Article 34Labor and Agrarian Laws and Social Legislation, p. 34

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

SECTION 52. Penal Clause . — (a) Any person who

violates any provision of this Act shall suffer the following

penalties:

(1) For the first violation, a fine of not less than

Fifty thousand pesos (P50,000.00) but not

exceeding

One

hundred

thousand

pesos

(P100,000.00) or imprisonment of not less

than six months but not more than two years,

or both at the discretion of the court; and

(2) For any subsequent violation, a fine of not less

than

One

hundred

thousand

pesos

(P100,000.00)

but

not

exceeding

Two

hundred thousand pesos (P200,000.00) or

imprisonment for not less than two years but

not more than six years, or both at the

discretion of the court.

(b) Any person who abuses the privileges granted

herein shall be punished with imprisonment of not less

than six months or a fine of not less than Five thousand

pesos (P5,000.00), but not more than Fifty thousand

pesos (P50,000.00), or both, at the discretion of the court.

(c) If the violator is a corporation, organization or any

similar entity, the officials thereof directly involved shall

be liable therefor.

(d) If the violator is an alien or a foreigner, he shall be

deported immediately after service of sentence without

further deportation proceedings.

Upon filing of an appropriate complaint, and after

due notice and hearing, the proper authorities may also

cause the cancellation or revocation of the business

permit, permit to operate, franchise and other similar

privileges granted to any business entity that fails to

abide by the provisions of this Act. (As amended by RA

No. 9442, [April 30, 2007])

SECTION

53.

Appropriations .

—

The

amount

necessary to carry out the provisions of this Act shall be

included in the General Appropriations Act of the year

following its enactment into law and thereafter.

SECTION 54. Separability Clause . — Should any

provisions of this Act be found unconstitutional by a court

of

law,

such

provisions

shall

be

severed

from

the

remainder of the Act, and such action shall not affect the

enforceability of the remaining provisions of this Act.

SECTION

55.

Repealing

Clause .

—

All

laws,

presidential

decrees, executive orders and rules and

regulations inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

SECTION 56. Effectivity . — This Act shall take effect

fifteen (15) days after its publication in any two (2)

newspapers of general circulation.

Approved: March 24, 1992

Published

in

the

Philippine

Times

Journal

and

Malaya on March 28, 1992. Published in the Official

Gazette, Vol. 88 No. 18 page 2537 on May 4, 1992.

(Magna Carta for Disabled Persons, Republic Act No.

7277, [March 24, 1992])

RA No 10771 | Philippine Green Jobs Act

of 2016

Rules and Regulations Implementing the Philippine

Green Jobs Act of 2016

April 29, 2016

AN ACT PROMOTING THE CREATION OF GREEN

JOBS, GRANTING INCENTIVES AND APPROPRIATING

FUNDS THEREFOR

SECTION 1. Short Title. — This Act shall be known as

the "Philippine Green Jobs Act of 2016".

SECTION 2. Declaration of Policy . — It is the declared

policy of the State to:

(a) Affirm labor as a primary social economic force in

promoting sustainable development;

(b) Afford full protection to labor, local and overseas,

organized

and

unorganized,

and

promote

full

and

productive employment and equality of employment

opportunities for all; and

(c) Promote the rights of the people to a balanced

and healthful ecology in accord with the rhythm and

harmony of nature.

The State shall identify needed skills, develop training

programs, and train and certify workers for jobs in a range

of industries that produce goods and render services for

the

benefit

of

the

environment,

conserve

natural

resources for the future generation, and ensure the

sustainable development of the country and its transition

into a green economy. In recognition of the participation

of individuals and business enterprises in jobs creation,

the State shall provide incentives therefor.

SECTION 3. Coverage. — This Act shall apply to all

business enterprises unless otherwise provided herein.

SECTION 4. Definition of Terms. — As used in this

Act:

(a)

Business

enterprises

refer

to

establishments

engaged in the production, manufacturing, processing,

repacking, assembly, or sale of goods and/or services,

including service-oriented enterprises. It shall include

self-employed or own-account workers, micro, small, and

medium

enterprises

(MSMEs)

and

community-based

business enterprises;

(b) Climate change refers to a change in climate that

can be identified by changes in the mean or variability of

its properties and that persists for an extended period

typically decades or longer, whether due to natural

variability or as a result of human activity;

(c) Green jobs refer to employment that contributes

to preserving or restoring the quality of the environment,

be

it in the agriculture, industry or services sector.

Specifically, but not exclusively, this include jobs that help

to protect ecosystems and biodiversity, reduce energy,

materials

and

water

consumption

through

high

efficiency

strategies,

decarbonize

the

economy,

and

minimize or altogether avoid generation of all forms of

waste and pollution. Green jobs are decent jobs that are

productive, respect the rights of workers, deliver a fair

income, provide security in the workplace and social

protection for families, and promote social dialogue.

(d) Green economy refers to one which is low-carbon

and resource-efficient, and results in the generation of

green jobs and in improved human well-being and social

equity, while significantly reducing environmental risks

and ecological scarcities;

(e) Green goods and services refer to goods and

services that benefit the environment or conserve natural

resources, and may include research and development,

installation and maintenance services;

(f) Green technologies refer to the development and

application of products, equipment and systems used to

conserve the environment and natural resources; and

(g) Sustainable development refers to development

that meets the needs of the present generation without

compromising the ability of the future generations to

meet their own needs.

SECTION

5.

Incentives.

—

For

the

purposes

of

encouraging

business

enterprises

to

generate

and

sustain green jobs as certified by the Climate Change

Commission, as provided in Section 6 (o) hereof, business

enterprises shall enjoy the following incentives:

(a)

Special

deduction

from

the

taxable

income

equivalent to fifty percent (50%) of the total expenses for

skills training and research development expenses which

is over and above the allowable ordinary and necessary

© Compiled By RGL

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