(This is a proposed law filed during the 1st regular session of the 14th Congress. The sponsors of this bill are: SILVERIO, DEFENSOR (A.), GONZALEZ, CERILLES, ALMARIO, MAGSAYSAY, CHATTO, YU, CAGAS,PIAMONTE, BARZAGA, DUMPIT, BAGATSING, COQUILLA, CASIÑO, BELTRAN, PADILLA, GOLEZ AND DEL MAR. Here’s the full text of House Bill 3825, proposing a law which shall also be known as the “Government Employees’ Entrepreneurship Development Act of 2008”.)
House Bill No. 3825
AN ACT PROVIDING FOR THE DEVELOPMENT OF ENTREPRENEURSHIP SKILLS AMONG GOVERNMENT EMPLOYEES FOR AN INNOVATION-INSPIRED CORPS OF CIVIL SERVANTS AND A PRODUCTIVE POST-SERVICE CITIZENRY
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. – This Act shall be known as the “Government Employees’ Entrepreneurship Development Act of 2008”.
SEC. 2. Declaration of Policy. – It shall be the policy of the State to enhance the human and intellectual capital of the government and to ensure a healthy and productive life for government employees after they shall have been retired from public service. The State shall afford post-service assistance for purposes of allowing the retirees to further discover, evaluate and exploit ideas and business opportunities which may be translated into business ventures.
SEC. 3. Objectives. – (a) To ensure the continuous flow of innovative and development-oriented government programs and projects for entrepreneurial development; and (b) To ensure the maintenance of highly competitive government employees and the creative use of such resources whether in-service or postservice.
SEC. 4. Establishment of Entrepreneurial Programs. – All government offices and agencies shall prepare a post-service Entrepreneurship Development Program (EDP) for its employees based on guidelines prescribed by the Civil Service Commission. The EDP shall be designed in such a manner as to help employees learn what they need to know to develop ideas and actualize them into successful businesses, and how to increase entrepreneurial opportunities in their respective municipalities, provinces and regions. The EDP shall introduce employees to technology transfer systems, entrepreneurial educational programs and entrepreneurial networks.
SEC. 5. Establishment of Cooperatives and Savings and Loan Associations. – All government agencies shall promote and support the establishment of cooperatives with the assistance of the Cooperative Development Authority and savings and loan associations, by recognizing, protecting and upholding the rights of employees to organize cooperatives and savings and loan associations in their respective offices to generate financial resources and develop employees’ entrepreneurial skills. Cooperatives and savings and loan associations shall be encouraged to retain the membership of employees even after retirement from public service. Government employees’ cooperatives shall be given preferential rights to operate revenue-generating activities in available government-owned sites and facilities: Provided, That these activities shall not interfere with the performance of the employees’ regular duties and functions.
SEC. 6. Networking with Government Financial Institutions. – The agency head concerned shall link with existing government financial institutions (GFIs) to provide sources of financing for the entrepreneurial projects of its employees. Experts from the GFIs shall be called upon to conduct lectures, workshops and live case studies of successful entrepreneurs. Participants shall be taught to identify and evaluate opportunities for new ventures and to understand how the capital investment process works. All GFIs shall set aside funds for this purpose.
SEC. 7. Creation of a Coordinating Council on Government Employees’ Entrepreneurship Development Program. – A Coordinating Council on Government Employees’ Entrepreneurship Development Program, herein referred to as the Council, is hereby created which shall be headed by the Chairperson of the Civil Service Commission (CSC) and composed of, but not limited to, the heads of office of the following: Department of Trade and Industry (DTI), Department of Budget and Management (DBM), the Commission on Audit (COA), Government Service Insurance System (GSIS), Cooperative Development Authority (CDA), Technical Education and Skills Development Authority (TESDA), Technology and Livelihood Resource Center (TLRC), Bureau of Small and Medium Enterprise Development and four (4) representatives from the public sector unions representing the four (4) sub-sectors, namely: the national government, the local government units, government-owned and -controlled corporations and state universities and colleges. The Council shall be tasked to prepare a comprehensive plan to develop entrepreneurial capabilities, managerial expertise, financial planning and technical skills and fund sources, as well as to monitor the implementation of the program.
SEC. 8. Post-Service Assistance. – All government agencies shall extend post-service assistance to their retirees and shall include this function in their Human Resources Department (HRD). The HRD shall develop a postservice assistance program to backstop aspiring entrepreneurs in the development and implementation of their ideas. The program shall cover the entire gamut of venture creation process from idea generation to building viable businesses, with emphasis on the nurturing roles of GFIs and highlighting successful entrepreneurs as models.
SEC. 9. Application of Pertinent Law. – The provision of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, under Section 7, on Prohibited Acts and Transactions, subparagraphs (a), (b) and (c), shall be observed in the implementation of this Act.
SEC. 10. Implementing Rules and Regulations. – The Civil Service Commission, in coordination with the members of the Council, shall promulgate the rules and regulations needed to implement the provisions of this Act.
SEC. 11. Separability Clause. – If any section or provision of this Act shall be declared invalid or unconstitutional, such shall not invalidate any other section or provision of this Act.
SEC. 12. Repealing Clause. – All laws, presidential decrees, executive orders, other executive issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 13. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a national newspaper of general circulation.