Technological University of the Philippines

COLLEGE OF LIBERAL ARTS

Department of Entrepreneurship and Management

WORKSHEET NO. 3.

Name of Student: Yani Jasmin P. Alcance Course: BSME-4B Date: January 3, 2023

Topic: Legal Parameters of Business Engagements in the Philippines.

Objective
1. Familiarization with the Legal Parameters concerning Entrepreneurship engagements in the
Philippines (2-4 pages only)

Instructions: Search online on the Legal documents/Laws pertaining to promotion of entrepreneurship

engagements in the Philippies.

Sources: Chan Robles Virtual Law Library https://lawlibrary.chanrobles.com/

DTI https://www.dti.gov.ph/resources/laws-and-policies/

Laws Instructions: Write 2 specific provisions (article
or section) from each given law that you believe
are beneficial to entrepreneurs
1987Constitution of Article XII (Section 1) - The goals of the national
the Philippines 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 underprivileged.
Question 1: In which way these
provisions can help you in your
entrepreneurial pursuits?
The entrepreneurs support economic growth,
generate employment, and produce new goods
and services that can improve the world.

Article XII (Section 13) - The State shall pursue a

trade policy that serves the general welfare and utilizes
all forms and arrangements of exchange on the basis of
equality and reciprocity.

Corporation Code of Section 4 - Corporations Created by Special Laws or These regulations can aid entrepreneurs in
the Philippines Charters. – Corporations created by special laws or maintaining effective communication with
2019 charters shall be governed primarily by the provisions their business partners.
of the special law or charter creating them or
applicable to them, supplemented by the provisions
of this Code, insofar as they
are applicable

Section 5 - Corporators and Incorporators,

Stockholders and Members. – Corporators are those
who compose a corporation, whether as stockholders or
shareholders in a stock corporationor as members in a
nonstock corporation. Incorporators are those
stockholders or members mentioned in the articles
of
incorporation as originally forming and composing the
corporation
 and who are signatories thereof.

Family Code of the Article 12 - The local civil registrar, upon receiving These provison can help to create a life and
Philippines such application, shall require the presentation of the profession that are directly in line with basic
original birth certificates or, in default thereof, the values, such as giving back to the community,
baptismal certificates of the contracting parties or protecting the environment, or prioritizing
copies of such documents duly attested by the persons your family.
having custody of the originals. These certificates or
certified copies of the documents by this Article need
not be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title
of the person issuing the certificate shall be sufficient
proof of its authenticity.

Article 8 - The marriage shall be solemnized publicly

in the chambers of the judge or in open court, in the
church, chapel or temple, or in the office the consul-
general, consul or vice-consul, as the case may be, and
not elsewhere, except in cases of marriages contracted
on the point of death or in remote places in accordance
with Article 29 of this Code, or where both of the
parties request the solemnizing officer in writing in
which case the marriage may be solemnized at a
house or place designated by them in a sworn statement
to that effect.

Labor Code of the Article 49. Administration of training programs With the help of these laws, you may
Philippines - The Council shall provide, through the Secretariat, show your appreciation for and good
instructor training, entrepreneurship development,
treatment of your employees by giving
training in vocations, trades and other fields of
employment, and assist any employer or organization them health and life insurance.
in training schemes designed to attain its objectives
under rules and regulations which the Council shall
establish for this purpose.

Article 159. Health program - The physician engaged

by an employer shall, in addition to his duties under this
Chapter, develop and implement a comprehensive
occupational health program for the benefit of the
employees of his employer.

Intellectual Property Section 3. International Conventions and The entrepreneurs support economic growth,
Law (IP Rights) Reciprocity. - Any person who is a national or who generate employment, and produce new goods
is domiciled or has a real and effective industrial and services that can improve the world.
establishment in a country which is a party to any
convention, treaty or agreement relating to intellectual
property rights or the repression of unfair competition,
to which the Philippines is also a party, or extends
reciprocal rights to nationals of the Philippines by law,
shall be entitled to benefits to the extent necessary to
give effect to any provision of such convention, treaty
or reciprocal law, in addition to the rights to which any
owner of an intellectual property right is otherwise
entitled by this Act.

Section 4. Definitions. - 4.1. The term

“intellectual property rights” consists of:
 Copyright and Related Rights
  Trademarks and Service Marks
 Geographic Indications
 Industrial Designs
 Patents
 Layout-Designs (Topographies) of Integrated
Circuits
 Protection of Undisclosed Information (n,
TRIPS).

Republic Act No. Section 3 - Micro, Small and Medium The entrepreneurs support economic growth,
9501 (Magna Carta Enterprises (MSMEs) as Beneficiaries. — generate employment, and produce new goods
for SMEs MSMEs shall be defined as any business activity or and services that can improve the world.
enterprise engaged in industry, agribusiness and/or
services, whether single proprietorship, cooperative,
partnership or corporation whose total assets, inclusive
of those arising from loans but exclusive of the land on
which the particular business entity’s office, plant and
equipment are situated.

Section 7 Micro, Small and Medium Enterprise

Development (MSMED) Council. — The existing
Small and Medium Enterprise Development Council,
which was created by Republic Act No. 6977, as
amended by Republic Act No. 8289, shall be
strengthened to effectively spur the growth and
development of MSMEs throughout the country, and
to carry out the policy declared in this Act and shall
now be known as the Micro, Small and Medium
Enterprise Development (MSMED) Council. The
Council shall be attached to the Department of Trade
and Industry and shall
be constituted within sixty (60) days after the approval
of this Act.”
R.A. 7394 Consumer Consumer Act of the Philippines (Republic Act The entrepreneurs support economic growth,
Act of Ph. No. 7394) – The law that protects the interest of generate employment, and produce new goods
the consumers in the Philippines, promote their and services that can improve the world.
general welfare, and establish standards of conduct
for business and industry.

Article 6. Implementing Agencies. — The

provisions of this Article and its implementing rules
and regulations shall be enforced.

R.A. 9178 BMBE Section 4. Registration and Fees - The Office of
Handbook the Treasurer of each city or municipality shall register
the BMBE's and issue a Certificate of Authority to
enable the BMBE to avail of the benefits under this
Act.
The entrepreneurs support economic growth,
generate employment, and produce new goods
and services that can improve the world.

Section 6. Transfer of Ownership - The BMBE

shall report to the city or municipality of any changer
in the status of its ownership structure, and shall
surrender the original copy of the BMBE Certificate of
Authority for notation of the transfer.
2. Visit DTI Website : https://www.dti.gov.ph/resources/laws-and-policies/
Read and identify which laws and policies may apply to your intended business, if you would pursue putting up your
own business. Refer to your answer in Worksheet No. 2.
Name/Nature of Business
Technology -Kitchen Appliances
Mini Garlic Skin Remove
Machine
Specific Laws/Policies for your Relate how the law applies in your
industry/Business business industry
 The Local Government Code of
the Philippines (Republic Act
No. 7160) – is the law governing
local taxation in the Philippines,
including the taxation on real
properties.
 Labor Code of the Philippines
(Presidential Decree No. 442) – is
the law that governs
employment practices and
labor relations in the
Philippines. (DOLE)
 Intellectual Property Code of the
Philippines (R.A. 8293) – is the
law that governs the registration
of patents, trademarks and
copyright, and the enforcement
of intellectual property rights in
the Philippines. (SEC)
 The Corporation Code of the
Philippines (B.P. 68) – is the law
that governs the registration
and regulation of corporations These laws may enable me to launch a
in the Philippines. (SEC) thriving company with the ideal
 Food and Drug Administration values, goals, and vision for the future
(FDA) Act of 2009 (R.A. No. of the enterprise.
9711) – the law that governs the
inspection, registration, licensing
and monitoring of establishments
and health products.
 Consumer Act of the Philippines
(Republic Act No. 7394) – The law
that protects the interest of
the consumers in the
Philippines, promote their
general welfare, and establish
standards of conduct for
business and industry.
 Electronic Commerce Act of
2000 (R.A. 8792) – an act
providing for the recognition and
use of electronic commercial and
non- commercial transactions,
penalties for the unlawful use
thereof, and for other purposes
3. Visit DTI Website : Read and familiarize yourself on the Registration Procedure in Business Registration to BIR and DTI.
Check the following links below.

NOTE: This activity is included in this Worksheet in order for the students to get familiar with the requirements and
procedures in registering Business name to BIR and DTI. NO NEED TO SUBMIT OUTPUTS FOR THIS ITEM.

1. https://bnrs.dti.gov.ph/?gclid=EAIaIQobChMI6qD3-LD69gIVlFVgCh3syA9jEAAYASAAEgKFzPD_BwE

2. How to Register online business to BIR and DTI. https://www.securitybank.com/blog/how-to-register-your-

online-business-in-bir-and-dti/

3. Business Registrations and Permits. https://www.dti.gov.ph/negosyo/business-registration-and-permits/

List of References:
1. https://blr.dole.gov.ph/2014/12/11/book-ii-human-resorces-development-program/
2. https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
3. https://www.officialgazette.gov.ph/2008/05/23/republic-act-no-9501/
4. https://www.officialgazette.gov.ph/constitutions/1987-constitution/

(TO BE SUBMITED ON OR BEFORE JANUARY 15, 2023.)