“Do
you think the government should require companies to have CSR programs?” This was a question raised in one of our
MBA-CSR sessions. Personally, I don’t
think this should be a government requirement.
Corporate Social Responsibility (CSR) programs should be sincerely and
voluntarily implemented, rather than being forced to business organizations.
In
2013, House Bill (HB) 306 was introduced by the former president, Gloria
Macapacal Arroyo, as well as her son, Diosdado “Dado” Macapagal Arroyo. This act is known as “Corporate Social
Responsibility Act of 2013”, “an act encouraging corporate social
responsibility, providing incentives therefor, and for other purposes”. Under this bill, companies are encouraged,
not required, to voluntarily contribute to sustainable economic
development. Section 43 of Batas
Pambansa Blg 68, or the “Corporation Code of the Philippines” was amended as
follows: “Stock corporations are prohibited from retaining surplus profits in
excess of one hundred (100%) percent of their paid-in capital stock, except:
(1) when justified by definite corporate expansion OR CORPORATE SOCIAL RESPONSIBILITY projects and programs
approved by the board of directors…”. Under
this bill, the state shall “give national recognition and rewards to all
business organizations for outstanding, innovative and world-class CSR-related
services, projects and programs;” spending
for these CSR programs are also be entitled to full deductibility from gross
income; local government units can provide assistance “necessary for business
organizations to perform their CSR;” and that “all business organizations shall
submit the list of their CSR activities as part of their annual or regular
report to the Securities and Exchange Commission, the Department of Trade and
Industry, or the Department of Finance.”
When I first read about this HB, I was
pleased that the government is actually promoting CSR to local
organizations. But on the second
thought, I felt that there’s an underlying agenda on this HB, probably because
of my bias on the authors of this HB. As
the public knows, our former president faced various plunder and graft
cases. And yet, I find it ironic that
they are actually authoring this HB.
CSR, as I have learned in my MBA-CSR class, is how companies contribute to
society through good business practice. But
have the authors of this HB done a responsible government practice during their
term? If the plunder and graft cases
were true, how confident are we that this HB will be applied by the companies
responsibly? How good is the intention
of the authors? In this HB, companies
can already use its CSR projects as a justification for retaining their surplus
profits. Should the companies exceed
their surplus profits beyond their paid-in capital stock, and these are not
justified, they will be subjected to certain taxes and penalties. Because of my bias on the authors of this HB,
I believe that this will just be used for some forms of concealment and tax
avoidance.
The HB also mentioned (but not limited to)
the following activities as forms of CSR activities: “charitable programs and
projects, scientific research, youth and sports development, cultural or
educational promotion, services to veterans and senior citizens, social
welfare, environmental sustainability, health development, disaster relief and
assistance, and employee and worker welfare related CSR activities.” CSR in general, should not be an exclusive
project only, and it should form part of the company’s daily operations. On accounting perspective, I find it hard how
to distinguish the costs between CSR and non-CSR programs, particularly for
organizations who are already embedding CSR in their core business
operations. Providing a safe workplace
and fair compensation to employees are already forms of CSR. Will our local government consider these as
CSR activities as well? CSR, based on
one of the videos that we have watched in class, is how companies earn profits, and not how they spend it. With this bill, the people will continue
to perceive CSR otherwise, and be misled to believe that CSR is how companies
spend money (on charitable or philanthropic giving), and not how they
responsibly earn their profits.