(G) Philippine Green Jobs Act of 2016 (REPUBLIC ACT No. 10771)
(G) Philippine Green Jobs Act of 2016 (REPUBLIC ACT No. 10771)
10771]
SECTION 1. Short Title. – This Act shall be known as the “Philippine Green Jobs Act of 2016”.
(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.
(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 purpose 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 business deductions for said expenses under the National Internal Revenue
Code of 1997, as amended; and
(b) Tax and duty free importation of capital equipment: Provided, That the capital equipment is
actually, directly and exclusively used in the promotion of green jobs of the business enterprise.
Incentives that will be granted under this Act shall be in addition to fiscal and non-fiscal incentives
already granted or provided under existing laws, orders, issuances and regulations. Nothing in this
Act shall be interpreted or construed to diminish or limit, in whatever manner, the incentives granted
or provided under existing laws, orders, issuances and regulations which shall include, but not
limited to, Republic Act No. 10121 or the “Philippine Disaster Risk Reduction and Management Act
of 2010”; Republic Act No. 10068 or the “Organic Agriculture Act of 2010”; Republic Act No. 9513 or
the “Renewable Energy Act of 2008”; Republic Act No. 9367 or the “Biofuels Act of 2006”; Republic
Act No. 9275 or the “Philippine Clean Water Act of 2004”; Republic Act No. 9003 or the “Ecological
Solid Waste Management Act of 2000”; Republic Act No. 8749 or the “Philippine Clean Air Act of
1999”; and Republic Act No. 8550 or the “Philippine Fisheries Code of 1998”.
(a) The Department of Labor and Employment (DOLE) shall, in coordination with other government
agencies, formulate a National Green Jobs Human Resource Development Plan on the
development, enhancement and utilization of the labor force, both in the private and public sectors.
The plan shall have the primary objective of enabling and sustaining the transition into a green
economy and the generation of green jobs towards more employment and equal opportunities and
the promotion of social justice and workers’ welfare. It shall include programs, projects, and activities
pertaining to basic, higher and technical-vocational education and training, database that identifies
and links green job opportunities with private and public entities, and information on knowledge and
skill requirements of a green economy.
The DOLE, in coordination with the Philippine Statistics Authority (PSA), shall also maintain a
database of green careers, professions and skills, as well as a list of emerging business enterprises,
which generate and sustain green jobs. It shall facilitate skills training assessment and certification,
career advocacy, provide productivity and livelihood training, and extend technical assistance to
enterprises to ensure labor law compliance.
(b) The Department of Finance (DOF) shall administer the grant of incentives as discussed in
Section 5 of this Act to qualified individuals and business enterprises engaged in registered strategic
activities, and shall maintain a database on the same.
(c) The Department of Environment and Natural Resources (DENR) shall establish and maintain a
climate change information management system and network as reference in the formulation of
strategies and approaches to develop potential green jobs.
(d) The Department of Education (DepED) shall implement faculty, facility and curriculum
development for primary and secondary education in support of the knowledge and skills
requirement of a green economy.
(e) The Commission on Higher Education (CHED) shall develop and implement curriculum and
related standards and instructional materials in support of the green economy.
(f) The Technical Education and Skills Development Authority (TESDA) shall formulate the
necessary training regulations for the implementation of skills training, program registration and
assessment and certification in support of the requirements for skilled manpower of the green
economy.
(g) The National Economic and Development Authority (NEDA) shall ensure the mainstreaming of
green jobs concern in development plans.
(h) The Department of Trade and Industry (DTI) shall develop a special business facilitation program
for individuals and business enterprises that create green jobs.
(i) The Professional Regulation Commission (PRC) shall encourage the development of
qualifications framework that can facilitate the recognition of knowledge, skills, and competencies of
professionals working in the green economy.
(j) The Department of Science and Technology (DOST) shall, together with the TESDA, assist the
DOLE in analyzing skills, training and re-training needs in relation to the use of green technology
that has the potential to create new green occupations and greener jobs, especially in industries or
sectors undergoing structural changes due to climate change and greening of the economy. It shall
also provide a range of business development support to MSMEs. These may include prototyping or
modeling of technologies, conducting assessment to match technological needs and demands,
subcontracting business to develop clean technologies, providing technical written guides,
procedures as well as instructions and training on clean technology for business.
(k) The Department of Transportation and Communications (DOTC) shall ensure the mainstreaming
of green jobs concern in its sectoral development plan and encourage more investments in public
transport infrastructure and services to optimize the potential of public transport to foster green
growth and job creation. It shall also explore strategies of shifting to more environmentally friendly
modes of transport and improving the efficiency of all modes of transportation.
(l) The Department of Tourism (DOT) shall outline sustainable tourism planning and integrated
approach for the promotion of job rich sustainable tourism industry.
(m) The Department of Public Works and Highways (DPWH) shall develop and implement programs
that promote the importance of green building practices in safeguarding the environment and its role
in sustainable economic development.
(n) Any provision in their respective charters to the contrary notwithstanding, government financial
institutions (GFIs) shall, in consultation with the Bangko Sentral ng Pilipinas (BSP), provide
preferential financial packages to business enterprises that create green jobs.
(o) The Climate Change Commission (CCC), in consultation with concerned agencies, such as the
DENR, the DTI, the DOLE, the Department of Agriculture (DA), the Department of Energy. (DOE),
the Department of the Interior and Local Government (DILG), and the DOST, shall develop and
administer appropriate standards for the assessment and certification of green goods and services,
and green technologies and practices for the purpose of regulating the availment of incentives and
ensuring green jobs content pursuant to the National Green Jobs Human Resource Development
Plan as provided in Section 6(a) hereof.
SECTION 7. Role of the Secretary of Labor and Employment. – The Secretary of Labor and
Employment shall be included as an additional member of the Climate Change Commission
constituted under Section 5 of Republic Act No. 9729, as amended or the “Climate Change Act of
2009”.
SECTION 8. Appropriations. – The amount necessary to carry out the operation of this Act shall be
included in the annual General Appropriations Act.
SECTION 9. Implementing Rules and Regulations. – Within one hundred eighty (180) days from the
effectivity of this Act, the Secretary of Labor and Employment, in coordination with concerned
agencies as may be deemed necessary, shall formulate the necessary rules and regulations to
implement the provisions of this Act.
SECTION 10. Separability Clause. – Should any provision of this Act be declared unconstitutional,
the remainder thereof not otherwise affected shall remain in full force and effect.
SECTION 11. Repealing Clause. – Section 5 of Republic Act No. 9729, as amended or the “Climate
Change Act of 2009”, is deemed amended or modified by Section 7 of this Act. All other existing
laws, presidential decrees, executive orders, proclamations or administrative regulations that are
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 12. Effectivity. – This Act shall take effect fifteen (15) days following the completion of its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
Senate Bill No. 3092, which was approved by the Senate on February 1, 2016, was adopted as an
amendment to House Bill No. 6100 by the House of Representatives on February 2, 2016.
SECTION 1. Short Title. – This Act shall be known as the “Philippine Green Jobs Act of 2016”.
(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.
(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 purpose 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 business deductions for said expenses under the National Internal Revenue
Code of 1997, as amended; and
(b) Tax and duty free importation of capital equipment: Provided, That the capital equipment is
actually, directly and exclusively used in the promotion of green jobs of the business enterprise.
Incentives that will be granted under this Act shall be in addition to fiscal and non-fiscal incentives
already granted or provided under existing laws, orders, issuances and regulations. Nothing in this
Act shall be interpreted or construed to diminish or limit, in whatever manner, the incentives granted
or provided under existing laws, orders, issuances and regulations which shall include, but not
limited to, Republic Act No. 10121 or the “Philippine Disaster Risk Reduction and Management Act
of 2010”; Republic Act No. 10068 or the “Organic Agriculture Act of 2010”; Republic Act No. 9513 or
the “Renewable Energy Act of 2008”; Republic Act No. 9367 or the “Biofuels Act of 2006”; Republic
Act No. 9275 or the “Philippine Clean Water Act of 2004”; Republic Act No. 9003 or the “Ecological
Solid Waste Management Act of 2000”; Republic Act No. 8749 or the “Philippine Clean Air Act of
1999”; and Republic Act No. 8550 or the “Philippine Fisheries Code of 1998”.
(a) The Department of Labor and Employment (DOLE) shall, in coordination with other government
agencies, formulate a National Green Jobs Human Resource Development Plan on the
development, enhancement and utilization of the labor force, both in the private and public sectors.
The plan shall have the primary objective of enabling and sustaining the transition into a green
economy and the generation of green jobs towards more employment and equal opportunities and
the promotion of social justice and workers’ welfare. It shall include programs, projects, and activities
pertaining to basic, higher and technical-vocational education and training, database that identifies
and links green job opportunities with private and public entities, and information on knowledge and
skill requirements of a green economy.
The DOLE, in coordination with the Philippine Statistics Authority (PSA), shall also maintain a
database of green careers, professions and skills, as well as a list of emerging business enterprises,
which generate and sustain green jobs. It shall facilitate skills training assessment and certification,
career advocacy, provide productivity and livelihood training, and extend technical assistance to
enterprises to ensure labor law compliance.
(b) The Department of Finance (DOF) shall administer the grant of incentives as discussed in
Section 5 of this Act to qualified individuals and business enterprises engaged in registered strategic
activities, and shall maintain a database on the same.
(c) The Department of Environment and Natural Resources (DENR) shall establish and maintain a
climate change information management system and network as reference in the formulation of
strategies and approaches to develop potential green jobs.
(d) The Department of Education (DepED) shall implement faculty, facility and curriculum
development for primary and secondary education in support of the knowledge and skills
requirement of a green economy.
(e) The Commission on Higher Education (CHED) shall develop and implement curriculum and
related standards and instructional materials in support of the green economy.
(f) The Technical Education and Skills Development Authority (TESDA) shall formulate the
necessary training regulations for the implementation of skills training, program registration and
assessment and certification in support of the requirements for skilled manpower of the green
economy.
(g) The National Economic and Development Authority (NEDA) shall ensure the mainstreaming of
green jobs concern in development plans.
(h) The Department of Trade and Industry (DTI) shall develop a special business facilitation program
for individuals and business enterprises that create green jobs.
(i) The Professional Regulation Commission (PRC) shall encourage the development of
qualifications framework that can facilitate the recognition of knowledge, skills, and competencies of
professionals working in the green economy.
(j) The Department of Science and Technology (DOST) shall, together with the TESDA, assist the
DOLE in analyzing skills, training and re-training needs in relation to the use of green technology
that has the potential to create new green occupations and greener jobs, especially in industries or
sectors undergoing structural changes due to climate change and greening of the economy. It shall
also provide a range of business development support to MSMEs. These may include prototyping or
modeling of technologies, conducting assessment to match technological needs and demands,
subcontracting business to develop clean technologies, providing technical written guides,
procedures as well as instructions and training on clean technology for business.
(k) The Department of Transportation and Communications (DOTC) shall ensure the mainstreaming
of green jobs concern in its sectoral development plan and encourage more investments in public
transport infrastructure and services to optimize the potential of public transport to foster green
growth and job creation. It shall also explore strategies of shifting to more environmentally friendly
modes of transport and improving the efficiency of all modes of transportation.
(l) The Department of Tourism (DOT) shall outline sustainable tourism planning and integrated
approach for the promotion of job rich sustainable tourism industry.
(m) The Department of Public Works and Highways (DPWH) shall develop and implement programs
that promote the importance of green building practices in safeguarding the environment and its role
in sustainable economic development.
(n) Any provision in their respective charters to the contrary notwithstanding, government financial
institutions (GFIs) shall, in consultation with the Bangko Sentral ng Pilipinas (BSP), provide
preferential financial packages to business enterprises that create green jobs.
(o) The Climate Change Commission (CCC), in consultation with concerned agencies, such as the
DENR, the DTI, the DOLE, the Department of Agriculture (DA), the Department of Energy. (DOE),
the Department of the Interior and Local Government (DILG), and the DOST, shall develop and
administer appropriate standards for the assessment and certification of green goods and services,
and green technologies and practices for the purpose of regulating the availment of incentives and
ensuring green jobs content pursuant to the National Green Jobs Human Resource Development
Plan as provided in Section 6(a) hereof.
SECTION 7. Role of the Secretary of Labor and Employment. – The Secretary of Labor and
Employment shall be included as an additional member of the Climate Change Commission
constituted under Section 5 of Republic Act No. 9729, as amended or the “Climate Change Act of
2009”.
SECTION 8. Appropriations. – The amount necessary to carry out the operation of this Act shall be
included in the annual General Appropriations Act.
SECTION 9. Implementing Rules and Regulations. – Within one hundred eighty (180) days from the
effectivity of this Act, the Secretary of Labor and Employment, in coordination with concerned
agencies as may be deemed necessary, shall formulate the necessary rules and regulations to
implement the provisions of this Act.
SECTION 10. Separability Clause. – Should any provision of this Act be declared unconstitutional,
the remainder thereof not otherwise affected shall remain in full force and effect.
SECTION 11. Repealing Clause. – Section 5 of Republic Act No. 9729, as amended or the “Climate
Change Act of 2009”, is deemed amended or modified by Section 7 of this Act. All other existing
laws, presidential decrees, executive orders, proclamations or administrative regulations that are
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
SECTION 12. Effectivity. – This Act shall take effect fifteen (15) days following the completion of its
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
Senate Bill No. 3092, which was approved by the Senate on February 1, 2016, was adopted as an
amendment to House Bill No. 6100 by the House of Representatives on February 2, 2016.