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Social Enterprise Bill_HB 6085

Social Enterprise Bill_HB 6085

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Published by: Foundation for a Sustainable Society on Apr 18, 2012
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03/28/2013

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 1
Republic of the Philippines
CONGRESS OF THE PHILIPPINESFIFTEENTH CONGRESS
Second Regular SessionHOUSE BILL NO. 6085
INTRODUCED BY HONLORENZO 'ERIN' R.TAÑADAIII 
 ________________________________________________________________________ 
AN ACT ORDAINING THE PROMOTION AND DEVELOPMENT OF SOCIALENTERPRISES IN ORDER TO ENSURE POVERTY REDUCTION, PROVIDING THEMECHANISMS THEREFOR, AND FOR OTHER PURPOSESCHAPTER
 
ITITLE,
 
POLICIES
 
AND
 
OBJECTIVESSECTION
 
1
.
Short Title.
 
 –
 
This Act shall be known as the “Magna Carta for S
ocial
Enterprises of 2012”. It may alternatively be cited as the Poverty Reduction ThroughSocial Entrepreneurship (PRESENT) Act of 2012”.
 
SECTION
 
2
.
Declaration of Policy and Statement of Objectives 
 
- It is herebydeclared the policy of the State to promote a just and dynamic social order that will ensurethe prosperity and independence of the nation and free the people from poverty throughpolicies that provide adequate social services, promote full employment, a rising standardof living, and an improved quality of life for all.It is likewise declared a policy of the State that the goals of the national economyare a more equitable distribution of opportunities, income, and wealth; a sustainedincrease in the amount of goods and services produced by the nation for the benefit of thepeople; and an expanding productivity as the key to raising the quality of life for all,especially the underprivileged and that, in the pursuit of these goals, all sectors of theeconomy and all regions of the country shall be given optimum opportunity to develop.Private enterprises, including corporations, cooperatives, and similar collectiveorganizations, shall be encouraged to broaden the base of their ownership.Further, all economic agents shall contribute to the common good and thatindividuals and private groups, including corporations, cooperatives, and similar collectiveorganizations, shall have the right to own, establish, and operate economic enterprises,subject to the duty of the State to promote distributive justice and to intervene when thecommon good so demands.The State shall particularly recognize the important role of entrepreneurship thatcontributes responsibly to social and economic goals as embodied in the Agenda 21 of theUnited Nations Conference on Environment and Development. Specifically, small andmedium-sized entrepreneurs shall be recognized as major agents for rural development,
 
 2
increasing off-farm employment and providing the transitional means for improving thelivelihoods of women.Finally, it is declared a policy of the State that the promotion of social justice shallinclude the commitment to create economic opportunities based on freedom of initiativeand self-reliance.In furtherance of these policies, the Government shall pursue a poverty reductionprogram that promotes an environment conducive to the development and viability ofsocial enterprises with the poor as the primary stakeholders, establishing the mechanismsessential to realizing their potential and achieving their full growth, and extending theassistance necessary for their advancement.The Government and all its departments, agencies, subdivisions, branches, andinstrumentalities shall ensure the provision of technical and financial assistance and otherservices and incentives free from any conditions that might infringe upon the autonomy ororganizational integrity of said social enterprises in order for them to develop into viableand vital anti-poverty agents and thereby result in a strong social entrepreneurshipmovement that shall be instrumental in bringing about a substantial reduction in poverty inthe country.
CHAPTER
 
IIDEFINITION
 
OF
 
TERMSSECTION
 
3
.
Definition of Terms 
 
 –
For purposes of this Act, the following terms shallmean:a)
Absolute poverty 
refers to the condition of the household below the foodthreshold level;b)
Assets 
refer to all kinds of properties, real or personal, owned by the socialenterprise (SE) as defined in paragraph (dd) of this Section and used for the conductof its business:
Provided 
, That for the purpose of exemption from taxes and to benefitfrom other incentives under this Act, this term shall mean all kinds of properties, realor personal, owned and/or used by the SE for the conduct of its business;c)
Basic sectors 
shall refer to the disadvantaged sectors of Philippine society,namely: farmer-peasant, artisanal fisherfolk, workers in the formal sector and migrantworkers, workers in the informal sector, indigenous peoples and culturalcommunities, women, persons with disability, senior citizens, victims of calamitiesand disasters, youth and students, children, and urban poor as defined under
Republic Act (R.A.) No. 8425, otherwise known as the “Social Reform and Poverty Alleviation Act”;
 d)
Bottom line 
shall refer to the objectives or purposes for which a SE isestablished, which include, among others, financial, social and ecological objectives;e)
Capability building 
refers to the process of enhancing the viability andsustainability of SEs and pertain to education, training, coaching and other learningevents like study tours; technical, consultancy and advisory services; assistance inorganizational systems development; technology incubation, development anddissemination; value chain and subsector development; conduct of SE trade fairs and

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