP shall formulate the rules for the implementation of this provision and shall likewise establish
incentive programs to encourage and improve credit delivery to the BMBEs.

Sec. 12. Technology Transfer, Production and Management Training, and Marketing Assistance. BMBEs can
avail of technology transfer, production, management training programs and marketing assistance of the DTI,
DOST, UP-ISSI, CDA, TESDA, TLRC and other concerned agencies.

Sec. 13. BMBE Development Fund. As stated in Sec. 10 of the Act, a BMBE Development Fund shall be set
up with an endowment of Three Hundred Million Pesos (P300,000,000.00) from the PAGCOR and shall be
administered by the SMED Council.

The DTI, DOST, UP ISSI, CDA, TESDA, and TLRC may avail of the said Fund for technology transfer,
production and management training and marketing assistance to BMBEs.

Sec. 14. Trade and Investment Promotion. - The data gathered from business registration shall be made
accessible to and shall be utilized by private sector organizations and non-government organizations for
purposes of business matching, trade and investment promotion.

Sec. 15. One-Stop Business Registration Center. LGUs are encouraged to establish a One- Stop Business
Registration to handle the efficient registration and processing of permits/licenses of BMBEs.

IV. INFORMATION DISSEMINATION

Sec. 16. Information Dissemination. The Philippine Information Agency (PIA) in coordination with the
concerned agencies (DOLE, the DILG, and the DTI) shall ensure the proper and adequate information
dissemination of the contents and benefits of the Act to the general public especially to its intended
beneficiaries in the barangay level.

V. PENALTY

Sec. 17. Penalty. Any person who shall willfully violate any provision of the Act or who shall in any manner
commit any act to defeat any provision of the Act shall, upon conviction, be punished by a fine of not less than
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Twenty-five Thousand Pesos (P25,000.00) but not more than Fifty Thousand Pesos (P50,000.00) and suffer
imprisonment of not less than six (6) months but not more than two (2) years.

In case of non-compliance with the provisions of Section 9 of the Act, the BSP shall impose administrative
sanctions and other penalties on the concerned government financial institutions, including a fine of not less
than Five Hundred Thousand Pesos (P500,000.00).

VI. MISCELLANEOUS PROVISIONS

Sec. 18. Annual Report. The DILG, DTI, and BSP shall submit Annual Reports to Congress on the status of
the implementation of the Act.

Sec. 19. Effectivity. - These rules shall take effect fifteen (15) days after its publication in a newspaper of
general circulation.

APPROVED: 07 February 2003.

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