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Legislation (selected)

Ordinance 04-15
Series of 2004

Proposed by : Coun. GUSTAVO S. TAMBUNTING


AN ORDINANCE AUTHORIZING THE IMPOSITION AND COLLECTION OF REGISTRATION/MONITORING FEE IN THE AMOUNT OF ONE THOUSAND PESOS FOR EVERY BARANGAY MICRO BUSINESS ENTERPRISE (BMBE) APPLYING FOR REGISTRATION AND OPERATION IN THE CITY OF PARANAQUE PURSUANT TO SECTION 7 OF THE IMPLEMENTING RULES AND REGULATIONS OF RA 9178 OTHERWISE KNOWN AS THE BARANGAY MICRO BUSINESS (BMBE) ACT OF 2002

WHEREAS, pursuant to state’s policy of harassing the country’s economic development by encouraging the formation and growth of barangay Micro Business Enterprise (BMBE) Act of 2002.

WHEREAS, the duty of registration and monitoring the BMBE’s including the issuance of certificate of authority has been vested by the aforementioned law to the local government code.

WHEREAS, the said law also authorizes local government units to charge a fee to defray the administrative cost of registering and monitoring the BMBE’s for an amount not exceeding ONE THOUSAND PESOS (PhP1,000).

NOW, THEREFORE:

BE IT ORDAINED as it is hereby ordained, by the Sangguniang Panglungsod of Paranaque by the virtue of the powers vested in it by the law that:

SECTION 1. DEFINITION OF TERMS. As used in this Ordinance the following terms shall mean:

  1. Barangay micro building enterprise- herein fter referred to as BMBE, refers to any business entity or enterprises 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 lands on which the particular business entity’s office land equipment are situated , shall not be more than three million peses ( P3,000,000);
  2. Certificate of authority- 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 the registered BMBE.
  3. Registration- refers to the inclusion of BMBE in the BMBE registry of city of municipality
  4. Services- shall include those render by any one, which 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, section 3(a) of republic act No. 9178;
  5. Assets- refers 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 personal, owned and/or used by the BMBE for the conduct of its business as defined by the SMED Council.

SECTION 2. It is hereby authorized the imposition and collection of registration/monitoring fee in the amount of One Thousand Pesos (P1,000.00) For every Barangay Micro Business Enterprise (BMBE) applying for the registration and operation in Paranaque city pursuant to section 7, of the Implementing Rules and Regulations of Republic Act No. 9178, otherwise known as the Barangay Micro Business Enterprises Act of 2002.

SECTION 3. BMBE’s applying for registration of issuance of certificate of authority shall be subject and/or required to secure business/license permit and such other requirements required by law or local ordinance.

SECTION 4. Implementing Agency.The City Treasurer’s office shall be the implementing agency and, in coordination with the Business Permit and Licensing Office (BPLO), shall within 15 days after the approval of this Ordinance, formulate the necessary guidelines for effective registration, monitoring and execution of the purposes of the ordinance. It has the duty to:

  1. Determine the value of the assets of the business entity or enterprise applying for registration as a BMBE;
  2. Conduct and evaluate the BMBE’s financial status, including the actual amount and condition of its assets, for monitoring and reporting purposes within 30 days from the close of the year after a BMBE’s initial registration, and within 30 days from the close of each ensuing year.
  3. Cancel the registration of a BMBE for cause;
  4. Furnish the Revenue District Officers of the Bureau of Internal Revenue (BIR) in the locality concerned, on a quarterly basis, using a form prescribed by the Bureau, a list of all registered BMBE’s of good standing. The list of Registered BMBE’s shall be one of the bases of the BIR in granting income tax exemption to a BMBE.

SECTION 5. The provisions of Republic Act No. 9178 shall be suppletory in character.

SECTION 6. Let the copy of this Ordinance be furnished the BPLO, Office of the City treasurer, Liga ng mga Barangay and other concerned offices for their information, guidance and reference.

SECTION 7. Repealing Clause. All ordinances or part/s thereof, which are inconsistent with any of the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 8 Effectivity Clause. This Ordinance shall take effect immediately upon its approval.

Certified by:

(Sgd.) Vice Mayor ANDRES JOSE YLLANA
Presiding Officer

 

Sponsored by:

(Sgd.) GUSTAVO S. TAMBUNTING
City Councilor

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