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Province of Sorsogon
CITY OF SORSOGON
Offi ce of the Sangguniang Panlungsod
1.
The
City
shall
encourage
private
Filipino
and
foreign
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4. The City considers the private sector as the prime mover for
economic growth. In this regard, private initiative is to be
encouraged, with deregulation and self-regulation of business
activities to be generally adopted where dictated by urgent social
concerns.
6. The City recognize that there are appropriate roles for local
and foreign capital to play in the development of the its economy
and that it is the responsibility of the City Government to define
these roles and provide the climate for their entry and growth.
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8.
Fiscal
incentives
shall
be
extended
to
stimulate
the
Article 3: Coverage -
This
ordinance shall
cover
all business
those
involve
in
low
cost
subdivision,
Community
Mortgage
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Those
engaged
in
developing
subdivision,
apartments,
FOR THOSE
ENVIRONMENT
INVOLVE
IN
AGRICULTURE,
FISHERY
AND
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Page 5
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CHAPTER II
THE SORSOGON CITY INVESTMENT COUNCIL
banking,
commerce,
industry,
agriculture,
engineering,
law,
management or labor.
Article 8. Powers and Duties of the Council. The Council shall be responsible
for the regulation and promotion of investments in the City. It shall meet as
SORSOGON CITY INVESTMENT ORDINANCE
Page 7
often as may be twice a month on such day as it may fix. Notice of regular
and special meetings shall be given all members of the Council. The
presence of four (4) members of the Council shall constitute a quorum and
the affirmative vote of four (4) members in a meeting validly held shall be
necessary to exercise its powers and perform its duties, which shall be as
follows:
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of
Investment,
shall
no
longer
qualify
under
this
paragraph;
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enterprise;
Provided,
That
the
total
period
of
availment shall not exceed ten (10) years, subject to any of the
following criteria: (a) The registered enterprise has suffered
operational force majeure that has impaired its viability; (b) The
registered enterprise has not fully enjoyed the incentives granted
to it for reasons beyond its control; (c) The project of the
registered enterprise has a gestation period which goes beyond
the period of availment of needed incentives; and (d) The
operation of the registered enterprise has been subjected to
unforeseen
changes
in
government
policies,
particularly,
development
programs
and
gather
and
compile
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(13)
Submit
annual
reports
to
the
City
Mayor
and
the
Article 9. Powers and Duties of the Chairman. The Chairman shall have the
following powers and duties: (1) To preside over the meetings of the Board;
(2) To render annual reports and such special reports as may be requested;
(3) To act as liaison between investors seeking joint venture arrangements in
particular areas of investments; (4) Recommend to the Council such policies
and measures he may deem necessary to carry out the objectives of this
Code; and (5) Generally, to exercise such other powers and perform such
other duties as may be directed by the Board of Governors from time to time.
Article 10. Powers and Duties of the Co-Chairman. The Co-Chairman shall
have the following powers and duties: (1) To act as Managing Head of the
Council; (2) To preside over the meetings of the Council in the absence of the
Chairman; (3) Prepare the Agenda for the meetings of the Council and submit
for its consideration and approval the policies and measures which the
Chairman deems necessary and proper to carry out the provisions of this
Ordinance; (4) Assist registered enterprises and prospective investors to
have their papers processed with dispatch by the city government or any of
its agencies and instrumentalities; and (5) Perform the other duties of the
Chairman in the absence of the latter, and such other duties as may be
assigned to him by the Council.
CHAPTER III
DEFINITIONS OF TERMS
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Article 11. The following terms, as used in this ordinance shall mean as
follows:
(a) "Council" shall mean the SORSOGON CITY INVESTMENT COUNCIL under
this Ordinance.
(b)
"Registered
Enterprises"
shall
mean
any
individual,
partnership,
companies,
brokers
and
dealers
in
securities,
consumers
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corporations must be owned and held by the citizens of the Philippines and
at least sixty per cent (60%) of the members of the Board of Directors of
both corporations must be citizens of the Philippines in order that the
corporation shall be considered a Philippine national.
(d) "Preferred areas of investments" shall mean the economic activities that
the Council shall have declared as such in accordance with the authority
vested upon it by this Ordinance which shall be either non-pioneer or
pioneer.
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(h) "Tax credit" shall mean any of the credits against local taxes equal to
those actually paid.
(i) "Production cost" shall mean the total of the cost of direct labor, raw
materials, and manufacturing overhead, determined in accordance with
generally
accepted
accounting
principles,
which
are
incurred
in
(j) "Processing" shall mean converting of raw materials into marketable from
through physical, mechanical, chemical, electrical, biochemical, biological or
other means or by a special treatment or a series of actions, such as
slaughtering, milling, pasteurizing, drying or dessicating, quick freezing, that
results in a change in the nature or state of the products. Merely packing or
packaging shall not constitute processing.
(k) "Annual Investment Plan" shall mean the over-all plan prepared by the
Council, duly approved by the City Development Council and which includes
and contains:
to
be
grown,
processed
or
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(b)
Specific
activities
where
the
potential
for
representatives
or
distributors
who
are domiciled
in
the
Philippines for a period or periods totalling one hundred eighty (180) days or
more; participating in the management, supervision or control of any
domestic business firm, entity or corporation in the Philippines, and any
other act or acts that imply a continuity of commercial dealings or
arrangements and contemplate to that extent the performance of acts or
works, or the exercise of some of the functions normally incident to, and in
progressive prosecution of, commercial gain or of the purpose and object of
the business organization.
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CHAPTER IV
ANNUAL INVESTMENT PLAN
Article 12. Annual Investment Plan. Not later than the end of September of
every year, the City Investment Council, after consultation with the
appropriate government agencies, the private sector and other stakeholders,
shall submit to the City Mayor and the Sangguniang Panlungsod Annual
Investment Plan: Provided, however, That the deadline for submission, may
be extended by the City Mayor;
economically,
technically
and
financially
sound
after
thorough
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(d)
The
market
considerations
of
and
the
technical
activity
aspects
proposed
to
and
be
included.
Article 14. Approval of the Annual Investment Plan. The City Mayor shall
proclaim the whole or part of such plan as in effect and submit the same to
the City Development Council for approval; or alternatively, return the whole
or part of the plan to the Council for revision.
Upon the effectivity of the plan or portions thereof, the City Mayor shall issue
all necessary directives to all departments, agencies or instrumentalities of
the City Government to ensure the implementation of the plan by the
agencies concerned in a synchronized and integrated manner. No agency of
the City Government shall adopt any policy or take any course of action
contrary to or inconsistent with the plan.
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however, shall any amendment of the plan impair whatever rights may have
already been legally vested in qualified enterprises which shall continue to
enjoy such rights to the full extent allowed under this Code. The Council shall
not accept applications in an area of investment prior to the approval of the
same as a preferred area nor after approval of its deletion as a preferred
area of investment.
Article 16. Posting and/or Publication. Upon approval of the plan, in whole or
in part, or upon approval of an amendment thereof, the plan or the
amendment, specifying and declaring the preferred areas of investment shall
be posted in a conspicuous place in the City Hall as well as in the various
Barangay Halls or publish the same in at least one (1) local newspaper for
three (3) consecutive days and all such areas shall be open for application
until publication of an amendment or deletion thereof.
CHAPTER V
REGISTRATION OF ENTERPRISES
Councils,
shall
consult
the
communities
affected
on
the
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Article 22. Issuance of Permits and Licenses. New business enterprise who
are intending to operate in the City or those who are intending to either
SORSOGON CITY INVESTMENT ORDINANCE
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Article 24. Within a period of three months from the issuance of license or
permit, the City Licensing Office are hereby required to monitor the
submission of the requirements of each and every business establishment
granted with the permit or license and make the necessary report and notice
of cancellation of permit or license in applicable cases;
Article 25. Within the period of months from the issuance of license or
permit, the City Treasurer's Office shall conduct the appropriate investigation
in order to determine the real capitalization of each business establishment
and make an adjustment in the computation of the fees and other charges
payable to the City Government and thereafter make the necessary
assessment;
TITLE VI
THE EXPORT PROCESSING ZONE
SORSOGON CITY INVESTMENT ORDINANCE
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Article 26. Site. The entire stretch of land from the Diversion Road going to
Bacon District except the existing commercial and residential areas
according to the Zoning Ordinance and subject to the limitations provided for
by the Local Government Code of 1991 as amended regarding reclassification and conversion of lands are hereby declared open for
application for re-classification for use of companies who may operate under
the Export Processing Zone Law;
TITLE VII
GENERAL PROVISIONS
Article 28. Power of the City Mayor to Rationalize Incentives. The City Mayor
may, upon recommendation of the Sorsogon City Investment Council and in
the interest of economic development, rationalize the privileges/incentives
scheme herein provided; extend the period of availment of incentives or
increase rates of tax exemption of any project whose viability or profitability
require such modification.
TITLE VIII
FINAL PROVISIONS
SORSOGON CITY INVESTMENT ORDINANCE
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Article 30. Interpretation. All doubts concerning the benefits and incentives
granted to the enterprises and investors by this Ordinance shall be resolved
in favor of investors and registered enterprises.
Article 31. Vested Rights. Existing registered enterprises which are enjoying
the incentives under previous ordinances shall continue to enjoy such
incentives for the period therein stated.
Article 32. Confidentiality of Applications. All applications and their
supporting documents filed under this Ordinance shall be treated as
confidential and shall not be disclosed to any person without the consent of
the applicant or on orders of a court of competent jurisdiction or as may be
required by agencies and instrumentalities of the government.
Article
Article 34. Separability Clause. The provisions of this Ordinance are hereby
declared to be separable and, in the event any such provisions is declared
unconstitutional, the other provisions which are not affected thereby shall
remain in force and effect.
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Article 86. Effectivity. This Ordinance shall take effect fifteen days after
publication.
DONE in the City of Sorsogon, this ___th day of September, in the year of Our
Lord, two thousand and fifteen.
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