Legislation

Republic Act No. 10754: Expanding the Benefits and Privileges of Persons with Disability

AN ACT EXPANDING THE BENEFITS AND PRIVILEGES OF PERSONS WITH DISABILITY (PWD), AMENDING FOR THIS PURPOSE SECTION 32 OF REPUBLIC ACT NO. 7277, OTHERWISE KNOWN AS THE MAGNA CARTA FOR PERSONS WITH DISABILITY, AS AMENDED, AND SECTION 35 (B) OF REPUBLIC ACT NO. 8424, OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

 

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Universal Access to Quality Higher Education Act

In the Philippines, 2 out of 5 high school graduates do not pursue tertiary education, hindered by the high tuition fees in addition to miscellaneous expenses in cured while studying. After spending many years working hard to make ends meet in order to put their children through school to obtain a high school diploma, it is often a disappointment to students who face the choice between working to help their family sacrificing the education of other siblings so that one may be sent to college.

In line with the mandate of our Constitution, the State must uphold the right of all citizens to quality education at all levels. This bill seeks to make tertiary education in all State Universities and Colleges free of tuition for its students and fully subsidized by government.

Tertiary education is a valuable key that can help Filipino families break out of the poverty cycle, as families headed by tertiary degree holders earn, on average, two times as much as families who do not have postsecondary education.

However, higher education is often only available to middle-income families who can afford the high tuition fees and extra costs. As a result, these families continue to reap the benefits of obtaining a postsecondary education while poor families continue struggling to reach beyond their current economic situation.

In a nation with glaring income and educational inequality, the provision of tuition-free college education will be one great leap toward developing our fragile benefit the most and will be empowered both economically and socially to be able to fully participate in our democratic nation.

A college education is not only a qualification that results in higher paying jobs, but it is most importantly a means for the development of knowledge, innovation and social change in a nation. Supporting the growth of higher education in the Philippines will serve to heighten the quality of our workforce so that we may partake more meaningfully in the global production of knowledge.

 

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Senate Bill No. 169: Small Business Tax Reform Act

The key to achieving prosperity for impoverished Filipino families is a strong micro, small and medium enterprise sector. A strong MSME sector also, in turn, strengthens a country’s economy and guards against foreign financial crises.

Currently, MSMEs already account for roughly 32-35% of the country’s GDP. Sadly, despite the growth in number of small enterprises in the Philippines, few are able to sustain their operation and create long-term success.

For this reason, our office has pushed for a number of policies to improve the support system for this vital sector and we will continue to do so until our country’s business environment is ripe for local entrepreneurs to succeed.

This particular legislation deals with the tricky subject of taxation.

According to a joint study by PwC and the World Bank, Paying Taxes 2016, the Philippines is on the 126th spot out of 189 economies in Ease of Paying Taxes.

This must change, which is why we are asserting the Small Business Tax Reform Act as a measure to simplify tax procedures and unburden our small businesses of the complex tax process.

Proposed measures include a simpler bookkeeping, a special lane and assistance desk for small businesses, exemption from tax audit, annual filing of returns, and payment in installment.

This bill also proposes the lowering of the income tax rate for small businesses and an exemption from VAT, among other methods of stimulating growth in small businesses as opposed to hindering it.

Let’s streamline our tax system and boost the chances of our local enterprises to succeed and, in turn, generate prosperity and livelihood for more and more Filipinos.

 

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Senate Bill No. 174: End ENDO Act

Over the past decade, the Philippines has been experiencing GDP gains and exponential economic growth. However, the unemployment and underemployment rates remain high.

There are almost a million new jobseekers that enter the labor force each year and, sadly, employment opportunities are simply not enough to absorb them. Worse, with many skilled and experienced employees agreeing to entry-level jobs just to have a steady source of income, first-time jobseekers with limited or low-level skills are left with no job opportunities.

 This is where contractors and subcontractors help job seekers in skills-building, particularly in developing occupational skills that match industry demand. Contractors and subcontractors also help employees in upgrading existing skills, learning new skills and opening up more opportunities for them.

 On the other end, contractors and subcontractors also help employers and companies expand their businesses with minimal costs and freedom to focus on their core business. Consequently, when these businesses expand, more jobs are created.

 Seeing the impact of this flexibility, the government and contractors/subcontractors must work together to establish a framework, filling the gaps in current industry practices and protecting both employers and employees.

 

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SBN-3208: Increasing Penalties on Erring Telcos

 

For years, Filipinos have been suffering from slow and expensive internet as they struggle to communicate with loved ones living abroad, forge deals with potential business partners and clients around the world or simply get work done and sent quickly and efficiently.

 

Our collective frustrations over our country’s internet quality has been justified by studies on Internet speed and cost per country, putting the Philippines as slowest and most expensive in the region.

 

Being the fastest growing economy in the ASEAN, this is clearly unacceptable and measures to improve our Internet quality while driving down its cost must be prioritized.

 

One of the many steps we must take is to update current policies to ensure that internet providers are held accountable for their activities.

 

Thus, this measure seeks to empower the National Telecommunications Commission (NTC) by increasing the penalties and fines for violations against the authority of the NTC and its released certificates, orders, decisions, resolutions, or regulations. With heavier penalties, NTC can expect greater compliance from Internet providers to standards and regulations that have been set to advance Internet quality in the Philippines.

 

When it comes to public services, we must do more than just keep up with the development of our neighbors, but exceed them. Let us band together to significantly improve our Internet services in the Philippines.

 

In view of the foregoing, the passage of this measure is earnestly sought.

 

 

Sen. Bam: SK Reform Act sparks hope for an anti-political dynasty law

The country now has its first law with an anti-political dynasty provision with President Aquino’s signing of the Sangguniang Kabataan (SK) Reform Act, according to Sen. Bam Aquino.

“The passing of the SK Reform Act reflects our vote of confidence in the Filipino youth’s ability to lead and participate in our country’s development,” said Sen. Bam, chairman of the Committee on Youth.

 Last Jan. 15, the Chief Executive has signed into law Republic Act No. 10742 or the SK Reform Act, which was co-authored and co-sponsored by Sen. Bam.

“This has the potential to effect genuine change in our electoral system when it comes to youth representation. In fact, it is the first of our laws with an anti-political dynasty provision,” added Sen. Bam.

Under the new law, relatives of elected or appointed officials up to the 2nd civil degree of consanguinity or affinity are prohibited from seeking SK posts.

Aside from its anti-dynasty provision, the new law adjusts age limit of SK officials from 15-17 to 18-24 years old, making them legally capable of entering into contracts and be held accountable and liable for their actions 

Sangguniang Kabataan officials will now be required to undergo leadership training programs to expose them to the best practices in governance and guide their development as leaders.

The new law also mandates the creation of the Local Youth Development Council (LYDC), a council that will support the SK and ensure the participation of more youth through youth organizations.

The LYDC will be composed of representatives from the different youth organizations in the community – student councils, church and youth faith groups, youth-serving organizations, and community-based youth groups.

 “The LYDC aims to harmonize, broaden and strengthen all programs and initiatives of the local government and non-governmental organizations for the youth sector,” said Sen. Bam, former chair of the National Youth Commission and youngest senator of the 16th Congress. 

With the enactment of the SK Reform Act into law, Sen. Bam expects a future with a larger, more diverse, and more capable set of public servants in the Sangguniang Kabataan.

RA 10693: Microfinance NGOS Act

Microfinance NGOs shall conduct its 19 operations in accordance with the basic principles of micro finance, which include, but are not 20 limited to the following:

a. The State recognizes Microfinance NGOs as its effective partners in promoting social welfare and development and pursuing poverty alleviation and holistic transformation and acknowledges micro finance as a viable solution to empower the poor;

b. The poor shall be given access to appropriate financial services that are convenient, flexible, and reasonably priced, including, but not limited to credit, savings, and insurance;

c. Microtinance shall be undertaken on a sustainable basis, where providers shall be able to recover all of its costs to allow sustainable operation and regular provision of financial services to the poor;

d. Microfinance NGOs shall aim to provide both financial and social protection programs to an increasing number of disadvantaged and for underprivileged people;

e. Microfinance NGOs shall abide by the Client Protection Principles, such as, but not limited to, appropriate product design and delivery, prevention of over-indebtedness, promotion of transparency, practice of responsible pricing, fair and respectful treatment of clients, privacy of client data and mechanisms for complaint resolution;

f. Microfinance NGOs shall develop financial, social, and governance performance standards that shall help define and govern the industry toward greater outreach and sustainability. 109. Mierofinance NGOs shall develop and provide the appropriate community development II projects and programs to ensure attainment of social welfare and holistic transformation 12 of the poor.

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SRN-838: Renewable Energy Competitiveness and Strategic Policy Mechanism

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON RENEWABLE ENERGY COMPETITIVENESS AND STRATEGIC POLICY MECHANISMS TO ATTAIN SUSTAINABLE ENERGY DEVELOPMENT AND ATTRACT POTENTIAL INVESTORS BY PROMOTING EASE OF DOING BUSINESS IN THE ENERGY SECTOR

Whereas, Republic Act No. 9513, otherwise known as the “Renewable Energy Act of 2008” mandates that the government develop the country’s renewable energy resources to promote a shift to more sustainable, reliable and affordable energy. Under the law, the State recognizes the need to increase the utilization of renewable energy (RE) by institutionalizing the development of national and local capabilities in the use of RE systems, and promoting its efficient and cost-effective commercial application by providing fiscal and non-fiscal incentives;

Whereas, in order to attract more investors by promoting ease of doing business and productivity in the energy sector, the law provides for incentives for RE products and activities such as income tax holiday for the first seven years of its commercial operations, additional income tax exemption on the income attributable to the investment and duty free importation of RE machinery, equipment and materials within the first ten years upon the issuance of a certification of an RE developer. Further, the sale of fuel or power generated from RE sources shall be subject to zero percent value added tax and all sales from the sale of carbon emission credits shall be exempt from any and all taxes;

Whereas, the government developed strategic programs to increase its utilization to establish the framework for the accelerated development· and advancement of REresources. In maximizing the benefits granted to RE investors, it should have helped increase employment by hiring local skilled graduates and provided social and economic opportunities in local investments;

Whereas, after almost six years from the passage of RA 9513, the country has not yet achieved the sustainable energy development needed to reduce the heavy dependence on fossil fuel imports. Though the fiscal and non-fiscal incentives are tools to promote investment in the RE sector, there is a need to review the policy mechanisms for RE development to open the gateway of RE investments. The energy sector is one of the available business opportunities in the country and relative thereto, a favorable business climate should encourage potential investors and developers, both domestic and foreign;

Whereas, the innovative power of a competitive free market in the RE sector is vital to the country’s economy. Not only the RE sector but also other business opportunities such as in agriculture, mining, retail and tourism will benefit from the eradication of bureaucratic procedures and corruption in the government;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on renewable energy competitiveness and strategic policy mechanisms to attain sustainable energy development and attract potential investors by promoting ease of doing business in the energy sector.

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SBN-1026: Poverty Reduction Through Social Entrepreneurship

The Social Enterprise (“SE”) Bill provides the framework for the planning and implementation of a National Poverty Reduction Through Social Entrepreneurship (the “PRESENT”) Program. The SE Bill, or the PRESENT Bill provides a nurturing environment for the growth and burgeoning of strong and innovative Social Enterprises as tools to reduce poverty.

A “Social Enterprise” as defined in the proposed Bill, refers to an enterprise with the poor as primary stakeholders. This is an enterprise that explicitly declares and pursues poverty reduction, alleviation, or improving the quality of life of speCific segments of the poor as a principal objective. A Social Enterprise engages and invests in the poor for them to become effective workers, suppliers, clients and/or owners, and 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 fulfillment of its social mission, a Social Enterprise also uses its surplus or profits and mobilizes other resources to assist the poor in becoming partners in the value chain management/governance as well as to become partners in community, sectoral and societal transformation.

This is in line with Article XII, Section 1 of the Philippine Constitution which states:
Section 1. 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 of life for all, especially the under-privileged.

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The challenge for Social Enterprises is how to become an effective poverty reduction tool. In the face of this challenge, government must play a supportive role to ensure that the appropriate systems, structures, and resources needed to support social enterprises are put in place. Government must help these new breed of entrepreneurs to acquire resources, build successful organizations, and achieve significant positive impact.

A nation’s economy is not stagnant – new social investment models, ways of doing business, and impact measurement tools continually arise. These changes at times distort and blur the once clear boundaries among the traditional nonprofit, for-profit, and public sectors. It is time that a “Social Enterprise” deserves to be officially recognized and defined in order for the government to be able to give it adequate support.

Therefore, the legislature is urged to pass measures wherein the government must make a leap forward and take advantage of this potential for the nation’s social change. Such leap forward is through the PRESENT Bill.

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