Article 134Labor and Agrarian Laws and Social Legislation, p. 134

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(4) Any person who wilfully violates the provisions of

Sections

forty

and

forty-one

of

this

Code

shall

be

punished by a fine of not less than one hundred pesos

nor more than one thousand pesos or by imprisonment

of not less than one month nor more than one year, or

both such fine and imprisonment, in the discretion of the

court. If any violation of Sections forty and forty-one of

this Code is committed by a corporation, partnership or

association, the manager or, in his default, the person

acting as such when the violation took place shall be

criminally responsible.

(5) Any person who wilfully violates the provisions of

Section forty-two of this Code shall, upon conviction

thereof, be subject to a fine of not more than two

thousand

pesos,

or

upon

second

conviction,

to

imprisonment of not more than one year or both such

fine and imprisonment, in the discretion of the court. If

any violation of the provisions of Section forty-two of this

Code is committed by a corporation, partnership or

association, the manager or, in his default, the person

acting as such when the violation took place shall be

criminally responsible.

(6) Any collusion between an agricultural lessee and an

agricultural lessor and between a vendor and a vendee

on installment sales to simulate agricultural contracts,

agricultural loans, or any application for benefits under

the Agrarian Reform Program shall be punishable by

imprisonment of not more than five years and a fine not

exceeding five thousand pesos.

The period for filing the corresponding criminal action for

any

criminal

violation

falling

under

the

foregoing

provisions of this section shall cease to run, whenever a

case is filed before the Court of Agrarian Relations for the

determination of a prejudicial question in relation to the

criminal action, until said determination has become

final. (Amendments to RA No. 3844 (Agricultural Land

Reform Code), Republic Act No. 6389, [September 10,

1971])

Section 168. Pending Application for Mechanization -

Any

provision

of

this

Code

to

the

contrary

notwithstanding,

any

application

for

mechanization

where

corresponding

certifications

for

suitability

for

mechanization and for availability for resettlement by the

Agricultural

Tenancy

Commission

and

the

National

Resettlement

and

Rehabilitation

Administration,

respectively, have been issued and proper notices served

on the tenants at least two months prior to the approval

of this Code shall be given due course and decided in

accordance

with

the

pertinent

provisions

and

requirements of Republic Act Numbered Eleven hundred

and ninety-nine, as amended.

Section 169. Personnel of Reorganized or Abolished

Agencies - Permanent officials and employees of all

existing government agencies which are abolished or

reorganized under this Code, subject to Civil Service Rules

and regulations, shall be absorbed and shall not be

divested of their positions except presidential appointees:

Provided, That those presidential appointees who cannot

be absorbed and such officials and employees who prefer

to be laid-off shall be given gratuity equivalent to one

month salary for every year of service but in no case more

than twenty-four month's salary, in addition to all benefits

to which they are entitled under existing laws and

regulations.

To carry out the provisions of this Section, there is hereby

appropriated the sum of five hundred thousand pesos

out of the unappropriated funds in the National Treasury.

Section 170. Budgeting and Disbursing of Appropriated

Funds - Any provision of this Code or of any existing law to

the contrary notwithstanding, not more than sixty per

centum of the specific appropriations provided in this

Code

for

operating

expenditures

shall

be

used

for

personnel services: Provided, That in the case of the

appropriations

for

the

Agricultural

Productivity

Commission not more than twenty per centum shall be

spent

for

office

personnel

and

other administrative

expenses

thereof:

Provided,

further,

That

the

total

operating

expenditures

of

the

Agricultural

Credit

Administration shall not exceed three per centum of its

total capitalization in addition to the allowance for losses

under Section one hundred ten: Provided, furthermore,

That

all

unexpended

balances

of

all

appropriations

provided in this Code for operating expenditures shall

revert to the National Treasury at the end of the fiscal

year

in

conformity

with

the

provisions

of

Section

twenty-three of Republic Act Numbered Nine hundred

ninety-two: And provided, finally, That all the financial

requirements of the various agencies established in this

Code for their operation except the Land Bank and the

Agricultural Credit Administration shall be proposed in

the President's budget in order that such appropriation

as may be necessary therefor may be provided in the

General Appropriation Acts for the succeeding fiscal

years.

Section 171. Separability of Provisions - If, for any reason,

any section or provision of this Code shall be questioned

in any court, and shall be held to the unconstitutional or

invalid, no other section or provision of this Code shall be

affected thereby.

Section 172. Prior Inconsistent Laws - All laws or parts of

any law inconsistent with the provisions of this Code are

hereby repealed.

Section 173. Effective Date - This Code shall take effect

upon its approval.

Approved: August 8, 1963

VII.

Social Legislation

RA No 6977 | Magna Carta for Micro,

Small and Medium Enterprises (MSMEs)

Previously, the Magna Carta for Small Enterprises, as

amended by RA Nos 8289, and 9501

Rules and Regulations Implementing the Magna

Carta for MSMEs

January 24, 1991

AN ACT TO PROMOTE, DEVELOP AND ASSIST

SMALL AND MEDIUM SCALE ENTERPRISES THROUGH

THE CREATION OF A SMALL AND MEDIUM ENTERPRISE

DEVELOPMENT (SMED) COUNCIL, AND THE

RATIONALIZATION OF GOVERNMENT ASSISTANCE

PROGRAMS AND AGENCIES CONCERNED WITH THE

DEVELOPMENT OF SMALL AND MEDIUM ENTERPRISES,

AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled: :

CHAPTER I

Section 1. Title . — This Act shall be known as the

"Magna Carta for Micro, Small and Medium Enterprises

(MSMEs)." (as amended by RA No 9501)

Section 2. Declaration of Policy . — Recognizing that

MSMEs

have

the

potential

for

more

employment

generation and economic growth and therefore can help

provide a self-sufficient industrial foundation for the

country, it is hereby declared the policy of the State to

promote, support,, strengthen and encourage the growth

and development of MSMEs in all productive sectors of

the economy particularly rural/agri-based enterprises. To

this end, the State shall recognize the specific needs of

the MSMEs and shall recognize the specific needs of the

MSMEs

and

shall

undertake

to

promote

entrepreneurship, support entrepreneurs, encourage the

establishments of MSMEs and ensure their continuing

viability

and

growth

and thereby attain countryside

industrialization by:

© Compiled By RGL

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