Trade, Commerce and Entrepreneurship

P-Noy to Sign Landmark PH Competition Act and Amendments to Cabotage Policy into Laws

Two important, historic, game-changing bills to continue pushing the country’s progress and inclusive economic growth will be signed into laws by the President tomorrow.

In a ceremonial signing in the Malacanang Palace tomorrow, July 21, Tuesday, at 10 am, President Aquino will approve the landmark Philippine Competition Act, giving the country its own law that will level playing field for all businesses by penalizing anti-competitive agreements and abuses of dominant players.

The Chief Executive is also expected to sign into law the Foreign Ships Co-Loading Act, which will now allow foreign ships carrying imported cargoes and cargoes to be exported out of the country to dock in multiple ports.

The Philippine Competition Act is considered the longest-running measure in Congress, taking 25 years before hurdling the legislative mill.

“The Philippine Competition Act will usher in a new era of doing business in the country,” said Sen. Bam, co-author and principal sponsor of the measure.

Under the law, a Philippine Competition Commission (PCC) will be established with the Chief Executive appointing a chairperson, four commissioners and an executive director.

“Businesses, whether big or small, will now be on equal footing as the law penalizes anti-competitive agreements and abuses of dominant players,” stressed Sen. Bam, adding that cartels will also be eliminated under the law.

As an independent quasi-judicial body, the PCC will look into anti-competitive behaviors, abuses in dominant positions, and anti-competitive mergers and acquisitions.

“This will lead to an efficient market economy and a level playing field for all businesses,” added Sen. Bam, chairman of the Senate Committee on Trade, Commerce and Entrepreneurship.

The PCC can impose administrative penalties of a maximum fine of P100 million on the first offense and P250 million for the second offense for anti-competitive agreements and abuses of dominant position.

Moreover, courts can impose criminal penalties of imprisonment from two to seven years and a maximum penalty of P250 million for anti-competitive agreements done between and among competitors.  The imprisonment will be imposed to responsible officers and directors of the entity.

Aside from the Philippine Competition Act, the Chief Executive will also sign into law the Foreign Ships Co-Loading Act, another measure sponsored by Sen. Bam.

The Foreign Ships Co-Loading Act will reduce logistics costs for producers, create a more efficient import and export system, and lead to lower prices for consumers.  The law will also help in decongesting the major ports in the country.

With the approval of his two measures, Sen. Bam will have four laws to his credit. Last year, the President approved the Go Negosyo Act and the Philippine Lemon Law.

In addition, the President is also expected to sign the Youth Entrepreneurship Act soon.

The Youth Entrepreneurship Act, co-authored and principally sponsored by Sen. Bam, is touted to be an effective tool to solve the growing number of jobless youths in the country, which currently stands at 1.32 million.

Financial literacy and entrepreneurship courses will now be included in all levels of education to build an entrepreneurship culture among Filipinos.  A youth entrepreneurship fund shall also be made available to cater to youth entrepreneurs in the country.

Sen. Bam’s campaign promises of spurring jobs and enterprise development, levelling the playing field, and ease of dong business were further fulfilled with these macro economic reforms together with the establishment of Negosyo Centers all over the country through the Go Negosyo Act.

3 out of 6 Major Bills in 2015 c/o Bam

Sen. Bam Aquino, the youngest senator of the 16th Congress, made an impact during the second regular session as he sponsored three out of the six major measures ratified during the period.

Foremost of Sen. Aquino’s bills was the Philippine Competition Act, a landmark measure seeking to level the playing field for all business, and eliminate anti-competitive agreements and abuses of dominant players in the market.

The Philippine Competition Act was finally passed under Sen. Bam’s watch as chairman of the Senate Committee on Trade, Commerce and Entrepreneurship after 25 years of gathering dust in the legislative mill.

Sen. Bam also co-authored and sponsored the Foreign Ships Co-Loading Act and the Youth Entrepreneurship Act.

 The Foreign Ships Co-Loading Act will now allow foreign ships carrying imported cargoes and cargoes to be exported out of the country to dock in multiple ports. This will reduce logistics costs and lead to lower prices for consumers.

In addition, it will also lead to more efficient port operations and a more competitive Philippines in the ASEAN integration.

The Youth Entrepreneurship Act, for its part, is seen as an effective tool to address the growing number of jobless young people in the country, which currently stands at 1.32 million.

Financial literacy and entrepreneurship courses will now be included in all levels of education to build an entrepreneurship culture among Filipinos.  A youth entrepreneurship fund shall also be made available to cater to youth entrepreneurs in the country.

Last year, Sen. Bam’s Go Negosyo Act and the Philippine Lemon Law were enacted into laws and are now awaiting for the said three bills to be signed by the President.  Once signed, Sen. Bam’s portfolio will consist of five laws in two years. 

 “Hindi mahalaga kung neophyte o beterano sa senado. Ang mahalaga ay kung makakagawa ka ng mga panukala na makakapagpabuti sa buhay ng nakararaming Pilipino,” Sen. Bam said.

Aside from these three measures, the 16th Congress also ratified measures ensuring the safety of children aboard two-wheeled motorcycles travelling along public and private roads, protecting the amateur nature of student-athletes in the country and the establishment of an open high school system in the country.

DOJ, Private Businesses Welcome Passage of Bill Penalizing Cartels, Abuse of Dominance

Stakeholders, led by the Department of Justice (DOJ), welcomed the long-awaited approval of the Philippine Competition Act, a landmark legislation that will level the playing field for all types of businesses

In a statement, DOJ Secretary Leila de Lima lauded Sen. Bam Aquino and Rep. Dakila Carlo Cua for their energy and dedication to work for the passage of the bill, which gathered dust for almost 25 years in the legislative mill.

Sen. Bam, chairman of the Committee on Trade, Commerce and Entrepreneurship, was the main author and sponsor of the measure, which is expected be signed into law by President Aquino.

“The Department will continue to support legislation that will level the playing field and inject fairness and transparency in dealings and transactions specially those affecting small businesses and consumers,” De Lima said.

“This legislation actually rewards good business practices and goes against those who exploit markets or engage in abusive behavior,” said DOJ Assistant Secretary Geronimo Sy, head of DOJ-Office for Competition.

 “Building a competition culture across all sectors of society is key. We are happy that we finally passed it,” added Sy.

Under the proposed law, the DOJ-Office for Competition is assigned to investigate cartels that are considered criminal actions.

Meanwhile, the Philippine Chamber of Commerce and Industry (PCCI) expects a sustained strong economy with ratification of the Philippine Competition Act.

 “This law will push businesses to engage in a healthy rivalry so that they will gain more consumers. It gives us the incentive to be more efficient and to offer the public better quality products and services,” PCCI president Alfredo M. Yao said in a statement.

If enacted into law, Yao added that the Philippine Competition Act will encourage the entry of small firms into the market “with the expectation that rules will be applied equally to all.”

The European Chamber of Commerce in the Philippines, for its part, expressed full support behind the passage of a national competition law, saying it would “ensure a level playing field for business, protect consumer welfare and make the Philippine economy more competitive.”

“The passage of this landmark measure materialized through the collective efforts of the Senate and House and the full support of private stakeholders,” Sen. Bam said.

 Sen. Bam added that private stakeholders, such as the PCCI and the ECCP, were consulted in the crafting of the measure to ensure that the bill would be pro-business, pro-poor and pro-consumer.

After Long Wait, Congress Ratifies Act Penalizing Cartels, Abuse of Dominant Positions

“Historic, game-changing for our economy,” Sen. Bam Aquino describes the Philippine Competition Act after its ratification.

 After three decades of waiting and 30 hours of bicameral conference hearing, Congress has finally ratified the Philippine Competition Act that penalizes bad market behavior and abuse of dominant positions.

“If enacted into law, the measure will create a level playing field, whether big or small, when it comes to market opportunities,” said Sen. Bam Aquino, chairman of the Senate Committee on Trade, Commerce and Entrepreneurship.

For almost thirty years, the Philippines has remained one of few countries that does not have a valid competition policy that will protect its consumers and private industries.

“It has been one of the longest running bills in our history,” Sen. Bam said, as the first competition policy was filed in the 8th Congress.

After World War II, Japan passed its Original Antimonopoly Law in 1947 while the United Kingdom passed its Monopolies and Restrictive Practices Act in 1948.

Other ASEAN countries have also passed their respective competition laws, starting with Indonesia and Thailand in 1999, Singapore in 2004, Vietnam in 2005, and Malaysia in 2012.

“This is primary a huge victory for millions of consumers, who, in the end, will be the ultimate beneficiaries of this measure,” added Sen. Bam, whose Senate Bill No. 1027 or the Philippine Competition Act was among the measures consolidated under Senate Bill No. 2282.

President Aquino is expected to sign the measure into law as it is one of his administration’s urgent measures.

Sen. Bam said the Philippine Competition Act is expected to eliminate cartels, and penalize anti-competitive agreements and abuses of dominant players in the markets that lead to high prices of goods and services.

“In addition, the Philippine Competition Act promotes a culture of healthy competition that inspires ingenuity, creativity, and innovation in addressing market needs,” Sen. Bam said.

“We need more players in our markets, so that the quality of products and services increases, and prices of goods would then go down,” Sen. Bam added.

 The measure will also prohibit anti-competitive agreements and abuses of dominant position that distort, manipulate, or constrict the operations of markets in the Philippines.

“We thank the hard work of our fellow senators and our congress counterparts in coming up with a solid bill that will further help our economy down the road,” Sen. Bam emphasized.

Sen. Bam also credited the late Rep. Henry Cojuangco for actively pursuing the bill’s House version. Cojuangco died from aneurysm, hours before the bill hurdled the second reading at the House of Representatives last May 12. 

“Panalo ang taumbayan dahil sa pagpasa ng panukalang ito,” the senator highlighted.

“We would like to tell the world that with the Philippine Competition Act, our country is now open for business,” Sen. Bam happily declared.

Kalibo’s Negosyo Center to Boost Local Economy, Contribute to Country

KALIBO, Aklan – Local officials here expressed optimism that the opening of the Negosyo Center here will help the smaller enterprises keep up with big businesses in the province.

“The establishment of a pioneering Negosyo Center in the province will empower micro, small and medium enterprises (MSMEs) as they compete with big businesses,” said Aklan Gov. Florencio Miraflores.

“As envisioned by Senator Bam Aquino, the Negosyo Center will also boost job generation and promote inclusive growth in Aklan,” he added.

Sen. Bam, author of Republic Act 10644 or the Go Negosyo Act, led the formal opening of the Negosyo Center here Friday together with Kalibo mayor William Lachica, other local officials, representatives from the Department of Trade and Industry (DTI) and other stakeholders.

The Negosyo Center, located at the ground floor of the DTI-Aklan office at Veterans Avenue, is the fourth in the country, next to Cagayan de Oro, Iloilo City and Daet.

Last year, Kalibo ranked third in the National Competitiveness Council (NCC) list in terms of overall competitiveness. In terms of local economy, the municipality ranked 11th and 1st in government efficiency.

The province of Aklan earned some P43.78 billion from the tourism industry in 2014, mainly from local and foreign tourists who visited the world-class Boracay island.

“The Negosyo Center will help Aklan supplement its robust tourism industry with the establishment of new businesses,” said Sen. Bam.

The “Go Negosyo Act” provides for the establishment of Negosyo Centers in provinces, cities and municipalities in the country.

The Negosyo Center will provide access to linkages to bigger markets for businesses, and a unified and simplified business registration process, thus helping ease of doing business and fast-track government processes in putting up a business.

“By making business registration simpler and more efficient, we hope to encourage more Filipinos to start their own small businesses to stimulate the local economy,” Sen. Bam stressed.

Sen. Bam said the Negosyo Center will also help link up entrepreneurs with microfinance institutions that provide financing without collateral.

In addition, the Negosyo Centers will provide courses and development programs, training, advice on business conceptualization and feasibility, management, capability building, human resources, marketing and other support services.

Sen. Bam expects that around 100 Negosyo Centers will be established in different parts of the country this year.

“Walang Pilipino dapat na maiwan sa natatamasang kaunlaran ng bansa,” Sen. Bam emphasised.  “Kailangan, sama-sama tayong aangat.”

Bam: Bamboo Business Booming But…

Private bamboo stakeholders lamented that lack of supply may prevent the country from grabbing a lion’s share of the growing global market.
 
This was revealed during the Senate hearing on the status of the Philippine Bamboo Industry Development Roadmap conducted by the Committee on Trade, Commerce and Entrepreneurship headed by Senator Bam Aquino.
 
According to different private bamboo furniture makers, there is high demand for their products but cannot keep up due to lack of supply.
 
Even the Department of Education (DepEd) said it cannot meet its mandate of sourcing 20 percent of their furniture needs such as desk, tables and chairs from bamboo furniture makers due to lack of suppliers.
 
During the hearing, stakeholders have pointed to the government’s lack of coordinated action in ensuring a steady supply of bamboo poles.
 
The Department of Environment and Natural Resources (DENR) said that the country has around 50,572 hectares of bamboo forest.
 
However, it is not enough to cover the market’s monthly demand of eight million bamboo poles.
 
Under the National Greening Program, the government has allotted just one percent of the country’s 1.5 million hectares of forest as areas for bamboo planting.
 
For 2015, the DENR is targeting 3,086 hectares of bamboo plantation.
 
In line with this, Sen. Bam called on concerned government agencies and the private sector to align their plans and programs to properly address the supply dilemma the industry currently faces.
 
Sen. Bam said the Philippine Bamboo Industry Development Council (PDIBC), headed by the Department of Trade and Industry (DTI), must take the lead in addressing the supply issue via a technical working group (TWG).
 
According to Sen. Bam, Executive Order 879 mandates the PBDIC to provide overall policy and program directions for all stakeholders in the bamboo industry.
 
The EO also tasked the government to reforest at least 500,000 hectares with bamboo as contribution to the ASEAN commitment of 20 million hectares of new forest by 2020.
 
“Why aren’t we hitting the target number of bamboo poles needed by the manufacturers,” asked Sen. Bam, adding that the DTI must clarify the roles of the concerned government agencies and other stakeholders under the EO.
 
“That will be a lost opportunity of income and livelihood for communities and for the economy,” Sen. Bam stressed.
 
“I would like to be able to address those concerns with recommendations coming from the PBIDC, upon consultation with all of the concerned individuals and institutions,” Sen. Bam added.
 
Sen. Bam is pushing for a clear bamboo industry roadmap as he sees the industry as another vehicle for the government’s inclusive growth program.
 
“If we have more communities planting bamboo and there are ready markets left and right to purchase these, that would be a waste if we don’t supply them,” said Sen. Bam.

Bam on the Onion Cartels

The government must immediately look into reports that cartels and several unscrupulous traders are conniving to manipulate the supply of onions in the market, to the detriment of our local farmers, especially in the countryside.

With the alleged cartel maneuvering and the onset of the onion harvest season, we expect a significant drop in prices of onion, to the disadvantage of our farmers. 

We need to act now to safeguard our onion farmers, who would be robbed of their livelihood and income.

If proven true, those behind these cartels must be brought to justice and severely punished.

Iloilo Entrepreneurs to Enjoy Access to Capital from Negosyo Center

ILOILO CITY — Entrepreneurs and would-be businessmen will now enjoy access to financing and other assistance with the opening of the country’s second Negosyo Center onFeb. 6 at the Department of Trade and Industry (DTI) building this city.

Senator Bam Aquino, author of Republic Act 10644 or the “Go Negosyo Act”, will formally open the Negosyo Center together with several local and DTI officials, led by Secretary Gregory Domingo, Undersecretary Zenaida Maglaya, Iloilo Governor Arthur Defensor, City Mayor Jed Patrick Mabilog and League of the Municipalities of the Philippines Iloilo Chapter Head Neil Tupas.

The “Go Negosyo Act” provides for the establishment of Negosyo Centers in provinces, cities and municipalities in the country.

“The opening of a Negosyo Center in Iloilo City will boost the development of micro, small and medium enterprises, creating jobs and livelihood in the community,” said Sen. Bam.

Sen. Bam said the Negosyo Center will provide a unified and simplified business registration process, thus helping ease of doing business and fast-track government processes in putting up a business in Iloilo City.

“By making business registration simpler and more efficient, we hope to encourage more Filipinos to start their own small businesses to stimulate the local economy,” Sen. Bam emphasized.

Iloilo has been ripe for investment and economic growth. In 2012, it recorded an impressive expansive growth of 7.5%, even surpassing the national growth rate of 6.6%.

Aside from ease of doing business, Sen. Bam said the Negosyo Center will help link up entrepreneurs with microfinance institutions that provide financing without collateral.

“We aim to develop and spur the rice, sugar cane, hog and commercial fishery industries of Iloilo. We want them to grow into bigger businesses and be able to compete in larger markets,” added Sen. Bam

In addition, the Negosyo Centers will provide courses and development programs, training, advice on business conceptualization and feasibility, management, capability building, human resources, marketing and other support services.

Life Bank Foundation Inc. president Manuel Perlas hailed the establishment of the Negosyo Center here, saying it will open up horizon for entrepreneurs to enhance their business skills and expand their networks.

“We hope this will reinforce the growth of bayanihan economics that is critically needed for poverty eradication to take root throughout the country,” Perlas said.

The Negosyo Center in Iloilo City is the second in the country, next to Cagayan de Oro, which was established last November.

As mandated by RA 10644, Sen. Bam expects that around 100 Negosyo Centers will be established in different parts of the country this year.

“With the help of DTI, I hope we can reach or even exceed our target for this year,” Sen. Bam said.

Eradicate Dummy Incorporators – Sen. Bam

Dummy incorporators will be a thing of the past if the measure filed by Senator Bam Aquino is enacted into law.

Aquino’s Senate Bill No. 2465 seeks to introduce key amendments to Batasang Pambansa Blg. 68 or the Corporation Code, which was passed in 1980 or more than three decades ago.

The senator said one of the measure’s key amendments is the introduction of a one-man corporation, which will eliminate the use of dummy incorporators in registering with the Security and Exchange Commission (SEC).

At present, a sole proprietor needs incorporators of five to fifteen individuals to be able to register with the SEC.

“If approved, this measure will encourage businessmen to do away with dummy incorporators and declare truthful and transparent information about their businesses,” said Aquino, chairman of the Senate Committee on Trade, Commerce and Entrepreneurship.

Aquino also expects the bill to strengthen ease of doing business to encourage entrepreneurs to expand and become a corporation, thus resulting in more jobs and livelihood to more Filipinos and making the country’s growth inclusive for everyone.

“Entrepreneurs must be given all the assistance they need as they serve as the country’s economic backbone, accounting for 99 percent of enterprises and providing 66 percent of jobs in the country,” he added.

Aside from the one-man corporation, the bill also aims to lessen the lifespan of perpetual corporations from the current 50 years to 25 years, giving them a chance to develop long-term plans and look into more sustainable and far-reaching strategies for more economic growth.

The measure also contains other related provisions to make the law relevant and attuned to present times, adopt the global practices, attract more investments and start-ups in the country, and specifically address the needs of entrepreneurs.

First Negosyo Center Launched in Cagayan de Oro

It’s all systems go for the Go Negosyo Act with the launching of the country’s first-ever Negosyo Center today (Thursday) in Cagayan de Oro City.

“The opening of the first Negosyo Center in the country eases the doing of business in the city, as it will help fast-track government processes in putting up a business,” said Senator Bam Aquino, author of Republic Act 10644 or the Go Negosyo Act.

“The Negosyo Center will boost the development of micro, small and medium enterprises, creating jobs and livelihood in the community,” the senator added.

Aquino said the Cagayan de Oro Negosyo Center will be the first of many, as RA 10644 mandates the creation of such in all provinces, cities, and municipalities in the country.

“We are closely working with the Department of Trade and Industry (DTI) to establish more Negosyo Centers all over the country,” Aquino said.

Aquino said Negosyo Centers will provide a unified and simplified business registration process, making it easier for entrepreneurs to register and start up their businesses, as well as gain access to sources of financing.

“By making business registration simpler and more efficient, we hope to encourage more Filipinos to start their own small businesses to stimulate the local economy,” Aquino added.

In addition, the Negosyo Centers will provide courses and development programs, training, advice on business conceptualization and feasibility, financing, management, capability building, human resources, marketing and other support services.

“We call on the businessmen and entrerpreneurs of Cagayan de Oro to engage with the Negosyo Center and give feedback on its operations so we can continuously improve its services to the public, as we replicate it nationwide,” Aquino added.

The DTI provincial office at the ground floor of Antolin Building in Cagayan de Oro City will house the first Negosyo Center in the country.

Aquino will attend the launch together with invited local officials, Cagayan de Oro City Vice Mayor Caesar Ian Acenas, Misamis Oriental 1stDistrict Rep. Peter Unabia and Governor Vicente Emano.

Also attending the event are DTI undersecretary Zenaida Maglaya, DTI Misamis Oriental provincial director Eliza Pabillore, assistant director Jerry Clavecillas of the Bureau of Small and Medium Enterprises Development and assistant regional director Linda Boniao of DTI Region 10.

The DTI will also sign a memorandum of agreement (MOA) with several industry partners to provide technology enablement and coaching sessions for MSMEs.

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