The Philippine Economic Zone Authority (PEZA) Board.
SEC. 11. The Philippine Economic Zone Authority (PEZA) Board. — There is hereby created a body corporate to be known as the Philippine Economic Zone Authority (PEZA) attached to the Department of Trade and Industry. The Board shall have a director general with the rank of a department undersecretary .who shall be appointed by the President. The director general shall be at least forty (40) years of age, of proven probity and integrity, and with a degree in economics, business, public administration, law, management or its equivalent.
The director general shall be assisted by three (3) deputy directors general each for policy and planning, administration and operations, who shall be appointed by the PEZA Board, upon the recommendation of the director general. The deputy directors general shall be at least thirty-five (35) years old, with proven probity and integrity and with a degree in economics, business, public administration, law, management or its equivalent. They must have career executive service eligibility.
The Board shall be composed of the director general as ex-officio chairman with eight (8) members as follows: the Secretaries or their representatives of the Department of Trade and Industry, the Department of Finance, the Department of Labor and Employment, the Department of the Interior and Local Government, the National Economic and Development Authority, and the Bangko Sentral ng Pilipinas, one (1) representative from the labor sector, and one (1) representative from the investors/business sector in the ECOZONE.
The existing Export Processing Zone Authority (EPZA) created under Presidential Decree No. 66 shall evolve into the PEZA in accordance with the guidelines and regulations set forth in an executive order issued for this purpose.
Members of the Board shall receive a per diem of not less than the amount equivalent to the representation and transportation allowances of the members of the Board and/or as may be determined by the Department of Budget and Management: Provided, however, That the per diem collected per month does not exceed the equivalent of four (4) meetings.
Functions and Powers of PEZA Board.
SEC. 12. Functions and Powers of PEZA Board. — The Philippine Economic Zone Authority (PEZA) Board shall have the following functions and powers:
Set the general policies on the establishment and operations of the ECOZONES, industrial estates, export processing zones, free trade zones, and the like;
Review proposals for the establishment of ECOZONES based on the set criteria under Section 6 and endorse to the President the establishment of the ECOZONES, industrial estates, export processing zones, free trade zones and the like. Thereafter, it shall facilitate and assist in the organization of said entities;
Regulate and undertake the establishment, operation and maintenance of utilities, other services and infrastructure in the ECOZONE, such as heat, light and power, water supply, telecommunications, transport, toll roads and bridges, port services, etc., and to fix just, reasonable and competitive rates, fares, charges and fees therefor;
Approve the annual budget of the PEZA and the ECOZONE development plans;
Issue rules and regulations to implement the provisions of this Act insofar as its powers and functions are concerned;
Exercise its powers and functions as provided for in this Act; and
Render annual reports to the President and the Congress.
General Powers and Functions of the Authority.
SEC. 13. General Powers and Functions of the Authority. — The PEZA shall have the following powers and functions:
To operate, administer, manage and develop the ECOZONE according to the principles and provisions set forth in this Act;
To register, regulate and supervise the enterprises in the ECOZONE in an efficient and decentralized manner;
To coordinate with local government units and exercise general supervision over the development, plans, activities and operations of the ECOZONES, industrial estates, export processing zones, free trade zones, and the like;
In coordination with local government units concerned and appropriate agencies, to construct, acquire, own, lease, operate and maintain on its own or through contract, franchise, license, bulk purchase from the private sector and build-operate-transfer scheme or joint venture, adequate facilities and infrastructure, such as light and power systems, water supply and distribution systems, telecommunications and transportation, buildings, structures, warehouses, roads, bridges, ports and other facilities for the operation and development of the ECOZONE;
To create, operate and/or contract to operate such agencies and functional units or offices of the authority as it may deem necessary;
To adopt, alter and use a corporate seal; make contracts, lease, own or otherwise dispose of personal or real property; sue and be sued; and otherwise carry out its duties and functions as provided for in this Act;
To coordinate the formulation and preparation of the development plans of the different entities mentioned above;
To coordinate with the National Economic and Development Authority (NEDA), the Department of Trade and Industry (DTI), the Department of Science and Technology (DOST) , and the local government units and appropriate government agencies for policy and program formulation and implementation; and
To monitor and evaluate the development and requirements of entities in subsection (a) and recommend to the local government units or other appropriate authorities the location, incentives, basic services, utilities and infrastructure required or to be made available for said entities .
Powers and Functions of the Director General.
SEC. 14. Powers and Functions of the Director General. — The director general shall be the overall coordinator of the policies, plans and programs of the ECOZONES. As such, he shall provide overall supervision over and general direction to the development and operations of these ECOZONES. He shall determine the structure and the staffing pattern and personnel complement of the PEZA and establish regional offices, when necessary, subject to the approval of the PEZA Board.
In addition, he shall have the following specific powers and responsibilities:
To safeguard all the lands, buildings, records, monies, credits and other properties and rights of the ECOZONE;
To ensure that all revenues of the ECOZONE are collected and applied in accordance with its budget;
To ensure that the investors/firms and employees of the ECOZONES are properly discharging their respective duties;
To give such information and recommend such measures to the Board, as he shall deem advantageous to the ECOZONE;
To submit to the Board, the ongoing and proposed projects, work and financial program, annual budget of receipts, and expenditures of the ECOZONE;
To represent the ECOZONE in all its business matters and sign on its behalf after approval of the Board, all its bonds, borrowings, contracts, agreements and obligations made in accordance with this Act;
To acquire jurisdiction, as he may deem proper, over the protests, complaints, and claims of the residents and enterprises in the ECOZONE concerning administrative matters;
To recommend to the Board the grant, approval, refusal, amendment or termination of the ECOZONE franchises, licenses, permits, contracts, and agreements in accordance with the policies set by the Board;
To require owners of houses, buildings or other structures constructed without the necessary permit whether constructed on public or private lands, to remove or demolish such houses, buildings, structures within sixty (60) days after notice and upon failure of such owner to remove or demolish such house, building or structure within said period, the director general or his authorized representative may summarily cause its removal or demolition at the expense of the owner, any existing law, decree, executive order and other issuances or part thereof to the contrary notwithstanding;
To take such emergency measures as may be necessary to avoid fires, floods and mitigate the effects of storms and other natural or public calamities;
To prepare and make out plans for the physical and economic development of the ECOZONE, including zoning and land subdivision, and issue such rules and regulations which shall be submitted to the Board for its approval; and
To perform such other duties and exercise such powers as may be prescribed by the Board, and to implement the policies, rules and regulations set by the PEZA.
Administration of Each ECOZONE.
SEC. 15. Administration of Each ECOZONE. — Each ECOZONE shall be organized, administered, managed and operated by the ECOZONE executive committee composed of the following:
The administrator who shall be appointed by the PEZA Board upon recommendation of the director general; and
One (1) deputy administrator to be appointed by the Board upon recommendation of the director general.
An ECOZONE advisory body shall be created with the following members:
The president of the association of investors in the ECOZONE;
The governor of the province where the ECOZONE is located;
The mayor/s of the municipality/ies or city/ies where the ECOZONE is located;
The president of an accredited labor union in the ECOZONE;
The representative of the business sector in the periphery of the ECOZONE; and
The representative of the PEZA.
The ECOZONE advisory body shall have the following functions:
Advise the ECOZONE management on matters pertaining to policy initiatives; and
Assist the ECOZONE management in settling problems arising between labor and any enterprise in the ECOZONE.
Salary and Other Emoluments.
SEC. 16. Salary and Other Emoluments. — The salary of the director general shall be in accordance with the revised compensation and position classification system.
Investigation and Inquiries.
SEC. 17. Investigation and Inquiries. — Upon a written formal complaint made under oath, which on its face provides reasonable basis to believe that some anomaly or irregularity might have been committed, the PEZA or the administrator of the ECOZONE concerned, shall have the power to inquire into the conduct of firms or employees of the ECOZONE and to conduct investigations, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidences: Provided, That to arrive at the truth, the investigator (s) may grant immunity from prosecution to any person whose testimony or whose possessions of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by him or under the authority of the PEZA or the administrator of the ECOZONE concerned.
Prohibition Against Holding Any Other Office.
SEC. 18. Prohibition Against Holding Any Other Office. — The director general, deputy directors general, administrators, officials and staff or assistants of the PEZA shall not hold any other office or employment within or outside the PEZA during their tenure. They shall not, during their tenure, directly or indirectly, practice any profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the PEZA or national government, or any subdivision, agency, or instrumentality thereof, including any government-owned or -controlled corporation, or its subsidiary.
Disbursement of Funds.
SEC. 19. Disbursement of Funds. — No money shall be paid out of the funds of any ECOZONE except in pursuance of the budget as formulated and approved by the PEZA.
Full Disclosure of Financial and Business Interests.
SEC. 20. Full Disclosure of Financial and Business Interests. — Every member of the Board of the PEZA, the director general, the deputy directors general, and their staff shall, upon assumption of office, make full disclosure of their financial and business interests.
CHAPTER IIIOPERATIONS WITHIN THE ECOZONE
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
