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Guide to the Magna Carta for Micro Small and Medium Enterprises

RA 9501 - DTI

RA 9501 - DTI

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must be owned by Filipino citizens;c) a business activity within <strong>the</strong> major sec<strong>to</strong>rs of <strong>the</strong> economy, namely:industry, trade, services, including <strong>the</strong> practice of one’s profession, <strong>the</strong>operation of <strong>to</strong>urism-related establishments, <strong>and</strong> agri-business, which<strong>for</strong> <strong>the</strong> purposes of this Act refers <strong>to</strong> any business activity involving <strong>the</strong>manufacturing, processing, <strong>and</strong>/or production of agricultural produce.Business activities involving fisheries, aquatic resources <strong>and</strong> o<strong>the</strong>r relatedindustries shall likewise be covered by this Act.d) a business activity as provided in Section 3 of this Rule which is nota branch, subsidiary or division of a large scale enterprise.However, this requirement shall not preclude MSMEs from acceptingsubcontracts <strong>and</strong> entering in<strong>to</strong> franchise partnership with large enterprisesor from joining in cooperative activities with o<strong>the</strong>r MSMEs.Sec. 2. Coverage of <strong>Small</strong> Business Corporation (SB Corporation). Programsof <strong>the</strong> <strong>Small</strong> Business Corporation (SB Corporation) as provided in subsequentprovisions of this Act shall be exclusively delivered <strong>and</strong> directed <strong>to</strong> bonafideMSMEs. The SB Corporation shall make known through all its offices <strong>and</strong>partner organizations its current programs pertaining <strong>to</strong> bonafide MSMEs.Sec. 3. Disqualification of MSMEs as Beneficiaries under RA 6977, asamended. Any MSME, its direc<strong>to</strong>rs, officers or agents, found <strong>to</strong> have committedfraud or misrepresentation <strong>for</strong> <strong>the</strong> purpose of availing <strong>the</strong> benefits under thisAct shall be immediately disqualified as a beneficiary, without prejudice <strong>to</strong>any administrative, criminal or civil liability under existing laws.Sec. 4. Share of MSMEs in Government Procurement. Eligible MSMEsshall be entitled <strong>to</strong> a share of at least ten percent (10%) of <strong>to</strong>tal procurementvalue of goods <strong>and</strong> services supplied <strong>to</strong> <strong>the</strong> Government, its bureaus, offices<strong>and</strong> agencies annually.Sec. 5. Moni<strong>to</strong>ring on Required Government Procurement. The Departmen<strong>to</strong>f Budget <strong>and</strong> Management shall moni<strong>to</strong>r <strong>the</strong> compliance of governmentagencies on <strong>the</strong> required procurement <strong>for</strong> MSMEs, as provided <strong>for</strong> in Sec. 4of this Rule, <strong>and</strong> submit its report <strong>to</strong> <strong>the</strong> MSMEDC on a semestral basis, <strong>and</strong><strong>to</strong> <strong>the</strong> Congress of <strong>the</strong> Philippines, through its appropriate committees on ayearly basis.25

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