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TABLE OF CONTENTS
BCDA RELATED LAWS
Republic Act No. 7227
Executive Order No. 62
Republic Act No. 7917
Administrative Order No. 236
Executive Order No. 429
Executive Order No. 309
Executive Order No. 70
Executive Order No. 116
Proclamation No. 359
Executive Order No. 216
Executive Order No. 465
Executive Order No. 516
Republic Act No. 9400
ECONOMIC ZONE
Republic Act No. 7916
Republic Act No. 8748
Republic Act No. 9399
1
17
26
31
37
39
41
44
46
50
52
56
57
63
85
89
CLARK
FREEPORT ZONE
Proclamation No. 163
Executive Order No. 80
Proclamation No. 1035
Proclamation No. 805
Executive Order No. 464
Executive Order No. 7
92
95
98
101
103
105
CLARK
INTERNATIONAL AIRPORT
Executive Order No. 174
Executive Order No. 192
Executive Order No. 360
Executive Order No. 186
Executive Order No. 193
Executive Order No. 341
Executive Order No. 716
Executive Order No. 64
107
110
113
115
117
119
122
125
JOHN
129
130
133
135
137
158
160
164
173
174
175
178
182
NORTHRAIL PROJECT
Executive Order No. 176
Executive Order No. 232
Executive Order No. 859
185
187
189
255
Area in has.
(more or less)
570
167
1,755
1,100
Area in has.
(more or less)
2.0
5.0
135.10
Phase II
1. Camp Ver
2. Camp Melchor
3. Camp Atienza
4. Part of Villamor Air Base
5. Part of Fort Bonifacio
6. Fort Abad
Total
1.9
1.0
4.9
37.9
224.90
.60
271.20
The President is hereby authorized to sell the above lands, in whole or in part,
which are hereby declared alienable and disposable, pursuant to the provisions
of existing laws and regulations governing sales of government properties:
Provided, That no sale or disposition of such lands will be undertaken until
a development plan embodying projects for conversion shall be approved
by the President in accordance with paragraph (b), Section 4, of this Act.
However, six (6) months after approval of this Act, the President shall authorize
the Conversion Authority to dispose of certain areas in Fort Bonifacio and
Villamor as the latter so determines. The Conversion Authority shall provide
the President a report on any such disposition or plan for disposition within
one (1) month from such disposition or preparation of such plan. The proceeds
from any sale, after deducting all expenses related to the sale, of portions of
Metro Manila military camps as authorized under this Act, shall be used for the
following purposes with their corresponding percent shares of proceeds:
(1) Thirty-two and five-tenths percent (32.5%) - To finance the transfer of the
AFP military camps and the construction of new camps, the self-reliance
and modernization program of the AFP, the concessional and long-term
housing loan assistance and livelihood assistance to AFP officers and
enlisted men and their families, and the rehabilitation and expansion of
the AFPs medical facilities;
(2) Fifty percent (50%) - To finance the conversion and commercial uses of
the Clark and Subic military reservations and their extensions;
(3) Five percent (5%) - To finance the concessional and long-term housing
loan assistance for the homeless of Metro Manila, Olongapo City,
Angeles City and other affected municipalities contiguous to the
base areas as mandated herein; and
(4) The balance shall accrue and be remitted to the National Treasury to be
appropriated thereafter by Congress for the sole purpose of financing
programs and projects vital for the economic upliftment of the Filipino
people.
Laws on Bases Conversion
Provided, That, in the case of Fort Bonifacio, two and five tenths percent (2.5%) of the
proceeds thereof in equal shares shall each go to the Municipalities of Makati, Taguig
and Pateros: Provided, further, That in no case shall farmers affected be denied due
compensation.
With respect to the military reservations and their extensions, the President upon
recommendation of the Conversion Authority or the Subic Authority when it concerns
the Subic Special Economic Zone shall likewise be authorized to sell or dispose those
portions of lands which the Conversion Authority or the Subic Authority may find
essential for the development of their projects.
SECTION 9. BOARD OF DIRECTORS: COMPOSITION.The powers and functions of
the Conversion Authority shall be exercised by a Board of Directors to be composed
of nine (9) members, as follows:
(a) A full-time chairman who shall also be the president of the Conversion
Authority; and
(b) Eight (8) other members from the private sector, two (2) of whom coming from
the labor sector.
The chairman and members shall be appointed by the President with the consent
of the Commission on Appointments. Of the initial members of the Board, three (3)
including the chairman, a representative from the private sector and a representative
from the labor sector shall be appointed for a term of six (6) years, three (3) for a term
of four (4) years and the other three (3) for a term of two (2) years. In case of vacancy in
the Board, the appointee shall serve the unexpired term of the predecessor.
No person shall be appointed or designated unless he is a natural-born Filipino citizen,
of good moral character, of unquestionable integrity, and of recognized competence
in relevant fields including, but not limited to, economics, management, international
relations, law or engineering, preferably naval or aeronautical.
The chairman and president of the Conversion Authority shall have a fixed term of six
(6) years.
All procedural matters in the conduct of board meetings shall be prescribed in its
internal rules.
Members of the Board shall receive a per diem of not more than Five thousand pesos
(P5,000.00) for every board meeting: Provided, however, That the per diem collected
per month does not exceed the equivalent of four (4) meetings: Provided, further, That
the amount of per diem for every board meeting may be increased by the President but
such amount shall not be increased within two (2) years after its last increase.
(d) To represent the Conversion Authority in all dealings with offices, agencies
and instrumentalities of the Government and with all persons and entities,
public or private, domestic or foreign;
(e) To direct and supervise the preparation of the agenda for the meeting of the
Board, and to submit for the consideration of the Board such policies and
measures as he believes necessary to carry out the purposes and objectives of
this Act; and
(f) To exercise such other powers and functions provided in the bylaws and as
may be vested in him by the Board.
SECTION 12. SUBIC SPECIAL ECONOMIC ZONE.Subject to the concurrence by
resolution of the Sangguniang Panlungsod of the City of Olongapo and the Sangguniang
Bayan of the Municipalities of Subic, Morong and Hermosa, there is hereby created
a Special Economic and Free-port Zone consisting of the City of Olongapo and the
Municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval
Base and its contiguous extensions as embraced, covered, and defined by the 1947
Military Bases Agreement between the Philippines and the United States of America
as amended, and within the territorial jurisdiction of the Municipalities of Morong and
Hermosa, Province of Bataan, hereinafter referred to as the Subic Special Economic
Zone whose metes and bounds shall be delineated in a proclamation to be issued by
the President of the Philippines. Within thirty (30) days after the approval of this Act,
each local government unit shall submit its resolution of concurrence to join the Subic
Special Economic Zone to the Office of the President. Thereafter, the President of the
Philippines shall issue a proclamation defining the metes and bounds of the zone as
provided herein.
The abovementioned zone shall be subject to the following policies:
(a) Within the framework and subject to the mandate and limitations of the
Constitution and the pertinent provisions of the Local Government Code,
the Subic Special Economic Zone shall be developed into a self-sustaining,
industrial, commercial, financial and investment center to generate employment
opportunities in and around the zone and to attract and promote productive
foreign investments;
(b) The Subic Special Economic Zone shall be operated and managed as a separate
customs territory ensuring free flow or movement of goods and capital within,
into and exported out of the Subic Special Economic Zone, as well as provide
incentives such as tax and duty-free importations of raw materials, capital and
equipment. However, exportation or removal of goods from the territory of the
Subic Special Economic Zone to the other parts of the Philippine territory shall
be subject to customs duties and taxes under the Customs and Tariff Code and
other relevant tax laws of the Philippines;
(c) The provisions of existing laws, rules and regulations to the contrary
notwithstanding, no taxes, local and national, shall be imposed within the
Subic Special Economic Zone. In lieu of paying taxes, three percent (3%) of the
gross income earned by all businesses and enterprises within the Subic Special
Economic Zone shall be remitted to the National Government, one percent (1%)
each to the local government units affected by the declaration of the zone in
proportion to their population area and other factors. In addition, there is hereby
established a development fund of one percent (1%) of the gross income earned
by all businesses and enterprises within the Subic Special Economic Zone to be
utilized for the development of municipalities outside the City of Olongapo and
the Municipality of Subic, and other municipalities contiguous to the base areas.
In case of conflict between national and local laws with respect to tax
exemption privileges in the Subic Special Economic Zone, the same shall be
resolved in favor of the latter;
(d) No exchange control policy shall be applied and free markets for foreign
exchange, gold, securities and future shall be allowed and maintained in the
Subic Special Economic Zone;
(e) The Central Bank, through the Monetary Board, shall supervise and regulate
the operations of banks and other financial institutions within the Subic Special
Economic Zone;
(f) Banking and finance shall be liberalized with the establishment of foreign
currency depository units of local commercial banks and offshore banking
units of foreign banks with minimum Central Bank regulation;
(g) Any investor within the Subic Special Economic Zone whose continuing
investment shall not be less than Two hundred fifty thousand dollars ($250,000),
his/her spouse and dependent children under twenty-one (21) years of age,
shall be granted permanent resident status within the Subic Special Economic
Zone. They shall have freedom of ingress and egress to and from the Subic
Special Economic Zone without any need of special authorization from the
Bureau of Immigration and Deportation. The Subic Bay Metropolitan Authority
referred to in Section 13 of this Act may also issue working visas renewable
every two (2) years to foreign executives and other aliens possessing highlytechnical skills which no Filipino within the Subic Special Economic Zone
possesses, as certified by the Department of Labor and Employment. The names
of aliens granted permanent residence status and working visas by the Subic
Bay Metropolitan Authority shall be reported to the Bureau of Immigration and
Deportation within thirty (30) days after issuance thereof;
(h) The defense of the zone and the security of its perimeters shall be the
responsibility of the National Government in coordination with the Subic Bay
Laws on Bases Conversion
10
(i) Except as herein provided, the local government units comprising the Subic
Special Economic Zone shall retain their basic autonomy and identity. The
cities shall be governed by their respective charters and the municipalities shall
operate and function in accordance with Republic Act No. 7160, otherwise
known as the Local Government Code of 1991.
SECTION 13. THE SUBIC BAY METROPOLITAN AUTHORITY.
(a) Creation of the Subic Bay Metropolitan Authority - A body corporate to
be known as the Subic Bay Metropolitan Authority is hereby created as an
operating and implementing arm of the Conversion Authority.
(b) Powers and Functions of the Subic Bay Metropolitan Authority - The Subic Bay
Metropolitan Authority, otherwise known as the Subic Authority, shall have the
following powers and functions:
(1) To operate, administer, manage and develop the ship repair and ship
building facility, container port, oil storage and refueling facility and Cubi
Air Base within the Subic Special Economic and Free-port Zone as a free
market in accordance with the policies set forth in Section 12 of this Act;
(2) To accept any local or foreign investment, business or enterprise, subject only
to such rules and regulations to be promulgated by the Subic Authority in
conformity with the policies of the Conversion Authority without prejudice to
the nationalization requirements provided for in the Constitution;
(3) To undertake and regulate the establishment, operation and maintenance
of utilities, other services and infrastructure in the Subic Special Economic
Zone including shipping and related business, stevedoring and port
terminal services or concessions, incidental thereto and airport operations in
coordination with the Civil Aeronautics Board, and to fix just and reasonable
rates, fares, charges and other prices therefor;
(4) To construct, acquire, own, lease, operate and maintain on its own or
through contract, franchise, license permits bulk purchase from the private
sector and build-operate-transfer scheme or joint-venture the required
utilities and infrastructure in coordination with local government units
and appropriate government agencies concerned and in conformity with
existing applicable laws therefor;
(5) To adopt, alter and use a corporate seal; to contract, lease, sell, dispose,
acquire and own properties; to sue and be sued in order to carry out its
11
duties and functions as provided for in this Act and to exercise the power
of eminent domain for public use and public purpose;
(6) Within the limitation provided by law, to raise and/or borrow the necessary
funds from local and international financial institutions and to issue bonds,
promissory notes and other securities for that purpose and to secure the
same by guarantee, pledge, mortgage, deed of trust, or assignment of its
properties held by the Subic Authority for the purpose of financing its
projects and programs within the framework and limitations of this Act;
(7) To operate directly or indirectly or license tourism-related activities subject
to priorities and standards set by the Subic Authority including games
and amusements, except horse racing, dog racing and casino gambling
which shall continue to be licensed by the Philippine Amusement and
Gaming Corporation (PAGCOR) upon recommendation of the Conversion
Authority; to maintain and preserve the forested areas as a national park;
(8) To authorize the establishment of appropriate educational and medical
institutions;
(9) To protect, maintain and develop the virgin forests within the baselands
which will be proclaimed as a national park and subject to a permanent
total log ban, and for this purpose, the rules and regulations of the
Department of Environment and Natural Resources and other government
agencies directly involved in the above functions shall be implemented by
the Subic Authority;
(10) To adopt and implement measures and standards for environmental
pollution control of all areas within its territory, including, but not limited
to all bodies of water and to enforce the same. For which purpose the
Subic Authority shall create an Ecology Center; and
(11) To exercise such powers as may be essential, necessary or incidental to
the powers granted to it hereunder as well as to carry out the policies and
objectives of this Act.
(c) Board of Directors - The powers of the Subic Authority shall be vested in and
exercised by a Board of Directors, hereinafter referred to as the Board, which
shall be composed of fifteen (15) members, to wit:
(1) Representatives of the local government units that concur to join the Subic
Special Economic Zone;
(2) Two (2) representatives from the National Government;
(3) Five (5) representatives from the private sector coming from the present
12
naval stations, public works center, ship repair facility, naval supply depot
and naval air station; and
The chairman and the members of the Board shall be appointed by the
President to serve for a term of six (6) years, unless sooner removed for cause
except for the representatives of the local government units who shall serve for
a term of three (3) years. In case of removal for cause, the replacement shall
serve only the unexpired portion of the term.
Members of the Board shall receive a per diem of not more than Five thousand
pesos (P5,000.00) for every board meeting: Provided, however, That the per
diem collected per month does not exceed the equivalent of four (4) meetings:
Provided; further, That the amount of per diem for every board meeting may
be increased by the President: Provided, finally, That the amount of per diem
shall not be increased within two (2) years after its last increase.
13
14
15
SECTION 22. SEPARABILITY CLAUSE.If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in
full force and effect.
SECTION 23. REPEALING CLAUSE.All laws, executive issuances or parts thereof
which are inconsistent herewith are hereby repealed or amended accordingly.
SECTION 24. EFFECTIVITY CLAUSE.This act shall take effect upon its publication in
at least one (1) newspaper of general circulation.
Approved,
This Act which is a consolidation of House Joint Resolution No. 10 and Senate Bill
No. 1648 was finally passed by the House of Representatives and the Senate on
February 5, 1992 and February 6, 1992, respectively.
(Sgd.) CORAZON C. AQUINO
President of the Philippines
16
17
1.4 The BCDA shall plan and implement fund generating projects which will
maximize the use of the military camps in Metro Manila that shall be sold
pursuant to Section 8 of the Act with the funds generated therefrom to be
strictly utilized as provided for in the Act; and
1.5 Conversion projects must be financially self-sustaining in the long term and
should contribute significantly to national economic development.
SECTION 2. PURPOSES OF THE BCDA.As provided in Section 4 of the Act, the
BCDA shall have the following purposes:
2.1 Own, hold and administer the reverted baselands and the portions of Metro
Manila military camps transferred to it, and adopt, prepare and implement
a comprehensive and detailed development program for its subsidiaries and
attached authorities in consonance with the following directional plans:
2.1.1 Subic Naval Base. To be developed as a special economic and freeport zone ensuring the free flow of goods and capital in accordance
with prescribed rules, to generate employment opportunities in and
around the zone, and to attract and promote productive local and
foreign investments. The Subic Special Economic and Free-port Zone
shall be developed, operated, administered, and managed by the
SBMA;
18
2.2 Encourage the active and meaningful participation of the private sector in
financing, managing and overseeing conversion projects, particularly in
Clark and Subic;
2.3 Establish a mechanism of coordination with the appropriate local government
units to effect meaningful consultation with communities affected by the
conversion plans and projects;
2.4 Serve as the holding company of subsidiary companies, to coordinate
attached authorities, invest in special economic zones, and manage and
operate development projects through private sector companies; and
2.5 Plan and undertake the readjustment, relocation or resettlement of population
within the baselands and their extensions, particularly the affected military
personnel, in coordination with appropriate local government units and
government agencies, particularly the Department of National Defense and
Armed Forces of the Philippines.
SECTION 3. SUBSIDIARIES AND ATTACHED AUTHORITIES.The BCDA shall have
the power to form, establish, organize and maintain subsidiary corporation(s) pursuant
to Section 16 of the Act.
In accordance with Section 14 (a) of the Act, the BCDA shall exercise oversight function
over the SBMA.
To perform its oversight function over subsidiaries, attached authorities and special
economic zones declared under the Act, including SBMA, the BCDA shall adopt
and implement an effective oversight mechanism to encourage efficient utilization of
scarce government resources and to ensure that plans and programs of subsidiaries,
attached authorities and special economic zones are proceeding according to national
goals and objectives.
3.1 Governing Board of Directors. The subsidiaries and attached authorities shall
be governed by their respective policy making Board of Directors which
shall perform the following, subject to existing laws and regulations:
19
3.1.1 Approve corporate plans and programs consistent with the policy
directions of the BCDA;
3.1.2 Approve and adopt internal administrative and operating rules and
regulations for implementation by the officials and management of the
subsidiary or attached authority;
3.1.5 Appoint all officials down to the third level and authorize the President of
the subsidiary or attached authority to appoint all others: Provided that,
all appointments shall be on the basis of merit, experience, integrity and
fitness;
3.1.6 Prepare and approve the annual and supplemental budget of the
subsidiary or attached authority;
3.1.10 Submit to the BCDA a copy of its management reports to include, among
others, the following: annual budgets, organization, personnel, report of
operations, infrastructure program and capital investments program, and
any other report which the BCDA may require.
20
3.2.2 The governing Board of each subsidiary and attached authority shall
approve the annual budget, plans and programs, organization, and
personnel plantilla of the subsidiary or authority during an annual
planning workshop with the management committee;
3.2.3 The Chairman of the Board shall be the Chief Executive Officer of the
subsidiary or attached authority who shall be responsible for ensuring
that the plans and programs shall be directed towards the attainment
of the corporate goals and objectives;
3.2.4 The Board shall appoint a Chief Operating Officer who shall be
responsible for the day-to-day operations of the subsidiary or authority;
3.2.7 A Pay Plan and Position Classification shall be adopted which shall
include the job descriptions and position qualification standards.
Appointment to positions shall be based on merit, experience, and
fitness and must meet the minimum qualification standards prescribed
for the position being appointed to; and
3.3 Operations and Financial Policies. To promote efficient allocation and use
of government resources and to instill financial discipline in subsidiaries and
attached authorities, the BCDA hereby adopts the following operations and
financial policy guidelines:
21
3.3.1 The BCDA shall provide standard corporate planning models which
will give subsidiaries and attached authorities sufficient operational
flexibility. In the formulation of the corporate plans and programs, the
subsidiary or attached authority shall be guided by the performance
indicators and targets agreed upon with the BCDA;
Laws on Bases Conversion
3.3.2 The BCDA shall establish with the concurrence of the attached
subsidiaries and authorities, performance criteria, standards and
targets and conduct periodic review and appraisal of performance
in accordance with such agreed criteria, performance indicators and
targets;
Submission Frequency
Statement of Monthly
Actual Financial
Operations
Monthly
3 Year Projection
of Annual Financial
Operations
Annually
Schedule of Monthly
Actual Net External and
Domestic Financing
Monthly
3 Year Projection
of Annual Capital
Expenditure Projects
Quarterly
Corporate Annual
Report Year
Annually
Annually
Quarterly Financial
Statements
Submission Deadline
June 30 of year
succeeding the
monitored year
22
23
4.9.3 The leasing procedures, standard rates, lease terms and conditions
shall be approved by the governing Board of the subsidiary or attached
authority; and
24
facilities and assets that are to be privatized and preserved. Organic security personnel
shall be retained only for the purpose of supervising and monitoring the activities of
contracted private security guards and to liaise with law enforcement authorities.
Heads of subsidiaries should secure the full assistance and participation of local
government units, government agencies, and non-government and peoples
organizations to preserve and protect the properties and natural resources within the
military reservations and extensions from damage and deterioration.
SECTION 6. ENVIRONMENT.A permanent total log ban shall be applied in all
military reservations and extensions which shall allow supervised cuttings to prevent
forest fires compatible with judicious management of the forest. These cuttings shall
require prior approval of the operating authority or subsidiary tasked to manage the
facility and/or area.
Environmental impact assessment studies shall be required of all major projects which
could affect the environment.
Environmental standards shall be strictly enforced by subsidiaries and attached
authorities in their respective areas of responsibility.
SECTION 7. DEPARTMENTS, BUREAUS, AGENCIES AND INSTRUMENTALITIES.
All heads of government departments, bureaus, offices, agencies and instrumentalities
are directed to facilitate the necessary approvals and assist the BCDA to expedite the
implementation of the various projects and activities of the conversion program.
SECTION 8. EFFECTIVITY.These implementing policies and guidelines shall take
effect immediately upon approval.
Done in the City of Manila, this 27th day of February in the year of Our Lord, Nineteen
Hundred and Ninety-Three.
(Sgd.) FIDEL V. RAMOS
President of the Philippines
By the President:
25
(2)
26
(4)
(5) Five percent (5%) - To finance critical infrastructure projects not covered
by the Build-Operate-Transfer (BOT) program in areas surrounding the
former baselands;
(6)
(7) One percent (1%) - As contribution for the Higher Education Development
Fund under Section 10 of Republic Act No. 7722, otherwise known as
the Higher Education Act of 1994, the amount of Five hundred million
pesos (P500,000,000.00) or so much thereof, and the balance to finance
students scholarship, faculty development, and the improvement of
physical plants of colleges and universities under the Commission on
Higher Education (CHED);
(8)
27
(9)
(10) Two percent (2%), but in no case exceeding Two billion pesos
(P2,000,000,000.00) - To finance a multi-year modernization program
of the National Bureau of Investigation (NBI), the Philippine National
Police (PNP) and improvement of prison facilities.
(11) One percent (1%), but in no case to exceed One billion pesos
(1,000,000,000) - To finance a multi-year judicial reform program;
(12) Two percent (2%) - To finance the establishment of pre-school and
daycare centers nationwide;
(13) One-half percent (1/2%) but not to exceed Five hundred million pesos
(P500,000,000.00) - For the summer program for the education of
students (SPES) in accordance with Republic Act No. 7323;
(14) One percent (1%) - For the construction of Senior Citizens Centers as
provided under Republic Act No. 7876;
(15) Three percent (3%) - To the emergency and contingent needs of the
areas devastated by the Mount Pinatubo eruptions;
(16) Two percent (2%) - For infrastructure development of future special
economic zones to be created;
SECTION 2. The President of the Philippines is hereby authorized to sell other portions
of lands in military camps in Metro Manila and in Clark and Subic and other former
baselands and other unused portions of existing military reservations, in whole or in
Laws on Bases Conversion
28
part, which are hereby declared alienable and disposable, pursuant to the provisions
of existing laws and regulations governing sales of government properties: Provided,
That no sale or disposition of such lands will be undertaken until a development plan
embodying projects for conversion by the Conversion Authority or the Subic Authority
shall be approved by Congress.
SECTION 3. Other provisions of the Republic Act No. 7227, otherwise known as
the Bases Conversion and Development Act of 1992, which are not affected by the
provisions of Section 8 hereof, shall remain in force and effect.
SECTION 4. RULES AND REGULATIONS.The President of the Philippines
shall promulgate such rules and regulations as may be necessary for the proper
implementation of this Act.
SECTION 5. SEPARABILITY CLAUSE.If any of the provisions of this Act is declared
invalid, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.
SECTION 6. REPEALING CLAUSE.All laws, decrees, ordinances, rules and regulations,
executive or administrative orders, and other presidential issuances inconsistent with
this Act, are hereby repealed, amended or modified accordingly.
SECTION 7. EFFECTIVITY.This Act shall take effect after fifteen (15) days following
its publication in at least two (2) newspapers of general circulation.
Approved,
29
This Act, which is a consolidation of Senate Bill No. 2066 and House Bill No. 14604,
was finally passed by the Senate and the House of Representatives on February 21,
1995.
(Sgd.)EDGARDO E. TUMANGAN
Secretary of the Senate
30
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4.1.1 The treatment and deposit of interest earnings from the proceeds of
sale of government lands and other properties transferred to BCDA
pursuant to R.A. No. 7227, as amended by R.A. No. 7917, shall be
determined by the Committee created under paragraph 4.2 hereof in
consultation with the Bureau of the Treasury and the Commission on
Audit.
4.2 BCDA shall remit to the National Treasury, the proceeds from the sale, net of the
expenses directly incurred in the sale of the land or property, within two weeks
after receipt of actual payment from the buyer. The direct expenses incurred
shall pertain to those expenses that are directly attributable to the sale of the
land or property such as the appraisal/valuation of the properties, marketing
expenses and relocation/replication costs or those which would not have been
incurred by BCDA and AFP if the decision to sell were not made, with the
latter to be determined jointly by a Committee herein created composed of
representatives from the Bases Conversion Development Authority (BCDA),
Department of National Defense (DND) and Department of Finance (DOF).
4.3 In accordance with Section 1 of RA 7917, 2.5% of the sales proceeds of Fort
Bonifacio, net of the direct expenses defined in the preceding section, shall be
deducted to cover the share to be divided equally among the City of Makati
and the Municipalities of Taguig and Pateros. The Bureau of the Treasury
shall establish a separate Special Account for the Department of Budget and
Management which shall act as conduit and administrator of the fund intended
for the City of Makati and the Municipalities of Taguig and Pateros.
4.4 The Purposes enumerated in RA 7917 shall be interpreted as follows:
4.4.1 The Modernization Program referred to under Section 1 (1) shall
include not only the modernization program of the Armed Forces of
the Philippines but also the modernization program of the Government
Arsenal as determined by the Secretary of National Defense;
4.4.2 Section 1 (3) shall mean the National Shelter Program as implemented
by the National Housing Authority, National Home Mortgage Finance
Corporation and Home Insurance Guaranty Corporation as endorsed
by the Housing and Urban Development Coordinating Council;
4.4.3 Section 1 (5) shall mean critical infrastructure projects for areas
surrounding the former bases as recommended by the BCDA and
forwarded to the Department of Public Works and Highways (DPWH)
and Department of Transportation and Communications (DOTC) for
implementation;
32
4.4.4 Section 1 (9) shall mean the multi-year program of the prosecution
service being implemented by the Office of the Secretary of the
Department of Justice (DOJ) and the Ombudsman;
4.4.5 Section 1 (10) shall mean the improvement of prison facilities
undertaken by the Bureau of Jail Management and Penology and the
Bureau of Corrections;
4.4.6 Section 1 (11) shall mean the judicial reform programs of the Judiciary;
4.4.7 Section 1 (12) shall mean the pre-school program of the Department
of Education, Culture and Sports (DECS) and day care centers as
determined by the Department of Social Welfare and Development
(DSWD);
4.4.8 Section 1 (14) shall mean the construction of Senior Citizens Centers
as determined by the DSWD; and
4.4.9 Section 1 (15) shall mean programs and projects to meet emergency
and contingent needs of the areas devastated by the Mount Pinatubo
eruptions as determined by the Mt. Pinatubo Commission for
implementation by the appropriate agencies.
4.5 The Bureau of the Treasury shall record the net proceeds, i.e., after deducting
the expenses and shares stipulated in Section 4.2 and Section 4.3, respectively,
separately as a Special Account in the General Fund. For this purpose, a
separate Special Account shall be established for each of the individual
agencies, as follows:
4.5.1 35% for the account of the Armed Forces of the Philippines and the
Government Arsenal;
4.5.2 27.5% for the account of the Bases Conversion Development Authority;
4.5.3 12% for the account of the National Housing Authority, National Home
Mortgage Finance Corporation and Home Insurance and Guaranty
Corporation;
4.5.4 3% for the account of the Philippine Health Insurance Corporation;
4.5.5 5% for the account of the Department of Public Works and Highways
and Department of Transportation and Communications;
4.5.6 2% for the account of the Philippine Veterans Affairs Office;
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5. Effectivity
This Order shall take effect fifteen (15) days following publication in two (2) newspapers
of general circulation.
DONE in the City of Manila, this 8th day of January in the year of Our Lord, Nineteen
Hundred and Ninety-Six.
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The twenty-five year lease period, renewable once for another twenty-five (25) years,
shall continue to operate for investments not included in the foregoing enumeration.
Sec. 2. Repealing Clause.Any and all orders, rules and regulations or parts thereof
inconsistent herewith are hereby amended, modified or repealed accordingly.
Sec. 3. Effectivity.This Executive Order shall take effect immediately.
DONE in the City of Manila, this 28th day of July in the year of Our Lord, Nineteen
Hundred and Ninety-Seven.
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made. Such expenses shall be jointly determined by representatives of BCDA and the
Department of National Defense (DND).
Section 4. Utilization of Proceeds The share of the BCDA from the proceeds of the
transactions contemplated in Section 1 shall be considered its corporate income the
utilization of which shall be determined by the Board of Directors of BCDA. For its
part, the share of the AFP shall be utilized for the AFP Modernization Program under
Republic Act No. 7898: Provided, That proceeds received after the termination of
the AFP Modernization Program may still be used to satisfy multi-year obligations
incurred pursuant to such Program: Provided, further, That thereafter, AFPs share may
be utilized for other modernization projects as may be determined by the AFP and
approved by the Secretary of National Defense.
Section 5. Remittance of AFPs Share Within two (2) weeks after receipt of actual
payment from the other transacting party, BCDA shall remit AFPs share directly to
the Armed Forces of the Philippines Modernization Act Trust Fund (Fund 172) in the
Bureau of the Treasury.
Section 6. Effectivity This Executive Order takes effect immediately.
DONE in the City of Manila this 3rd day of November in the year of Our Lord, Two
Thousand.
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a government
conversion of
the same law,
funds for their
WHEREAS, Republic Act No. 7227, transferred to BCDA the ownership, administration
and control of a substantial portion of Fort Bonifacio consisting of 723.3 hectares;
WHEREAS, a portion of the Fort Bonifacio property consisting of 119 hectares has been
designated as the Bonifacio Housing and Information Technology Zone (BHIT Zone)
pursuant to the Master Development Plan for the area which was updated pursuant to
A.O. No. 25, series of 1998;
WHEREAS, portions of the said BHIT Zone are currently occupied by informal dwellers;
WHEREAS, another portion of the Fort Bonifacio property identified as Lupang
Katuparan covering an area of approximately 48 hectares is currently being developed
as land-based housing site to accommodate the families to be affected by BCDA
Projects;
WHEREAS, the Pamayanang Diego Silang area located along the C-5 Road with a total
of 2,880 units in 5-storey medium rise buildings spread out over 23.86 hectares was
developed for socialized housing purposes primarily to accommodate the families to
be affected by BCDA Project as well as military, BCDA and PNP/DILG/NAPOLCOM
personnel;
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WHEREAS, the area known as Philippine Centennial Village located along the C-5
Road with a total of 1,140 units in 5-storey medium rise buildings covering 13.08
hectares was developed for socialized housing purposes primarily to accommodate
the families to be affected by BCDA Projects.
WHEREAS, the BCDA as contained in its Board Resolution No. 2002-01-011 has
signified its approval to dispose of approximately 35 hectares of occupied portions
of the BHIT Zone, Pamayanang Diego Silang covering 13.08 hectares, including
2,880 residential units in medium rise buildings, Philippine Village Centennial Village
covering 23.86 hectares including 1,140 residential units in medium rise buildings,
and approximately 48 hectares at Lupang Katuparan, to qualified occupants and
beneficiaries.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines,
by virtue of the powers vested in me by law, do hereby order:
Section 1. Declaration as Socialized Housing Sites. In view of the need of informal
settlers to acquire home ownership and shelter security, the following portions of
BCDAs property located in Fort Bonifacio and its environs are hereby declared as
socialized housing sites open for disposition to qualified occupants and beneficiaries:
a)
b)
Lupang Katuparan
c)
d)
48.00 hectares
23.86 hectares
13.08 hectares
119.94 hectares
This declaration shall include in the case of Pamayanang Diego Silang, 2,880 residential
units in 5-storey medium rise buildings found therein, and, in the case of Philippine
Centennial Village, 1,140 residential units in 5-storey medium rise buildings therein.
The actual metes and bounds of the foregoing properties covered by this Order shall,
as necessary, be subject to final survey.
Sec. 2. Implementation by Housing and Urban Development Coordinating Council
(HUDCC).The implementation of this Order shall be the responsibility of HUDCC
as lead agency. In this connection, BCDA shall ensure the smooth turnover of the
administration and control of the above-identified areas subject of this Order to
HUDCC for this purpose.
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a government
conversion of
the same law,
funds for their
WHEREAS, Republic Act No. 7227, transferred to BCDA the ownership, administration
and control of a substantial number of military reservations which include among
others, Camps Claudio and Atienza, situated in Tambo, Paraaque City and Libis,
Quezon City, respectively.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines,
by virtue of the powers vested in me by law, do hereby order:
Section 1. Declaration of Socialized Housing Sites. In view of the need of the
informal settlers to acquire home ownership and shelter security, the following portions
of BCDAs property located in Tambo, Paraaque City and Libis, Quezon City are
hereby declared as socialized housing sites open for disposition to qualified occupants
and beneficiaries:
a) Portion of Camp Claudio 1.000 hectare
b) Portion of Camp Atienza 0.534 hectare
The actual metes and bounds of the foregoing properties covered by this Office shall,
as necessary, be subject to final survey.
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WHEREAS, the Armed Forces of the Philippines (AFP), particularly the Philippine
Navy (PN), occupied Camp Claudio and used the same for housing purposes for its
personnel;
WHEREAS, Republic Act (RA) No. 7227, otherwise known as the Bases Conversion
and Development Act of 1992, authorized the sale of two (2) hectares of Camp
Claudio, with the remaining 3.4112 hectares of Camp Claudio still reserved for
military purposes;
WHEREAS, out of the two (2) hectares which had been authorized for sale and
transferred to the Bases Conversion and Development Authority (BCDA) pursuant to
RA No. 7227, one (1) hectare was declared as a socialized housing site and authorized
for disposition to qualified occupants and beneficiaries by virtue of Executive Order
No. 116 dated August 15, 2002;
WHEREAS, the Office of the Vice President (OVP), the Department of Foreign
Affairs (DFA), the Department of National Defense (DND), and the Housing and
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to the condition that the integrated development plan shall clearly delineate
and identify the areas respectively belonging to the BCDA and AFP and the
development particulars in each proeperty.
2. An Inter-Agency Committee is hereby formed to be composed of duly
authorized representatives of the Parties of this Agreement to
a.
b.
c.
3.
The consolidation plan for the BCDA property and the military-retained
area, the integrated planning and development program and the allocation
of housing units and commercial areas/facilities shall be unanimously
approved by the representatives of the Inter-Agency Committee before their
presentation to the Parties for approval.
4.
5.
6.
WHEREAS, the Vice President of the Philippines, with the concurrence of the Secretary
of the Department of Environment and Natural Resources (DENR), the HUDCC
Chairman, and the BCDA Chairman, has proposed that the 3.4112 hectare-portion of
Camp Claudio (which remains reserved for military purposes) be reserved instead for
housing and urban development purposes;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines,
upon recommendation of the Vice President of the Philippines with the concurrence
of the DENR Secretary, the HUDCC Chairman and the BCDA Chairman, do hereby
withdraw from use for military purposes the 3.4112 hectare portion of Camp Claudio
which remains reserved for military purposes, and reserve the same for housing and
urban development purposes, insofar as not otherwise provided by law, under the
administration of the Vice President of the Philippines for said purposes, subject to
private rights, if there be any.
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50
DONE, in the City of Manila this 9th day of June, in the year of Our Lord, Two Thousand
and Three.
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Within sixty (60) days from the effectivity of this Order, the HUDCC shall turn
over to the NHA all monies, accounts and records of it administration of BCDA
properties turned over to it by virtue of Executive Order No. 70. Furthermore,
NHA shall be free from charges, imposition and other liabilities accruing on
the properties to be transferred to NHA.
SECTION 3. Executive Committee. An Executive Committee shall be created
as the policy-making body in the implementation of this Order. It shall be
composed of HUDCC as Chairman and the following as members; NHA,
BCDA, DENR, PCUP, DND/AFP, the LGU of Taguig City, and the Congressional
Representative of Taguig City. The Executive Committee shall have the
following responsibilities:
Provide the policies and guidelines for the implementation of this Order; and
Define and delineate the roles and responsibilities of various government
agencies, peoples organizations and individual beneficiaries in the
implementation of this Order.
SECTION 4. Funding. The NHA shall formulate a budget to implement this
Order taking into account the funding requirements for the various activities
(e.g. social preparations, census and tagging, ground survey, mobilization,
etc.) that must be undertaken in connection hereof. The Department of Budget
and Management shall ensure the provision of the funding requirements of the
Project, subject to existing laws, rules and regulations.
SECTION 2. A new Section 5 is hereby added to read as follows:
SECTION 5. The Funds for the purchase of the subject properties shall be
sourced from the twelve percent (12%) share of the National Shelter Program
under Republic Act No. 7227, as amended.
The Executive Committee, in coordination with the Department of Budget and
Management, shall formulate the necessary guidelines and/or procedures to
carry out the provisions of this Section
SECTION 3. A new Section 6 is hereby added to read as follows:
SECTION 6. All properties identified and/or classified herein as easements
shall be retained as such and shall not be subject for socialized housing use.
All properties not expressly included in this Order are hereby excluded.
SECTION 4. Section 5 of EO 70 is hereby re-numbered as Section 7.
SECTION 5. This EO shall take effect immediately.
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and
Development Authority
WHEREAS, Executive Order No. 504 (s. 2006) Section 5 mandated the Secretary
of Trade and Industry to exercise policy oversight over the Bases Conversion and
Development Authority (BCDA),
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of
the Philippines, by virtue of the powers vested in me by law and the Constitution, do
hereby order:
The BCDA is hereby reverted to the Office of the President. Section 5 of Executive
Order No. 504 is hereby repealed.
City of Manila, 24 March 2006
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x x x.
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Section 15. Clark Special Economic Zone (CSEZ) and Clark Freeport Zone
(CFZ).Subject to the concurrence by resolution of the local government units
directly affected, the President is hereby authorized to create by executive
proclamation a Special Economic Zone covering the lands occupied by the
Clark military reservations and its contiguous extensions as embraced, covered
and defined by the 1947Military Bases Agreement between the Philippines
and the United States of America, as amended, located within the territorial
jurisdiction of Angeles City, municipalities of Mabalacat and Porac, Province
of Pampanga, and the municipalities of Capas and Bamban, Province of
Tarlac, in accordance with the provision as herein provided insofar as applied
to the Clark military reservations. The Clark Air Base proper with an area of
not more than four thousand four hundred hectares (4,400 has.), with the
exception of the twenty-two hectare commercial area situated near the main
gate and the Bayanihan Park consisting of seven and a half hectares (7.5 has.)
located outside the main gate of the Clark Special Economic Zone, is hereby
declared a freeport zone.
The CFZ shall be operated and managed as a separate customs territory
ensuring free flow or movement of goods and capital equipment within, into
and exported out of the CFZ, as well as provide incentives such as tax and
duty-free importation of raw materials and capital equipment. However,
exportation or removal of goods from the territory of the CFZ to the other parts
of the Philippine territory shall be subject to customs duties and taxes under
the Tariff and Customs Code of the Philippines, as amended, the National
Internal Revenue Code of 1997, as amended, and other relevant tax laws of
the Philippines.
The provisions of existing laws, rules and regulations to the contrary
notwithstanding, no national and local taxes shall be imposed on registered
business enterprises within the CFZ. In lieu of said taxes, a five percent (5%)
tax on gross income earned shall be paid by all registered business enterprises
within the CFZ and shall be directly remitted as follows: three percent (3%)
to the National Government, and two percent (2%) to the treasurers office of
the municipality or city where they are located.
The governing body of the Clark Special Economic Zone shall likewise
be established by executive proclamation with such powers and functions
exercised by the Export Processing Zone Authority pursuant to Presidential
Decree No. 66, as amended: Provided, That it shall have no regulatory authority
over public utilities, which authority pertains to the regulatory agencies
created by law for the purpose, such as the Energy Regulatory Commission
created under Republic Act No. 9136 and the National Telecommunications
Commission created under Republic Act No. 7925.
x x x
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They shall submit to the Department of Finance (DOF) their respective annual tax
expenditures based on the computed costs in terms of revenue foregone on the tax
incentives granted to their registered enterprises. For proper monitoring, the DOF shall
create a single database of all incentives provided by all these authorities. The DOF
shall monitor and review the incentives granted and submit an annual report to the
President.
SECTION 9. PENAL PROVISIONS.Any registered business enterprise found guilty
of smuggling by final judgment, either as principal, accomplice or accessory shall be
perpetually barred from doing business in any freeport and special economic zone, in
addition to the penalties and sanctions imposed by existing laws.
SECTION 10. IMPLEMENTING RULES AND REGULATIONS.The DOF, in
coordination with the PEZA, the Bureau of Internal Revenue (BIR) and the Bureau of
Customs (BOC), in consultation with the Bases Conversion and Development Authority
(BCDA), the SBMA, the CDC, the JHMC, the PPMC, and the BTPI, shall promulgate
and publish the necessary rules and regulations for the effective implementation of this
Act within two months from the date of effectivity of this Act.
SECTION 11. SEPARABILITY CLAUSE.If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not affected
thereby shall remain in force and effect.
SECTION 12. REPEALING CLAUSE.All laws, decrees, orders, proclamations, rules
and regulations or other issuances or parts thereof inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.
The provision of Section 50 of Republic Act No. 7916, as amended, is hereby repealed.
The provision of Section 13(b) (3) of Republic Act No. 7227, as amended, with respect
to public utilities engaged in the provision of electric power and telecommunication
services are hereby repealed.
SECTION 13. EFFECTIVITY.This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any two newspapers of general circulation,
whichever comes earlier.
Approved,
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This Act which is a consolidation of House Bill No. 5064 and Senate Bill No. 2260 was
finally passed by the House of Representatives and the Senate on January 31, 2007 and
February 5, 2007, respectively.
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d. Free Trade Zone - an isolated policed area adjacent to a port of entry (as a
seaport) and/or airport where imported goods may be unloaded for immediate
transshipment or stored, repacked, sorted, mixed, or otherwise manipulated
without being subject to import duties. However, movement of these imported
goods from the free-trade area to a non-free-trade area in the country shall be
subject to import duties.
Enterprises within the zone are granted preferential tax treatment and
immigration laws are more lenient.
SECTION 5. Establishment of ECOZONES. To ensure the viability and geographical
dispersal of ECOZONES through a system of prioritization, the following areas are
initially identified as ECOZONES, subject to the criteria specified in Section 6:
a. So much as may be necessary of that portion of Morong, Hermosa, Dinalupihan,
Orani, Samal, and Abucay in the Province of Bataan;
b. So much as may be necessary of that portion of the municipalities of Ibaan,
Rosario, Taysan, San Jose, San Juan, and cities of Lipa and Batangas;
c. So much as may be necessary of that portion of the City of Cagayan de Oro in
the Province of Misamis Oriental;
d. So much as may be necessary of that portion of the City of Iligan in the Province
of Lanao del Norte;
e. So much as may be necessary of that portion of the Province of Saranggani;
f. So much as may be necessary of that portion of the City of Laoag in the
Province of Ilocos Norte;
g. So much as may be necessary of that portion of Davao City and Samal Island
in the Province of Davao del Norte;
h. So much as may be necessary of that portion of Oroquieta City in the Province
of Misamis Occidental;
i. So much as may be necessary of that portion of Tubalan Cove, Malita in the
Province of Davao del Sur;
j. So much as may be necessary of that portion of Baler, Dinalungan and
Casiguran including its territorial waters and islets and its immediate environs
in the Province of Aurora;
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k. So much as may be necessary of that portion of cities of Naga and Iriga in the
Province of Camarines Sur, Legaspi and Tabaco in the Province of Albay, and
Sorsogon in the Province of Sorsogon;
l. So much as may be necessary of that portion of Bataan Island in the Province
of Batanes;
m. So much as may be necessary of that portion of Lapu-lapu in the Island of
Mactan, and the municipalities of Balamban and Pinamungahan and the cities
of Cebu and Toledo and the Province of Cebu, including its territorial waters
and islets and its immediate environs;
n. So much as may be necessary of that portion of Tacloban City;
o. So much as may be necessary of that portion of the Municipality of Barugo in
the Province of Leyte;
p. So much as may be necessary of that portion of the Municipality of Buenavista
in the Province of Guimaras;
q. So much as may be necessary of that portion of the municipalities of San Jose
de Buenavista, Hamtic, Sibalon, and Culasi in the Province of Antique;
r. So much as may be necessary of that portion of the municipalities of Catarman,
Bobon and San Jose in the Province of Northern Samar, the Island of Samar;
s. So much as may be necessary of that portion of the Municipality of Ternate and
its immediate environs in the Province of Cavite;
t. So much as may be necessary of that portion of Polloc, Parang in the Province
of Maguindanao;
u. So much as may be necessary of that portion of the Municipality of Boac in the
Province of Marinduque;
v. So much of may be necessary of that portion of the Municipality of Pitogo in
the Province of Zamboanga del Sur;
w. So much as may be necessary of that portion of Dipolog City-Manukan Corridor
in the Province of Zamboanga del Norte;
x. So much as may be necessary of that portion of Mambajao, Camiguin Province;
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h. The area must be situated where controls can easily be established to curtail
smuggling activities.
Other areas which do not meet the foregoing criteria may be established as
ECOZONES: Provided, That the said area shall be developed only through local
government and/or private sector initiative under any of the schemes allowed in
Republic Act No. 6957 (the build-operate-transfer law), and without any financial
exposure on the part of the national government: Provided, further, That the area
can be easily secured to curtail smuggling activities: Provided, finally, That after
five (5) years the area must have attained a substantial degree of development, the
indicators of which shall be formulated by the PEZA.
SECTION 7. ECOZONE to be a Decentralized Agro-Industrial, Industrial, Commercial
/ Trading, Tourist, Investment and Financial Community. - Within the framework of
the Constitution, the interest of national sovereignty and territorial integrity of the
Republic, ECOZONE shall be developed, as much as possible, into a decentralized,
self-reliant and self-sustaining industrial,commercial/trading, agro-industrial, tourist,
banking, financial and investment center with minimum government intervention.
Each ECOZONE shall be provided with transportation, telecommunications, and other
facilities needed to generate linkage with industries and employment opportunities for
its own inhabitants and those of nearby towns and cities.
The ECOZONE shall administer itself on economic, financial, industrial, tourism
development and such other matters within the exclusive competence of the
national government.
The ECOZONE may establish mutually beneficial economic relations with other
entities within the country, or, subject to the administrative guidance of the
Department of Foreign Affairs and/or the Department of Trade and Industry, with
foreign entities or enterprises.
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The director general shall be assisted by three (3) deputy directors general each
for policy and planning, administration and operation, 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 a degree holder in any of the following fields: economics, business,
public administration, law, management or their equivalent.
The Board shall be composed of thirteen (13) members as follows: the Secretary
of the Department of Trade and Industry as Chairman, the Director General of
the Philippine Economic Zone Authority as Vice-Chairman, the undersecretaries
of the Department of Finance, the Department of Labor and Employment, the
Department of Interior and Local Government, the Department of Environment
and Natural Resources, the Department of Agriculture, the Department of
Public Works and Highways, the Department of Science and Technology, the
Department of Energy, the Deputy Director General of the National Economic and
Development Authority, one (1) representative from the investors / business sector
in the ECOZONE. In case of the unavailability of the Secretary of the Department
of Trade and Industry to attend a particular board meeting, the Director General of
PEZA shall act as Chairman.
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 per diems collected per month does not
exceed the equivalent of four (4) meetings.
SECTION 12. Functions and Powers of PEZA Board. The Philippine Economic Zone
Authority (PEZA) Board shall have the following functions and powers:
a. Set the general policies on the establishment and operations of the ECOZONES,
industrial estates, export processing zones, free trade zones, and the like;
b. 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;
c. Regulate and undertake the establishment, operation and maintenance of
utilities, other services and infrastructure in the ECOZONE, such as heat, light
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and power, water supply, telecommunication, transport, toll roads and bridges,
port services, etc., and to fix just, reasonable and competitive rates, charges
and fees therefore;
d. Approve the annual budget of the PEZA and the ECOZONE development
plans;
e. Issue rules and regulations to implement the provisions of this Act in so far as
its power and functions are concerned;
f. Exercise its powers and functions as provided for in this Act; and
g. Render annual reports to the President and the Congress.
SECTION 13. General Powers and Functions of the Authority. The PEZA shall have
the following powers and functions:
a. To operate, administer, manage and develop the ECOZONE according to the
principles and provisions set forth in this Act;
b. To register, regulate and supervise the enterprises in the ECOZONE in an
efficient and decentralized manner;
c. 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;
d. 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, telecommunication and transportation, buildings, structures,
warehouses, roads, bridges, ports and other facilities for the operation and
development of the ECOZONE;
e. To create, operate and/or contract to operate such agencies and functional
units or offices of the authority as it may deem necessary;
f. 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;
g. To coordinate the formulation and preparation of the development plans of the
different entities mentioned above;
Laws on Bases Conversion
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SECTION 22. Survey of Resources. The PEZA shall, in coordination with appropriate
authorities and neighboring cities and municipalities, immediately conduct a survey
of the physical, natural assets and potentialities of the ECOZONE areas under its
jurisdiction.
SECTION 23. Fiscal Incentives. Business establishments operating within the
ECOZONES shall be entitled to the fiscal incentives as provided for under Presidential
Decree No. 66, the law creating the Export Processing Zone Authority, or those
provided under Book VI of Executive Order No. 226, otherwise known as the Omnibus
Investment Code of 1987.
Furthermore, tax credits for exporters using local materials as Inputs shall enjoy the
same benefits provided for in the Export Development Act of 1994.
SECTION 24. Exemption from National and Local Taxes.Except for real property
taxes on land owned by developers, no taxes, local and national, shall be imposed on
business establishments operating within the ECOZONE. In lieu thereof, five percent
(5%) of the gross income earned by all business enterprises within the ECOZONE shall
be paid and remitted as follows:
a. Three percent (3%) to the National Government;
b. Two percent (2%) which shall be directly remitted by the business establishments
to the treasurers office of the municipality or city where the enterprise is
located.
SECTION 25. Applicable National and Local Taxes.All persons and services
establishments in the ECOZONE shall be subject to national and local taxes under the
National Internal Revenue Code and the Local Government Code.
SECTION 26. Domestic Sales.Goods manufactured by an ECOZONE enterprise
shall be made available for Immediate retail sales in the domestic market, subject to
payment of corresponding taxes on the raw materials and other regulations that may
be adopted by the Board of the PEZA.
However, in order to protect the domestic industry, there shall be a negative list of
Industries that will be drawn up by the PEZA. Enterprises engaged in the industries
included in the negative list shall not be allowed to sell their products locally. Said
negative list shall be regularly updated by the PEZA.
The PEZA, in coordination with the Department of Trade and Industry and the
Bureau of Customs, shall jointly issue the necessary implementing rules and
guidelines for the effective Implementation of this section.
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enterprises shall receive salaries and benefits and shall enjoy working conditions not
less than those provided under the Philippine Labor Code and other relevant laws,
issuances, rules and regulations of the Philippine government and the Department of
Labor and Employment.
SECTION 38. Promotion of Industrial Peace.In the pursuit of Industrial harmony
in the ECOZONE, a tripartite body composed of one (1) representative each from
the Department of Labor and Employment, labor sector and business and industry
sectors shall be created In order to formulate a mechanism under a social pact for the
enhancement and preservation of industrial peace in the ECOZONE within thirty (30)
days after the effectivity of this Act.
SECTION 39. Master Employment Contracts.The PEZA, in coordination with the
Department of Tabor and Employment, shall prescribe a master employment contract
for all ECOZONE enterprise staff members and workers, the terms of which provide
salaries and benefits not less than those provided under this Act, the Philippine Labor
Code, as amended, and other relevant issuances of the national government.
SECTION 40. Percentage of Foreign Nationals.Employment of foreign nationals
hired by ECOZONE enterprises in a supervisory, technical or advisory capacity shall
not exceed five percent (5%) of Its workforce without the express authorization of the
Secretary of Labor and Employment.
SECTION 41. Migrant Worker.The PEZA, in coordination with the Department of
Labor and Employment, shall promulgate appropriate measures and programs leading
to the expansion of the services of the ECOZONE to help the local governments of
nearby areas meet the needs of the migrant workers.
SECTION 42. Incentive Scheme.An additional deduction equivalent to one- half
(1/2) of the value of training expenses incurred In developing skilled or unskilled labor
or for managerial or other management development programs incurred by enterprises
In the ECOZONE can be deducted from the national governments share of three
percent (3%) as provided In Section 24.
The PEZA, the Department of Labor and Employment, and the Department of
Finance shall jointly make a review of the incentive scheme provided In this
section every two (2) years or when circumstances so warrant.
Chapter V
National Government and Other Entities
SECTION 43. Relationship with the Regional Development Council.The PEZA shall
determine the development goals for the ECOZONE within the framework of national
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development plans, policies and goals, and the administrator shall, upon approval by
the PEZA Board, submit the ECOZONE plans, programs and projects to the regional
development council for inclusion in and as inputs to the overall regional development
plan.
SECTION 44. Relationship with the Local Government Units.Except as herein
provided, the local government units comprising the ECOZONE shall retain their basic
autonomy and identity. The cities shall be governed by their respective charters and
the municipalities shall operate and function In accordance with Republic Act No.
7160, otherwise known as the Local Government Code of 1991.
SECTION 45. Relationship of PEZA to Privately-Owned Industrial Estates.Privatelyowned industrial estates shall retain their autonomy and independence and shall be
monitored by the PEZA for the implementation of incentives.
SECTION 46. Transfer of Resources.The relevant functions of the Board of Investments
over industrial estates and agri-export processing estates shall be transferred to the
PEZA. The resources of government-owned Industrial estates and similar bodies
except the Bases Conversion Development Authority and those areas identified under
Republic Act No. 7227, are hereby transferred to the PEZA as the holding agency. They
are hereby detached from their mother agencies and attached to the PEZA for policy,
program and operational supervision.
The Boards of the affected government-owned industrial estates shall be phased
out and only the management level and an appropriate number of personnel shall
be retained.
Government personnel whose services are not retained by the PEZA or any
government office within the ECOZONE shall be entitled to separation pay and
such retirement and other benefits they are entitled to under the laws then in force
at the time of their separation: Provided, That in no case shall the separation pay
be less than one and one-fourth (1 1/4) month of every year of service.
Chapter VI
Miscellaneous Provisions
SECTION 47. Appropriation.Upon the effectivity of this Act, all funds of the former
Export Processing Zone Authority (EPZA) shall be transferred to the newly-created
Philippine Economic Zone Authority, Thereafter, any sum as may be necessary to
augment its capital outlay shall be Included In the General Appropriations Act to be
treated as an equity of the national government.
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This Act, which is a consolidation of House Bill No. 14295 and Senate Bill No. 1061
was finally passed by the House of Representatives and the Senate on February 21,
1995.
Approved:
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as the
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Section 4. Chapter III, Section 24 of Republic Act No. 7916 is hereby amended to
read as follows:
"Section 24. Exemption from National and Local Taxes. Except for real property
taxes on land owned by developers, no taxes, local and national, shall be imposed
on business establishments operating within the ECOZONE. In lieu thereof, five
percent (5%) of the gross income earned by all business enterprises within the
ECOZONE shall be paid and remitted as follows:
a. "Three percent (3%) to the National Government;
b. "Two percent (2%) which shall be directly remitted by the business
establishments to the treasurer's office of the municipality or city where
the enterprise is located."
Section 5. Chapter III, Section 25 of Republic Act No. 7916 is hereby amended to
read as follows:
"Section 25. Applicable National and Local Taxes. All persons and service
establishments in the ECOZONE shall be subject to national and local taxes under
the National Internal Revenue Code and the Local Government Code."
Section 6. Chapter III, Section 29 of Republic Act No. 7916, is hereby amended to
read as follows:
"Section 29. Eminent Domain. x x x
"If in the establishment of a publicly-owned ECOZONE, any person or group
of persons who has been occupying a parcel of land within the Zone has to
be evicted, the PEZA shall provide the person or group of persons concerned
with proper disturbance compensation: provided, however, that in the case of
displaced agrarian reform beneficiaries, they shall be entitled to the benefits under
the Comprehensive Agrarian Reform Law, including but not limited to Section
36 of Republic Act No. 3844, in addition to a homelot in the relocation site, and
preferential employment in the project being undertaken."
Section 7. Chapter VI, Section 50 of Republic Act No. 7916 is hereby amended to
read as follows:
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Section 8. Effectivity Clause. This Act shall take effect after fifteen (15) days
following its publication in the Official Gazette or in two (2) newspapers of general
circulation whichever comes earlier.
Approved, June 1, 1999.
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This Act which is a consolidation of House Bill No. 4900 and Senate Bill No. 2259 was
finally passed by the House of Representatives and the Senate on January 31, 2007 and
February 5, 2007, respectively.
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122 Hectares
348
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5,612
370
1,755
17,847
36,778 Hectares
The total area of the CSEZ is 28,041 hectares, more or less, subject to actual survey,
covering Clark Air Base proper (4,440 has.) and portions of the Clark reverted baselands
(23,601 has.).
SECTION 2. TRANSFER OF CSEZ AREAS TO THE BASES CONVERSION AND
DEVELOPMENT AUTHORITY.The Clark Air Base proper covering 4,440 hectares,
more or less, and portions of the Clark reverted baselands covering 23,601 hectares,
more or less, totalling 28,041 hectares declared as the total area of the CSEZ in
accordance with Section 1 hereof are hereby transferred to the BCDA.
These areas are approximate and subject to actual ground surveys.
The BCDA shall determine utilization and disposition of the above mentioned lands.
SECTION 3. GOVERNING BODY OF THE CLARK SPECIAL ECONOMIC ZONE.
Pursuant to Section 15 of R.A. 7227, the BCDA is hereby established as the governing
body of the CSEZ. The BCDA shall promulgate all necessary policies, rules and
regulations to govern and regulate the CSEZ thru the operating and implementing arm
it shall establish for the CSEZ.
SECTION 4. MEMORANDA OF AGREEMENTS.The areas inside the Clark Air Base
proper intended for use by the military, by the Mt. Pinatubo Assistance, Resettlement
and Development Commission, by the University of the Philippines (U.P.) and other
institutions, if any, shall be delineated and covered by separate Memoranda of
Agreements to be agreed upon and entered into by the BCDA and DND/AFP, the
Pinatubo Commission, the U.P. and the other institutions, subject to the final approval
of the President.
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ANTONIO T. CARPIO
Chief Presidential Legal Counsel
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The CDC shall be subject to the policies, rules and regulations of the BCDA for the
CSEZ.
SECTION 2. POWERS AND FUNCTIONS OF THE CLARK DEVELOPMENT
CORPORATION.The BCDA, as the incorporator and holding company of its Clark
subsidiary, shall determine the powers and functions of the CDC. Pursuant to Section
15 of RA 7227, the CDC shall have the specific powers of the Export Processing Zone
Authority as provided for in Section 4 of Presidential Decree No. 66 (1972) as amended.
SECTION 3. BOARD OF DIRECTORS.The powers of the CDC shall be vested in
and exercised by a Board of Directors (Board) which shall be composed of eleven
(11) members each of whom shall be a stockholder of the CDC: Provided, That, the
composition of the CDC Board is subject to the provisions of Section 16 of RA 7227.
The members of the Board representing the equity or capital stock in CDC of BCDA
and other national government agencies shall be nominated by the President.
No person shall be nominated as a member of the Board representing national
government capital stocks in CDC unless he is a Filipino citizen, of good moral
character, and of recognized competence in relevant fields including but not limited
to economics, management, international relations, law or engineering. Preference in
the designation of the members of the Board shall be given to residents within the local
government units that concur to join the CSEZ.
SECTION 4. CAPITALIZATION.The capitalization of CDC shall be determined by
its incorporators and holding company, the BCDA, which shall include the following:
4.1 Cash equity provided by the BCDA and other agencies and instrumentalities
of government;
4.2 Portions of or all of the lands embraced and covered by the CSEZ, as well as
permanent improvements and fixtures therein upon proper inventory; and
4.3 All other assets which the President may transfer to the CDC as part of the
equity contribution of the Government.
SECTION 5. INVESTMENT CLIMATE IN THE CSEZ.Pursuant to Section 5 (m) and
Section 15 of RA No. 7227, the BCDA shall promulgate all necessary policies, rules and
regulations governing the CSEZ, including investment incentives, in consultation with
the local government units and pertinent government departments for implementation
by the CDC.
Among others, the CSEZ shall have all the applicable incentives in the Subic Special
Economic and Free Port Zone under RA No. 7227 and those applicable incentives
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granted in the Export Processing Zones, the Omnibus Investments Code of 1987, the
Foreign Investments Act of 1991 and new investments laws which may hereinafter be
enacted.
The CSEZ Main Zone covering the Clark Air Base proper shall have all the aforecited
investment incentives, while the CSEZ Sub-Zone covering the rest of the CSEZ shall
have limited incentives. The full incentives in the Clark SEZ Main Zone and the limited
incentives in the Clark SEZ Sub-Zone shall be determined by the BCDA.
SECTION 6. LOCAL AUTONOMY.Except as herein provided, the affected local
government units shall retain their basic autonomy and identity. Angeles City shall
be governed by its charter and the Municipalities of Porac, Mabalacat, Bamban and
Capas shall operate and function in accordance with Republic Act No. 7160, otherwise
known as the Local Government Code of 1991. In case of conflict between the CDC
and the local government units concerned on matters affecting the CSEZ other than
defense and security, the decision of the CDC shall prevail.
SECTION 7. ROLE OF DEPARTMENTS, BUREAUS, OFFICES, AGENCIES AND
INSTRUMENTALITIES.All heads of departments, bureaus, offices, agencies and
instrumentalities of the government are hereby directed to give full support to the
Clark conversion program and to coordinate with the BCDA to facilitate the necessary
approvals to expedite the implementation of the various projects of the conversion
program.
SECTION 8. REPEALING CLAUSE.All presidential issuances, rules and regulations
or parts thereof which are inconsistent with the provisions of this Executive Order are
hereby repealed, amended or modified accordingly.
SECTION 9. EFFECTIVITY.This Executive Order shall take effect immediately.
DONE in the City of Manila, this 3rd day of April in the year of Our Lord, Nineteen
Hundred and Ninety-Three.
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Specifically, the areas covered by the CSEZ and the areas excluded are as follows:
I. AREAS COVERED BY THE CSEZ
1. Cark Air Base Proper
APPROXIMATE AREA
4,440 Hectares
23,601
28,041 Hectares
II. AREAS IN THE REVERTED BASELANDS EXCLUDED FROM THE CLARK SEZ:
1. For the Pinatubo Commission Resettlement Sites in Zones B & D
a. Under Proclamation No. 812
122 Hectares
(11 October 1991)
b. Under Proclamation No. 813
348
(11 October 1991)
2. For the Sacobia Development Authority
Resettlement Project in Zone D
Under Proclamation No. 1955
(25 March 1980)
3. For DND/Military Use:
a. ODonnell Transmitted Station
b. ODonnell Excepted area
c. Zone C (Crow Valley)
5,612
370
1,755
17,847
7,006
1,749
1,969
The total area of the CSEZ is 28,041 hectares, more or less, subject to actual survey,
covering Clark Air Base proper (4,440 hectares) and portions of Clark reverted
baselands (23,601 hectares).
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Section 2. Transfer of CSEZ Areas to the Bases Conversion and Development Authority.
The Clark Air Base proper covering 4,440 hectares, more or less, and portions of
the Clark reverted baselands covering 23,601 hectares, more or less, totalling 28,041
hectares declared as the total area of the CSEZ in accordance with Section 1 hereof are
hereby transferred to the BCDA.
These areas are approximate and subject to actual ground surveys.
The BCDA shall determine utilization and disposition of the above mentioned lands.
Section 3. Governing Body of the Clark Special Economic Zone. Pursuant to Section
15 of R.A. 7227, the BCDA is hereby established as the governing body of the CSEZ.
The BCDA shall promulgate all necessary policies, rules and regulations to govern and
regulate the CEZ thru the operating and implementing arm it shall establish for the
CSEZ.
Section 4. Memoranda of Agreements. The areas inside the Clark Air Base proper
intended for the use of the military, by the Mt. Pinatubo Assistance, resettlement
and development Commission, by the University of the Philippines (U.P.) and other
institutions, if any shall be delineated and covered by separate Memoranda of
Agreements to be agreed upon and entered into by the BCDA and DND/AFP, the
Pinatubo Commission, the U.P. and other institutions, subject to the final approval of
the President.
This Proclamation shall take effect immediately.
Done in the City of Manila, this 3rd day of April in the year of our Lord, Nineteen
Hundred and Ninety-Three.
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WHEREAS, Sacobia, once included in the CSEZ, will enjoy the incentives and
privileges granted to the CSEZ thereby ensuring the development of the area through
active participation of private investors and entrepreneurs and the attainment of the
basic goals and objectives for Sacobia and its communities;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines,
by virtue of the powers vested in me by law and the sovereign will of the people, do
hereby include in the Clark Special Economic Zone the five thousand seven hundred
twenty four (5,724) hectare portion located in the municipalities of Mabalacat,
Pampanga and Bamban, Tarlac, more commonly known as Sacobia, which parcels
of land, subject to the final survey and delineation on the ground by the Department
of Environment and Natural Resources (DENR), are described and defined in Survey
No. SWO-03-000083 of the DENR, Region III, Land Management Sector. Further,
vested rights and valid ancestral domain claims within the Sacobia area as verified and
validated by the DENR and other pertinent government agencies shall be respected.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed. cd
DONE in the City of Manila, this 14th day of June, in the year of Our Lord, Nineteen
Hundred and Ninety-Six.
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in the
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By the President:
(Sgd.) ALEXANDER P. AGUIRRE
Acting Executive Secretary
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and
WHEREAS, Republic Act No. 7227 mandated the Bases Conversion Development
Authority (BCDA) to adopt, prepare and implement a comprehensive and detailed plan
for the sound and balanced conversion of the Clark and Subic military reservations and
their extensions;
WHEREAS, Executive Order No. 80, series of 1993, established Clark Development
Corporation (CDC) as the implementing arm of BCDA for the Clark Special Economic
Zone which envisioned Clark to be converted into an international civil aviation comp,
a modern industrial estate and tourism, trade and business center for Luzon and Asia;
WHEREAS, Executive Order No. 360, amending Executive Order No. 192, provided
that Clark International Airport Corporation (CIAC) shall be a wholly-owned subsidiary
of BCDA to operate and manage the Clark Aviation Comp;
WHEREAS, in the course of the development of the Clark Special Economic Zone,
CDC and CIAC have been observed to be competing with each other and pursuing
their policies and operations without coordination and, at times, in an inconsistent
manner;
WHEREAS, to address the unproductive competition and overlapping functions
between the CDC and CIAC, the BCDA proposes the merger of the two corporations,
with the CDC as the surviving corporation;
WHEREAS, the proposed merger would mean a P50 to 60 million savings for the
government.
Section 1. The merger of CDC and CIAC is hereby authorized subject to the provisions
of the Corporation Code.
Section 2. The Chairman of the BCDA is directed to prepare a plan and take all
the necessary steps towards effecting the merger of CDC and CIAC, with CDC as the
surviving corporation.
Section 3. The BCDA Chairman shall submit a report to the President on the action
taken as soon as the merger shall have been completed.
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Section 4. All orders, rules and regulations, or parts thereof which are inconsistent
with this Executive Order are hereby repealed, amended or modified accordingly.
Section 5. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 26th day of March, in the year of Our Lord, Two
Thousand and One.
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This may also be augmented by foreign assistance grants to be sourced by the National
Economic Development Authority, the Coordinating Council of the Philippine
Assistance Program, the Department of Transportation and Communications and the
Bases Conversion Development Authority.
This Executive Order shall take effect immediately.
DONE in the City of Manila this 28th day of April in the year of our Lord, Nineteen
Hundred and Ninety-four.
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promulgated by the Securities and Exchange Commission. The CIAC shall be subject to
the policies, rules and regulations promulgated by the Bases Conversion Development
Authority (BCDA)/CDC.
Section 2. Exemption from Civil Service Laws, Rules and Regulations.Pursuant
to Section 16 of Republic Act No. 7227 (1992), the CIAC shall be exempt from the
coverage of Civil Service laws, rules and regulations.
Section 3. Board of Directors.Subject to Section 16 of Republic Act No. 7227
(1992), the powers of the CIAC shall be vested in and exercised by a Board of Directors
which shall be composed of not more than eleven (11) members.
The members of the Board representing the equity of the CDC and other government
corporations or agencies in the capital stock of the CIAC shall be nominated by the
President of the Philippines. No person shall be nominated as a member of the Board
representing the equity in the capital stock of the national government in CIAC unless
he is a Filipino citizen, of good moral character, and of recognized competence in
relevant fields including but not limited to civil aviation, economics, tourism, law or
engineering.
Section 4. Capitalization.The capitalization of the CIAC shall be determined by the
BCDA/CDC which shall include the following:
a. Cash equity to be provided by CDC;
b. Portions of or all government lands embraced and covered by the Clark
Aviation Comp, as well as permanent improvements and fixtures therein upon
proper inventory; and
c. All other assets which the President may transfer to the CIAC as part of the
equity contribution of the Government.
Section 5. Transfer of Clark Air Base Proper. In view of Section 4 hereof, and pending
the full development of the Clark Reverted Baselands, the BCDA shall transfer to the
CDC the land comprising, and the permanent improvements and fixtures within, the
4,440 hectares, more or less, covering the Clark Air Base Proper under Proclamation
No. 163 (1993).
Section 6. Role of Departments, Bureaus, Offices, Agencies, Instrumentalities
of the Government.All heads of departments, bureaus, offices, agencies and
instrumentalities of the government are hereby directed to give full support to the
Clark International Airport development program and to coordinate with the CDC and
the BCDA to facilitate the necessary approvals to expedite the implementation of the
various aspects of the conversion program.
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Section 7. Repealing Clause. All executive issuances, rules and regulations or parts
thereof which are inconsistent with the provisions of this Executive Order are hereby
repealed, amended, or modified accordingly.
Section 8. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 27th day of July in the year of Our Lord, Nineteen
Hundred and Ninety-Four.
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SECTION 3. The BCDA Chairman shall submit a report to the President on the action
taken as soon as the re-establishment of CIAC shall have been completed.
SECTION 4. All orders, rules and regulations, or parts thereof which are inconsistent
with this Executive Order are hereby repealed, amended or modified accordingly.
SECTION 5. This Executive Order shall take effect immediately.
DONE in the City of Manila, this 10th day of March, in the year of our Lord, two
thousand and three.
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For this purpose, the MIAA, through its General Manager, shall perform any of the
following actions, with respect to the Loag International Airport, the Diosdado
Macapagal International Airport (formerly the Clark International Airport), the Subic
International Airport, the Mactan-Cebu International Airport, the Francisco Bangoy
International Airport in Davao, the General Santos International Airport, the Zamboanga
International Airport, and such other international airports as may be established in the
Philippines:
a. a. Act directly on any matter involving the management, operation, maintenance
or development of any of the international airports in the Philippines;
b. Direct any of the officials of the international airports to perform their duties or
retrain the commission of acts;
c. Review, approve, reverse or modify acts and decisions of the governing board,
officials or units of all the international airports;
d. Determine priorities in the execution of plans and programs; and
e. Prescribe standards, guidelines, plans and programs.
SECTION 2. Report to the President. The MIAA, through its General Manager, shall
submit to the President, through the Secretary of the Department of Transportation and
Communications, an integrated and comprehensive annual report generally dealing
with the expanded functions, activities and operations of the MIAA as provided herein.
SECTION 3. Rules and Regulations. The MIAA, in consultation with the DOTC
Secretary, is hereby authorized to issue rules and regulations for the effective
implementation of the provisions of this Executive Order.
SECTION 4. Assistance. The MIAA and the MIAA General Manager may call upon
any agency or office
of the Government for such assistance as may be necessary or appropriate in the
performance of its/his functions as directed herein.
All heads of departments, agency bureaus and offices, including government-owned or
controlled corporations, are hereby enjoined to render full assistance and cooperation
to the MIAA and the MIAA General Manager, and to provide such information and data
as may be required to carry out its/his functions pursuant t this Order.
SECTION 5. Repealing Clause. All executive issuances, rules and regulations or parts
thereof which are inconsistent with the provisions of this Executive
Order are hereby repealed, amended, or modified accordingly.
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Conversion and Development Authority (BCDA) to operate and manage the Clark Civil
Aviation Complex (CCAC) defined herein. The ownership of CIAC shall revert to the
BCDA which shall be the recipient of the dividends from CIAC.
SECTION 2. CIAC shall be subject to the policy supervision of the Department of
Transportation and Communications (DOTC).
SECTION 3. CDC shall remain the implementing arm of BCDA within the Clark
Freeport Zone and Clark Special Economic Zone, pursuant to Section 15 of RA 7227
and RA 9400.
SECTION 4. Board of Directors. The powers of the CIAC shall be vested in and
exercised by the Board of Directors which shall be composed of not more than nine
(9) members,
The Chairman and Members of the Board shall be nominated by the President of the
Philippines,
No person shall be nominated as a member of the Board of CIAC unless he is a Filipino
citizen, of good moral character, and of recognized competence in relevant fields
including but not limited to civil aviation, economics, finance, law, engineering or
management
SECTION 5. CIAC shall only engage in aviation, aviation-related services, and aviationrelated logistics activities. All lease and business arrangements pertaining to the said
services /activities shall now be solely undertaken by CIAC.
SECTION 6. The Clark Civil Aviation Complex (CCAC) shall comprise the area of two
thousand two hundred (2,200) hectares, and shall be under the jurisdiction of the
CIAC.
SECTION 7. The Clark Industrial Estate 5 (IE5) area measuring approximately 290
hectares is hereby declared a logistics center.
The area of approximately 166.9 hectares within the IE5 area, which is bounded on
the East by the East Perimeter Wall; on the West by the Subic-Ciark-Tarlac Expressway
(SCTEX) Interchange; and on the North by the SCTEX Logistics Interchange, shall be
under the jurisdiction of CIAC. The remaining areas shall be under the jurisdiction of
CDC
SECTION 8. The BCDA is hereby directed to prepare an implementing plan and take
the necessary steps towards effecting the transformation of CIAC, as BCDA's subsidiary,
pursuant to Section 16 of RA No. 7227, to include all aspects that will govern the
relationships among BCDA, CDC and CIAC.
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transportation and communications system, as well as of the fast, safe, efficient and
reliable postal, transportation and communications services;
WHEREAS, to ensure the continued development of the CCAC, there is a need to
establish clear lines of authority and accountability by directing a specific cabinet
office to exercise primary oversight functions over the same;
WHEREAS, in order for the DOTC to effectively oversee and monitor the development
of the CCAC, there is a need to transfer administrative control and supervision over
CIAC to the DOTC; and
WHEREAS, the Administrative Code of 1987 grants the President the continuing
authority to reorganize the administrative structure of the Executive Branch.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines,
by virtue of the powers vested in me by the Constitution and existing laws, do hereby
order:
SECTION 1. CIAC as an attached agency of the DOTC. CIAC is hereby attached to the
DOTC which shall exercise administrative control and supervision over CIAC.
SECTION 2. Board of Directors. The powers and functions of the CIAC shall be vested
in and exercised by a Board of Directors to be composed of eleven (11) members, as
follows:
Chairperson:
Vice Chairperson:
Secretary of Tourism;
Members:
SECTION 3. Transfer of Shares of Stock and Control Over Assets and Facilities. The
BCDA, or the entity or persons in whose names the shares of stock of CIAC are registered
at present, are hereby ordered to transfer and convey immediately to the National
Government all the shares of stock of CIAC in order for the National Government
Laws on Bases Conversion
126
to own and hold all such shares of stock as the registered stockholder of record and
deliver all the shares in the name of the National Government to the Secretary of
Transportation and Communications on behalf of the Republic of the Philippines;
Provided, however, that any delay in the execution of such documents of transfer and
conveyance of the shares of stock of the National Government shall not, in any event,
delay, hinder or deter the immediate exercise of all powers of control and supervision
over CIAC by the Secretary of Transportation and Communications, including without
limitation, the power to recommend the appointment or removal and replacement of
the members of the Board of Directors and officers of CIAC, subject to the provisions
of RA 10149.
SECTION 4. Role of Departments, Bureaus, Offices, Agencies, Instrumentalities of
the Government. The Secretary of Transportation and Communications may call upon
the Department of Finance (DOF), Department of Budget and Management (DBM),
National Economic and Development Authority (NEDA), BCDA, CDC, and any other
agency of the Government for such assistance as may be necessary or appropriate in
the performance of his functions.
All heads of departments, agencies, bureaus, offices, including government-owned or
controlled corporations, are hereby enjoined to render full assistance and cooperation
to the Secretary of Transportation and Communications and provide such information
and data as may be required to carry out his functions pursuant to this Order.
SECTION 5. Repeal. All issuances, orders, rules and regulations, or parts thereof,
which are inconsistent with this Executive Order are hereby repealed amended or
modified accordingly.
SECTION 6. Separability. If any provision of this Executive Order is declared invalid
or unconstitutional, the other provisions unaffected shall remain valid and subsisting.
SECTION 7. Effectivity. This Executive Order shall take effect immediately upon
publication in a newspaper of general circulation.
DONE, in the City of Manila, this 21st day of December, in the Year of our Lord, Two
Thousand and Eleven.
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By the President:
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determine the powers and functions of JHDC. The JHDC shall be exempt from the
coverage of the Civil Service laws, rules and regulations.
SECTION 3. Board of Directors. The powers of the JHDC shall be vested in and
exercised by a Board of Directors (Board) which shall be composed of not more than
eleven (11) members; provided that the composition of the JHDC Board shall be subject
to the provisions of Section 16 of RA 7227.
The members of the Board representing the equity or capital stock in JHDC of BCDA
and other national government agencies shall be nominated by the President.
No person shall be nominated as a member of the Board representing the capital stock
of the national government in JHDC unless he is a Filipino citizen, of good moral
character, and of recognized competence in relevant fields including but not limited to
economics, tourism, management, international relations, law or engineering.
SECTION 4. Capitalization. The capitalization of the JHDC shall be determined by
the BCDA, which shall include the following:
4.1 Cash equity provided by the BCDA and other agencies and instrumentalities
of government;
4.2 Portions of or all of the lands, embrace and covered by Club John Hay, as well
as permanent improvements and fixtures therein upon proper inventory; and
4.3 All other assets which the President may transfer to the JHDC as part of the
equity contributions of the Government.
SECTION 5. Role of Departments, Bureaus, Offices, Agencies and Instrumentalities.
All heads of departments, bureaus, offices, agencies and instrumentalities of the
government are hereby directed to give full support to the John Hay conversion
program and to coordinate with the BCDA to facilitate the necessary approvals to
expedite the implementation of the various projects of the conversion program.
SECTION 6. Repealing Clause. All executive issuances, rules and regulations or
parts thereof which are inconsistent with the provisions of this Executive Order are
hereby repealed, amended or modified accordingly.
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as such, authorized to determine the utilization and disposition of the lands comprising
it, subject to private rights, if any, and in consultation and coordination with the City
Government of Baguio after consultation with its inhabitants, and to promulgate the
necessary policies, rules, and regulations to govern and regulate the zone thru the
John Hay Poro Point Development Corporation, which is its implementing arm for its
economic development and optimum utilization.
Section 3. Investment Climate in John Hay Special Economic Zone.Pursuant to Sections
5(m) Section 15 of Republic Act No. 7227, the John Hay Poro Point Development
Corporation shall implement all necessary policies, rules, and regulations governing
the zone, including investment incentives, in consultation with pertinent government
departments. Among others, the zone shall have all the applicable incentives of
the Special Economic Zone under Section 12 of Republic Act No. 7227 and those
applicable incentives granted in the Export Processing Zones, the Omnibus Investment
Code of 1987, the Foreign Investment Act of 1991, and new investment laws that may
hereinafter be enacted.
Section 4. Role of Departments, Bureaus, Offices, Agencies and Instrumentalities.
All heads of departments, bureaus, offices, agencies, and instrumentalities of the
government are hereby directed to give full support to Bases Conversion and
Development Authority and/or its implementing subsidiary or joint venture to facilitate
the necessary approvals to expedite the implementation of various projects of the
conversion program.
Sec. 5. Local Authority.Except as herein provided, the affected local government units
shall retain their basic autonomy and identity.
Sec. 6. Repealing Clause.All orders, rules, and regulations, or parts thereof, which are
inconsistent with the provisions of this Proclamation, are hereby repealed, amended,
or modified accordingly.
Sec. 7. Effectivity.This Proclamation shall take effect immediately.
Done in the City of Manila, this 5th day of July, in the year of Our Lord, nineteen
hundred and ninety four.
(Sgd.) FIDEL V. RAMOS
President of the Philippines
By the President:
(Sgd.) TEOFISTO T. GUINGONA, JR.
President of the Philippines
Laws on Bases Conversion
134
and
of
of
1993
135
136
137
N.
S.
07
70
deg.
deg.
54
13
W.,
E.,
66.29 m.
117.94 m.
to point 2;
to point 3;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
N.
N.
N.
N.
N.
S.
N.
S.
S.
S.
N.
S.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
N.
N.
N.
S.
S.
N.
N.
03
81
74
07
72
46
69
05
00
78
02
20
58
40
11
70
71
41
85
37
32
29
58
15
07
28
37
70
32
05
52
65
45
29
35
34
54
40
87
75
54
30
72
75
51
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
41
41
34
46
06
50
39
12
19
10
40
57
50
45
47
40
19
32
39
50
18
30
52
53
14
46
23
06
48
35
47
47
33
17
46
22
54
22
45
30
38
31
35
48
11
E.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
W.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
50.31 m.
86.17 m.
34.64 m.
122.93 m.
841.68 m.
205.17 m.
72,60 m.
57.48 m.
27.75 m.
49.72 m.
30.00 m.
107.18 m.
82.83 m.
84.51 m.
227.86 m.
63.54 m.
72.24 m.
82.01 m.
18.86 m.
42.27 m.
35.30 m.
102.43 m.
14.45 m.
70.81 m.
46.82 m.
65.44 m.
185.10 m.
43.27 m.
28.68 m.
47.20 m.
46.05 m.
36.67 m.
85.32 m.
158.24 m.
43.40 m.
61.20 m.
93.16 m.
140.03 m.
513.91 m.
54.90 m.
58.94 m.
57.79 m.
34.64 m.
104.06 m.
51.66 m.
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to point 19;
to point 20;
to point 21;
to point 22;
to point 23;
to point 24;
to point 25;
to point 26;
to point 27;
to point 28;
to point 29;
to point 30;
to point 31;
to point 32;
to point 33;
to point 34;
to point 35;
to point 36;
to point 37;
to point 38;
to point 39;
to point 40;
to point 41;
to point 42;
to point 43;
to point 44;
to point 45;
to point 46;
to point 47;
to point 48;
138
thence
thence
N.
N.
31
55
deg.
deg.
58
37
W.,
E.,
24.95 m.
153.69 m.
to point 49;
to the point of
beginning; containing an area of Five Hundred Twenty Seven Thousand Seventy Five
(527,075) Square Meters more or less. All points referred to are indicated on plan and
are marked on the ground as follows: Points 6,7,8,16,17,18 by old square mons. 15
x 15 cms.; rest are square mons. 15 x 15 cms. marked BCDA. Bearings true; Date of
consolidation subdivision survey on January 19, 1993 and April 07, 1993, executed by
Engr. Dionisio M. Ines and was approved on August 26, 1993.
Lot 2, Ccs-131102-000030
Bases Conversion & Devt, Authority
HALF WAY HOUSE
A parcel of land (Lot 2, Ccs-131102-000030 being a portion of consolidated lots of
II-5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. 3, City of Baguio,
Island of Luzon. Bounded on the N., E., and S., along lines 5-1-2-3-4 by Lot I of the
consolidation subdivision plan; on the W., along line 4-5 by Forbes Park Reservation
Proc. 10. Beginning at a point marked 1 on plan, being equal to corner 1, triangulation
station Baguio, thence,
thence
thence
thence
thence
thence
S.
S.
N.
N.
S.
81
03
70
07
74
deg.
deg.
deg.
deg.
deg.
41
41
13
54
34
E.,
W.,
W.,
W.,
E.,
86.17 m.
50.31 m.
117.94 m.
32.29 m.
34.64 m.
to point 2;
to point 3;
to point 4;
to point 5;
to the point of
beginning; containing an area of Four Thousand Five Hundred Fifteen (4,515) Square
Meters more or less. All points referred to are indicated on plan and are marked on the
ground as follows: Point 5 by old square mons. 15 x 15 cms. & rest by square mons.
15 x 15 cms. marked BCDA. Bearings true; Date of consolidation subdivision survey
on January 19, 1993 and April 07, 1993, executed by Engr. Dionisio M. Ines and was
approved on August 26, 1993.
Lot 3, Ccs-131102-000030
Bases Conversion & Devt. Authority
MILE HI
A parcel of land (Lot 3, Ccs-131102-000030 being a portion of consolidated lots of
TT-5958 (portion) and Lot 1, TT-5958 Amd.) situated at Res. Sec. 3, City of Baguio,
Island of Luzon. Bounded on the E., SW;, W., NW., N., and NE., along lines 1-2-3-45-6-7-8-9-10-11-12-1 by Lot I of the consolidation subdivision plan. Beginning at a
point marked 1 on plan being S. 89 deg., 22 E., 7.71.31 m. from triangulation station
Baguio thence;
139
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
N.
N.
N.
N.
N.
N.
N.
S.
S.
S.
S.
58
29
45
65
52
05
32
70
37
28
07
15
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
52
17
33
47
47
35
48
06
23
46
14
53
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
14.45 m.
158.24 m.
85.32 m.
36.67 m.
46.05 m.
47.20 m.
28.68 m.
43.27 m.
185.10 m.
65.44 m.
46.82 m.
70.81 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to the point of
beginning; containing an area of Twenty Thousand One Hundred Ninety Nine (20,199)
Square Meters more or less. All points referred to are indicated on plan and are marked
on the ground as follows: all points by square mon. 15 x 15 cms. marked BCDA.
Bearings true; Date of consolidation subdivision survey on January 19, 1993 and April
07, 1993, executed by Engr. Dionisio M. Ines and was approved on August 26, 1993.
Lot 4, Ccs-131102-000030
Bases Conversion & Devt. Authority
CONFERENCE CLUSTER
A parcel of land (Lot 4, Ccs-131102-000030 being a portion of consolidated lots of II5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. 3, City of Baguio, Island
of Luzon. Bounded on the E., and SE., along lines 1-2-3-4-5 by Lot 5; on the S., along
line 5-6 by Lot 7; on the NW., and SW., along lines 6-7-8-9-10 by Lot 1 (portion); on
the NE., along lines 10~11-12-1 by Lot 1 (portion), all of the consolidation subdivision
plan. Beginning at a point marked 1 on plan being S. 78 deg., 51 E., 870.35 m. from
triangulation station Baguio, thence;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
S.
S.
S.
N.
N.
N.
N.
N.
S.
S.
S.
05
32
16
18
86
40
54
34
35
29
32
37
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
37
26
48
55
33
22
54
22
46
30
18
50
W.,
W.,
W.,
E.,
W.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
7.15 m.
81.46 m.
13.25 m.
13.36 m.
125.97 m.
140.03 m.
93.16 m.
61.20 m.
43.40 m.
102.43 m.
35.30 m.
42.27 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to the point of
140
beginning; containing an area of Twenty Thousand Six Hundred Fifty (20,650) Square
Meters more or less. All points referred to are indicated on plan and are marked on the
ground as follows: all points by square mons. 15 x 15 cms. marked BCDA. Bearings
true; Date of consolidation subdivision Survey on January 19, 1993, executed by Engr.
Dionisio M. Ines and was approved on August 26, 1993.
Lot 5, Ccs-131102-000030
Bases Conversion & Devt. Authority
IGOROT LODGE
A parcel of land (Lot 5, Ccs-131102-000030 being a portion of consolidated lots of
IT-5958 (portion) and Lot 1, TI-5958 Amd.) Situated at Res. Sec. J, City of Baguio,
Island of Luzon. Bounded on the NE., and N. along lines 18-1-2-3 by Lot 1; on the SE.,
and S., along lines 3-4-5-6-7-8-9-10 by Lot 6; on the SW., along lines 10-11-12 by Lot
7; on the NW., and W., along lines 14-15-16-17-18 by Lot 4, all of the consolidation
subdivision. Beginning at a point marked 1 on plan being S. 78 deg., 59 E. from
triangulation station Baguio; thence;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
S.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
41
71
41
54
71
88
83
81
74
60
49
40
30
18
16
32
05
85
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
32
19
20
52
06
12
48
46
35
24
02
02
18
55
48
26
37
39
E.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
82.01
72.24
61.28
19.05
18.16
28.12
15.02
15.16
14.94
15.26
14.98
13.32
13.24
13.36
13.25
81.46
7.15
18.86
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
to point 2;
to point 3;
to point 4;
to point S;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to the point of
beginning; containing an area of Sixteen Thousand Fifty Nine (16,059) Square Meters
more or less. All points referred to are indicated on plan and are marked on the ground
as follows: all points by square monuments 15 x 15 cms. marked BCDA. Bearings
true; Date of consolidation subdivision survey on January 19, 1993, executed by Engr.
Dionisio M. Ines and was approved on August 26, 1993.
141
Lot 6, Ccs-131102-000030
Bases Conversion & Devt. Authority
ACCOMODATION CLUSTER
A parcel of land (Lot 6, Ccs-131102-000030 being a portion of consolidated lots of II5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. J, City of Baguio, Island
of Luzon. Bounded on the SW., along line 1-2 by Lot 7; on the NE. and NW., along
lines 2-3-4-S-6-7-8-9 by Lot 5; on the N., along line 9-10 by Lot 1, of the consolidation
subdMsiOn plan; on the SE., and S., along lines 10-11-1 by Republic of the Philippines
Camp John Hay, TCT No. T- 3812. Beginning at a point marked 1 on plan being S.
65 deg., 26 E., 1840.39 m. from triangulation station Baguio, thence;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
N.
S.
S.
S.
S.
N.
N.
N.
S.
S.
N.
37
74
81
83
88
71
54
41
70
26
89
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
50
35
46
48
12
06
52
20
40
00
34
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
156.83 m.
14.94 m.
15.16 m.
15.02 m.
28.12 m.
18.16 m.
19.05 m.
61.28 m.
63.54 m.
175.01 m.
32.72 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to the point of
142
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
S.
S.
S.
S.
S.
N.
N.
S.
S.
S.
N.
N.
N.
N.
N.
N.
S.
86
30
40
49
60
37
89
56
69
13
71
11
43
87
61
02
04
87
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
33
18
02
02
24
50
34
23
31
39
29
57
46
29
57
38
09
45
E.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
W.,
E.,
125.97 m.
13.24 m.
13.32 m.
14.98 m.
15.26 m.
156.83 m.
163.78 m.
263.92 m.
195.62 m.
70.42 m.
31.21 m.
54.13 m.
39.41 m.
97.14 m.
29.86 m.
52.12 m.
38.37 m.
513.91 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point,15;
to point 16;
to point 17;
to point 18;
to the point of
beginning; containing an area of Seventy Four Thousand One Hundred Thirty Eight
(74,138) Square Meters more or less. All points referred to are indicated on plan and
are marked on the ground as follows: points 8-11 by old square monuments 15 x
15 cms. and rest by square mon. 15 x15 cms. marked BCDA. Bearings true; Date of
consolidation subdivision survey on January 19, 1993, executed by Engr. Dionisio M.
Ines and was approved on August 26, 1993.
Lot 13, Ccs-131102-000030
Bases Conversion & Devt. Authority,
U.S. AMBASSADOR ESTATE
A parcel of land (Lot 13, Ccs-131102-000030 being a portion of consolidated lots of II5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. J, City of Baguio, Island
of Luzon. Bounded on the NE., along line 1-2 by Lot 21; on the NE., E., and SE., along
lines 2-3-4-5-6- by Lot 12; on the S., along line 6-7 by Lot 14; on the SW., and W.,
along lines 7-8-9-10-11-12 by Lot 15, all of the consolidation subd.; on the NW., & W.
along lines 12-13-1 by Republic of the Philippines Camp John Hay, TCT No. T-3812;
Beginning at a point marked 1 on plan being S. 52 deg., 49 E., 1589.63 m. from
triangulation station Baguio, thence;
thence
thence
thence
thence
thence
thence
143
S.
S.
S.
S.
S.
N.
55
35
20
16
33
72
deg.
deg.
deg.
deg.
deg.
deg.
46
58
31
10
56
08
E.,
E.,
E.,
W.,
W.,
W.,
95.26 m.
143.79 m.
268.54 m.
393.50 m.
68.38 m.
212.32 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
thence
thence
thence
thence
thence
thence
thence
N.
N.
N.
N.
N.
N.
N.
37
18
10
09
23
46
02
deg.
deg.
deg.
deg.
deg.
deg.
deg.
23
57
03
41
01
57
59
W.,
E.,
E.,
W.,
W.,
E.,
E.,
235.98 m.
86.29 m.
277.82 m.
40.59 m.
17.88 m.
234.60 m.
31.75 m.
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to the point of
beginning; containing an area of Two Hundred Seventy Four Thousand Seven Hundred
Sixty (274,760) Square Meters more or less. All points referred to are indicated on plan
and are marked on the ground as follows: all points by square monuments 15 x 15 cms.
marked BCDA. Bearings true; Date of consolidation subdivision survey on January 19,
1993, executed by Engr. Dionisio M. Ines and was approved on August 26, 1993.
Lot 14, Ccs-131102-000030
Bases Conversion & Devt. Authority
VOICE OF AMERICA
A parcel of land (Lot 14, Ccs-131102-000030 being a portion of consolidated lots of II5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. 3, City of Baguio, Island
of Luzon. Bounded on the S., SW., and NW., along lines 6-7-1-2 by Lot 15; on the. N.,
along line 2-3 by Lot 13; along lines 3- 4-5 by Lot 12; all of the consolidation subd.
plan; on the E., along line 5-6 by Executive Proclamation No. 414 dated January 25,
1907 and August 30, 1916 Disposable under Commonwealth Act No. 139 for Mining
Purposes. Beginning at a point marked 1 on plan being S. 23 deg., 51 E., 2171.73
m. from triangulation station Baguio, thence;
thence
thence
thence
thence
thence
thence
thence
N.
S.
S.
S.
S.
S.
N.
51
72
72
90
21
81
51
deg.
deg.
deg.
deg.
deg.
deg.
deg.
36
08
14
00
58
33
48
E.,
E.,
E.,
E.,
W.,
W.,
W.,
377.96 m.
212.32 m.
321.77 m.
59.08 m.
515.63 m.
131.00 m.
688.84 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to the point of
144
S.
N.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
S.
S
S.
S.
S.
S.
51
81
32
32
81
51
47
82
52
52
13
09
17
66
25
58
46
23
09
10
18
37
51
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
deg.
48
33
10
10
10
32
08
22
51
54
21
13
30
04
55
17
57
00
41
03
57
23
36
E.,
E.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
W.,
W.,
E.,
W.,
688.84 m.
130.99 m.
91.44 m.
71.56 m.
407.23 m.
165.07 m.
139.13 m.
189.70 m.
32.83 m.
211.82 m.
264.79 m.
129.15 m.
66.39 m.
108.82 m.
188.89 m.
285.77 m.
378.16 m.
17.88 m.
40.59 m.
277.82 m.
86.29 m.
235.98 m.
377.96 m
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to point 19;
to point 20;
to point 21;
to point 22;
to point 23;
to the point of
beginning; containing an area of Five Hundred Seventy Four Thousand Four Hundred
Eighty (574,480) Square Meters more or less. All points referred to are indicated on
plan and are marked on the ground as follows: all points by square monuments 15 x
145
1.5 cms. marked BCDA. Bearings true; Date of consolidation subdivision survey on
January 19, 1.993, executed by Engr. Dionisio M. Ines and was approved on August
26, 1993.
Lot 20, Ccs-131102-000030
Bases Conversion & Devt. Authority
POWER HOUSE
A parcel of land (Lot 20, Ccs-131102-000030 being a portion of consolidated lots of
II-5958 (portion) and Lot 1, II-5958 Amd.) situated at Res. Sec. J, City of Baguio,
Island of Luzon. Bounded on the N., along line 1-2 by Lot 11; E., S., and W., along
lines 2-3-4-1 by Lot 1, both of the consolidation subdivision plan. Beginning at a point
marked 1 on plan being Nt. 81 deg., 03 E., 1044.94 m. from triangulation station
Baguio, thence;
thence
thence
thence
thence
S.
S.
N.
N.
80
02
78
00
deg.
deg.
deg.
deg.
27
40
10
19
E.,
E.,
W.,
W.,
48.08
30.00
49.72
27.75
m.
m.
m.
m.
to point 2;
to point 3;
to point 4;
to the point of
beginning; containing an area of One Thousand Three Hundred Seventy Eight (1,378)
Square Meters more or less. All points referred to are indicated on plan and are marked
on the ground as follows: all points by square monuments 15 x 15 cms. marked BCDA.
Bearings true; Date of consolidation subdivision survey on January 19, 1993, executed
by Engr. Dionisio M. Ines and was approved on August 26, 1993.
TCT NO. 62878
Lot No. 3
Psd-131102-002639
A parcel of land (Lot 3, Psd-131102-002639 being a portion of TCT No. T-3812,
LRC Rec. No. 87), situated at City Of Baguio, Province of Benguet, Island of Luzon.
Bounded on the N., E., and W., along lines 1-2-3-4-5-6 by Camp John Hay Property,
II-5958; on the E., & NE., along lines 6-7-8 by Lot 4; on the S, SW, and SE, along lines
8-9-10-11 by Lot 9; on the SW, S, and SE, along lines 11-12-13-14 by Lot 10; on the S,
W, and E., along lines 14-15-16-17-18-19-20 by Lot 1 on the NW, NE, and SW, along
lines 20-21-22-23-24-25-1 by Lot 2, all of the subd. plan. Beginning at a point marked
1 on plan being S, 37 deg., 39 E., 545.49 m. from triangulation Baguio, thence;
N.
N.
N.
S.
S.
S.
S.
71
13
69
56
89
06
57
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
29
39
31
23
34
41
17
E.,
E.,
E.,
E.,
E.,
E.,
E.,
31.21 m.
70.42 m.
195.62 m.
263.92 m.
196.50 m.
49.66 m.
67.24 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
146
S.
N.
S.
N.
S.
S.
N.
N.
N.
S.
S.
N.
N.
N.
S.
N.
N.
N.
67
79
53
17
73
62
84
03
80
03
79
10
35
27
76
66
27
47
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
24
01
07
52
47
42
24
20
00
16
21
48
44
22
02
56
25
27
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
W.,
W.,
30.88 m.
80.12 m.
74.21 m.
67.62 m.
215.18 m.
245.27 m.
53.50 m.
55.08 m.
82.18 m.
67.32 m.
134.66 m.
24.22 m.
21.95 m.
110.58 m.
61.25 m.
122.22 m.
54.56 m.
47.48 m.
to point 9;
to Point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to point 19;
to point 20;
to point 21;
to Point 22;
to point 23;
to point 24;
to point 25;
to point of
147
06
26
54
02
13
85
69
deg.,
deg.,
deg.
deg.,
deg.,
deg.,
deg.,
41
00
07
46
14
26
40
W.,
E.,
E.,
E.,
E.,
W.,
W.,
49.66 m.
175.01 m.
155.62 m.
46.10 m.
154.85 m.
83.36 m.
93.53 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
Laws on Bases Conversion
N.
N.
20
57
deg., 54
deg., 17
W.,
W.,
20.52 m.
67.24 m.
to point 9;
to point of
beginning, containing all area of FORTY FOUR THOUSAND SIX HUNDRED SIXTY
SEVEN (44,667) SQUARE METERS, more or less. All points referred to are indicated
on plan and are marked on the ground by square monuments on top marked BCDA;
Bearings true; Date of subdivision survey on January 19, 1993 and April 7, 1993,
executed by Engr. Dionisio M. Ines and was approved on August 16, 1993.
TCT No. 62880
Lot No. 5
Psd-131102-002639
A parcel of land (Lot 5, Psd-131102-002639 being a portion of TCT No. T-3812,
LRC Rec. No. 87), situated at City of Baguio, Province of Benguet, Island of Luzon.
Bounded on the W., along line 1-2 by Camp John Hay Property II-5958; on the N., E.,
and SE., along lines 2-3-4-5-6-7 by Lot 6; on the S., along line 7-1 by Lot 4, both of
the subdivision plan. Beginning at a point marked 1 on plan being S. 75 deg., 23 E.,
1091.02 m. from triangulation BAGUIO, thence;
N.
S.
S.
S.
S.
S.
N.
11
75
01
16
45
16
54
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
47
05
12
38
33
37
07
E.,
E.,
W.,
W.,
W.,
W.,
W.,
227.86 m.
180.11 m.
53.05 m.
41.67 m.
57.95 m.
140.18 m.
155.62 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point of
148
13
02
16
45
16
01
75
40
58
74
34
53
50
04
88
deg.,
deg.,
deg.,
deg.,
deg.
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
14
46
37
33
38
12
05
45
50
13
53
04
41
06
36
W.,
W.,
E.,
E.,
E.,
E
W.,
W.,
E.,
E.,
E.,
E.,
W.,
E.,
W.,
154.85 m.
46.10 m.
140.18 m.
57.95 m.
41.67 m
53.05 m.
180.11 m.
84.51 m.
82.83 m.
109.13 m.
53.96 m.
247.97 m.
272.13 m.
283.66 m.
42.32 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point of
149
25
56
04
04
50
53
34
74
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
29
36
00
06
41
04
53
13
W.,
E.,
E.,
W.,
E.,
W.,
W.,
W.,
106.20 m.
125.82 m.
153.53 m.
283.66 m.
272.13 m.
247.97 m.
53.96 m.
109.13 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
Laws on Bases Conversion
N.
S.
S.
S.
N.
N.
58
50
21
02
55
26
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
50
42
49
59
46
01
E.,
E.,
W.,
W.,
W.,
W.,
195.39 m.
344.59 m.
737.50 m.
213.61 m.
66.78 m.
44.87 m.
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point of
63
85
88
04
56
25
83
11
34
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
06
26
36
00
36
31
55
17
48
W.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
E.,
55.65 m.
83.36 m.
42.32 m.
153.53 m.
125.82 m.
42.02 m.
103.12 m.
60.48 m.
128.25 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point of
150
151
Bounded on the NW., N., and NE., along lines 13-14-1-2 by Lot 3; on the S., and E.,
along lines 2-3-4 by Lot 9; on the S., E., SE., and SW., along lines 4-5-6-7-8-9-10 by
Lot 14; on the W., and NW., along lines 10-11-12-13 by Lot 11, all of the subdivision
plan. Beginning at a point marked 1 on plan, being S. 59 deg., 54 E., 987.21 m. from
triangulation BAGUIO, thence;
S.
S.
S.
S.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
17
72
09
67
15
72
62
72
05
14
49
05
62
73
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
52
08
17
04
29
30
31
27
36
42
32
23
42
47
E.,
W.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
67.62 m.
61.02 m.
66.91 m.
132.18 m.
82.99 m.
120.61 m.
92.91 m.
137.02 m.
25.95 m.
51.81 m.
81.10 m.
17.38 m.
245.27 m.
215.18 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point of
beginning; containing an area of Eighty Seven Thousand Five Hundred Eighty Six
(87,586) Square Meters, more or less. All points referred to are indicated on plan and
marked on the ground by square monuments on top marked BCDA; Bearings true;
date of subdivision survey on January 19, 1993 and April 7, 1993, executed by Engr.
Dionisio M. Ines and was approved on August 16, 1993.
TCT No. 62886
Lot No. 11
Psd-131102-002639
A parcel of land (Lot 11, Psd-131102-002639 being a portion of TCT No. T-3812, LRC
Rec. No. 87), situated at the City of Baguio, Province of Benguet, Island of Luzon.
Bounded onthe SE., and E., along lines 1-2-3-4 by Lot 10; on the S., and E., along lines
4-5-6-7 by Lot 14; on the SE., along line 7-8 by Lot 12; on the SW., W., and NW., along
lines 8-9-10-11-12-13 by Lot 2; on the NE., N., and W., along lines 13-14-15-16-1718-1 by Lot 3, all of the subdivision plan.
Beginning at a point marked 1 on plan, being S. 32 deg., 45 E., 793.89 m. from
triangulation BAGUIO, thence;
S.
S.
S.
S.
05
49
14
88
deg.,
deg.,
deg.,
deg.,
23
32
42
04
W.,
W.,
W.,
W.,
17.38
81.10
51.81
62.07
m.
m.
m.
m.
to point 2;
to point 3;
to point 4;
to. point 5;
152
N.
S.
S.
N.
N.
N.
N.
N.
S.
N.
N.
S.
S.
S.
77
06
63
47
22
13
41
68
10
79
03
80
03
84
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
36
14
42
47
13
33
41
54
48
21
16
00
20
24
W.,
E.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
121.69 m.
36.73 m.
114.93 m.
91.57 m.
23.11 m.
29.59 m.
37.47 m.
138.73 m.
24.22 m.
134.66 m.
67.32 m.
82.18 m.
55.08 m.
53.50 m.
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to point of
beginning; containing an area of Fifty Two Thousand Thirty Five (52,035) Square
Meters, more or less. All points referred to are indicated on plan and marked on the
ground by square monuments on top BCDA; Bearings: true; Date of subdivision survey
on January 19, 1993 and April 7, 1993, executed by Engr. Dionisio M. Ines and was
approved on August 16, 1993.
TCT No. 62889
Lot No. 14
Psd-131102-002639
A parcel of land (Lot 14, Psd-131102-002639 being a portion of TCT No. T-3812, LRC
Rec. No. 87), situated at the City of Baguio, Province of Benguet, Island of Luzon.
Bounded on the E., along line 1-2 by Lot 9; on the SE., and E., along lines 2-3-4 by Lot
16; on the S., along line 4-5 by I-or 15; on the SW., along lines 5-6-7 by Lot 12; on the
W., and N., along lines 7-8-9-10 by Lot 11; on the E., N., NW., and W., along lines 1011-12-1.3-14-15-1 by Lot 10, all of the subdivision plan. Beginning at a point marked
1 on plan, being S. 52 deg., 06 E., 1048.73 m. from triangulation station BAGUIO,
thence;
S.
S.
S.
S.
N.
N.
N.
S.
N.
S.
S.
153
09
65
12
77
39
55
06
77
88
05
72
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
17
04
12
00
37
14
14
36
04
36
27
E.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
271.67 m.
136.95 m.
51.15 m.
265.04 m.
213.36 m.
201.96 m.
36.73 m.
121.69 m.
62.07 m.
25.95 m.
137.02 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
Laws on Bases Conversion
N.
N.
N.
N.
62
72
15
67
deg.,
deg.,
deg.,
deg.,
31
30
29
04
E.,
E.,
E.,
E.,
92.91 m.
120.61 m.
82.99 m.
132.18 m.
to point 13;
to point 14;
to point 15;
to point of
beginning; containing an area of One Hundred Thirty Five Thousand Seven Hundred
Nine (135,709) Square Meters more or less. All points referred to are indicated on plan
and marked on the ground by square monuments on top BCDA; Bearings true; Date of
subdivision survey on January 19, 1993 and April 7, 1993, executed by Engr. Dionisio
M. Ines and was approved on August 16, 1993.
TCT No. 62890
Lot No. 15
Psd-131102-002639
A parcel of land (Lot 15, Psd-131102-002639 being a portion of TCT No. T-3812, LRC
Rec. No. 87), situated at the City of Baguio, Province of Benguet, Island of Luzon.
Bounded on the N., along line 1-2 by Lot 14; on the NE., N., and W., along lines 2-34-5-6 by Lot 16; oil the NE., along line 6-7 by Lot 18, all of the subdivision plan; on
the SE., along lines 7-8-9-10 by Camp John Hay Property, II-5958; on the SW., along
lines 10-11-12 by Lot 1, II-5958 Amd., Camp John Hay Property; on the NW., along
line 12-13 by Lot 13; on the NW., and W., along lines 13-14-1 by Lot 12, both of the
subdivision plan. Beginning at a point marked 1 on Plan, being S. 23 deg., 53 E.,
1180.81 m. from triangulation BAGUIO, thence;
N.
S.
S.
N.
N.
S.
S.
S.
S.
N.
N.
N.
N.
N.
77
66
79
67
31
43
23
46
58
58
71
43
59
07
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
00
19
40
52
56
17
01
57
17
54
13
45
57
41
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
265.04 m.
155.92 m.
87.26 m.
27.90 m.
39.79 m.
106.80 m.
22.53 m.
378.15 m.
285.77 m.
308.20 m.
46.77 m.
206.53 m.
60.24 m.
128.75 m.
to point 2;
to point3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point of
beginning; containing an area of Two Hundred Forty One Thousand Seven Hundred
Eighty One (241,781) Square Meters, more or less. All points referred to are indicated
on plan and marked on the ground by square monuments on top marked BCDA;
154
Bearings true; Date of subdivision survey on January 19, 1993 and April 7, 1993,
executed by Engr. Dionisio M. Ines and was approved on August 16, 1993.
TCT No. 62891
Lot No. 16
Psd-131102-002639
A parcel of land (Lot 16, Psd-131102-002639 being a portion of TCT No. T-3812, LRC
Rec. No. 87), situated at the City of Baguio, Province of Benguet, Island of Luzon.
Bounded on the NE., along line 1-2 by Lot 18; on the E., SE., and S., along lines 2-34-5-6 by Lot 15; on the W., and NW., along lines 6-7-8 by Lot 14; on the N., E., NE.,
and NW., along lines 8-9-10-11-12-1 by Lot 9, all of the subdivision plan; Beginning
at a point marked 1 on plan, being S. 45 deg., 03 E., 1399.53 m. from triangulation
station BAGUIO, thence;
S.
S.
S.
N.
N.
N.
N.
S.
S.
S.
N.
S.
17
31
67
79
66
12
65
86
00
28
73
18
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
48
56
52
40
19
12
04
08
39
14
11
44
E.,
W.,
W.,
W.,
W.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
68.52 m.
39.79 m.
27.90 m.
87.26 m.
155.52 m.
51.15 m.
136.95 m.
37.17 m.
39.04 m.
15.32 m.
64.53 m.
42.19 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point of
beginning; containing an area of Thirty Two Thousand Three Hundred Forty (32,340)
Square Meters, more or less. All points referred to are indicated on plan and marked
on the ground by square monuments on top marked BCDA; Bearings true; Date of
subdivision survey on January 19, 1993 and April 7, 1993, executed by Engr. Dionisio
M. Ines and was approved on August 16, 1993.
Lot No. 17
Psd-131102-002639
TCT No. 62892
A parcel of land (Lot 17, Psd-131102-002639 being a portion of TCT No. T-3812, LRC
Rec. No. 87), situated at the City of Baguio, Province of Benguet, Island of Luzon.
Bounded on the SW., and W., along lines 7-1-2 by Lot 9; on the N., and NE., along
lines 2-3-4 by Lot 8; on the NE., along line 4-5 by Lot 7; on the SE., along lines 5-6-7
by Lot 18, all of the subdivision plan; Beginning at a point marked 1 on plan, being
S. 49 deg., 04 E., 1408.64 m. from triangulation BAGUIO, thence;
155
N.
N.
S.
S.
S.
S.
N.
13
83
25
25
61
47
60
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
22
55
31
29
16
16
59
W.,
E.,
E.,
E.,
W.,
W.,
W.,
167.70 m. to point 2;
103.12 m. to point 3;
42.02 m. to point 4;
106.20 m. to point 5;
100.81 m. to point 6;
12.50 m. to point 7;
34.30 m. to point of
64
47
61
26
55
02
46
23
43
17
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
deg.,
39
16
16
01
46
59
57
01
17
48
E.,
E.,
E.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
114.63 m.
12.50 m.
100.81 m.
4.4.87 m.
66.78 m.
31.75 m.
234.61 m.
22.53 m.
106.80 m.
68.52 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point of
beginning; containing an area of Thirty Eight Thousand Five Hundred Twenty One
(38,521) Square Meters, more or less. All points referred to are indicated on plan and
marked on the ground by square monuments on top marked BCDA; Bearings true;
Date of subdivision survey on January 19, 1993 and April 7, 1993, executed by Engr.
Dionisio M. Ines and was approved on August 16, 1993.
156
IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed hereto. Done in the City of Manila, this 11th
day of December, in the year of our Lord, Two Thousand and Six.
157
158
159
160
WHEREAS, Section 17 of RA 7227 provides that the BCDA shall be under the direct
control and supervision of the Office of the President for purposes of policy direction
and coordination;
WHEREAS, there is a need to accelerate the development, management and utilization
of the JHSEZ and the PPSEFZ as self-sustaining and environmentally sound industrial,
commercial, financial, tourism, transshipment and investment centers;
WHEREAS, in order to separately focus on the development, management and
maximum utilization of the potentials and resources of the JHSEZ and the PPSEFZ,
and to provide administrative efficiency and strategic effectiveness in these economic
zones, there is a need to establish separate subsidiaries to serve as the operating and
implementing arm of the BCDA in the JHSEZ and the PPSEFZ.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Creation of the Poro Point Management Corporation.A body corporate to
be known as the Poro Point Management Corporation (PPMC) is hereby authorized to
be formed as the operating and implementing arm of the BCDA to manage the PPSEFZ.
The PPMC shall be a subsidiary corporation of the BCDA and shall be formed in
accordance with the Philippine Corporation Law and existing rules and regulations
promulgated by the Securities and Exchange Commission [SEC] pursuant to Section
16 of RA 7227.
The PPMC shall be subject to the policies, rules and regulations of the BCDA.
The PPMC shall be exempt from the coverage of the Civil Service Laws, rules and
regulations.
Section 2. Capitalization, Powers and Functions of PPMC.The BCDA, as the
incorporator and holding company of the PPMC, shall determine the capitalization,
powers and functions of the PPMC, which shall be substantially similar to that of the
capitalization, powers and functions of the JPDC.
Section 3. Transfer of Powers, Functions, Rights, Assets, Liabilities, Personnel, etc.
All powers vested in, and the functions and duties heretofore conferred upon the JPDC
relating to the operation, management, utilization and development of the PPSEFZ
under existing laws, rules and regulations, and under its Articles of Incorporation and
By-Laws, including all of its rights, assets, liabilities and personnel, shall be transferred
to the PPMC upon its incorporation under the Philippine Corporation Law and rules
and regulations promulgated by the SEC. For this purpose, the BCDA is directed to
take all the necessary steps towards effecting the efficient transfer of powers, functions,
duties, rights, assets, liabilities and personnel from JPDC to PPMC.
161
Section 4. Renaming the John Hay Poro Point Development Corporation as the
John Hay Management Corporation.The body corporate created under EO 103, as
amended by EO 31 known as the John Hay Poro Point Development Corporation
(JPDC) is hereby renamed as the John Hay Management Corporation (JHMC) and shall
be the operating and implementing arm of the BCDA over the JHSEZ. The BCDA is
further directed to cause the amendment of the Articles of Incorporation and By-Laws
of JPDC to implement this Executive Order.
Section 5. Implementation. BCDA shall implement this Executive Order within
a period of ninety (90) days from date of issuance of this Executive Order, including:
a. The incorporation of the PPMC as provided in Section 1 hereof;
b. The transfer of powers, functions, duties, rights, assets, liabilities and personnel
from JPDC to PPMC as provided in Section 3 hereof; and
c. The amendment of the Articles of Incorporation and By-Laws of JPDC as
provided in Section 4 hereof.
BCDA shall submit a report to the President on all the actions taken to implement this
Executive Order within fifteen (15) days after the PPMC shall have been established in
accordance with the Philippine Corporation Law, rules and regulations and approval
of the amendment of the Articles of Incorporation and By-Laws of JPDC by the SEC.
Section 6. Board of Directors.The powers of JHMC and PPMC shall be vested in
and exercised by a Board of Directors, both of which shall be composed of not more
than eleven (11) members each; Provided, That, at least one (1) director shall be the
BCDA Chairman and a second director shall be the BCDA President or his designated
representative, in accordance with Section 16 of RA 7227.
No person shall be nominated as a member of the Board representing the capital
stock of the national government in JHMC and PPMC unless he is a Filipino citizen,
of good moral character, and of recognized competence in relevant fields, including
but not limited to economics, tourism, management, international relations, law or
engineering.
Section 7. Role of Departments, Bureaus, Offices, Agencies and Instrumentalities.
All heads of departments, bureaus, offices, agencies and instrumentalities of the
government are hereby directed to give full support to the Poro Point conversion
program and to coordinate with BCDA to facilitate the necessary approvals to expedite
the implementation of various projects of the conversion program.
Section 8. Repealing Clause.Section 1 of Executive Order No. 31, s. 1998, insofar
as it pertains to the composition of the Board of Directors of JPDC, is hereby amended
by Section 6 hereof. All other executive issuances, rules and regulations or parts thereof
Laws on Bases Conversion
162
which are inconsistent with this Executive Order are hereby revoked, amended, or
modified accordingly.
Section 9. Effectivity.This Executive Order shall take effect immediately.
DONE in the City of Manila, this 3rd day of October, in the year of our Lord, Two
Thousand and Two.
163
164
by Lot 1394, along line 209-210 by Lot 1396, along line 210-211 by Lot 1397, along
line 211-212 by Lot 1398, along line 212-213 by Lot 1399, along line 213-215 by Lot
1400, all of the CAD 262 Morong Cad., along line 215-225 by Morong River, along
line 225-227 by Lot 1423, along line 227-228 by Lot 1421, along line 228-229 by Lot
1420, along line 229-231 by Lot 1251, along line 231-232 by Lot 1590; on the SW.,
along line 232-233 by Lot 1418, along line 233-235 by Road Lot; along line 235-1
by Lot 2152, all of the CAD 262, Morong CAD.
Beginning at a point marked "1" on the plan being N. 19 deg. 01' E., 2718.94 m. from
BLLM 1 Morong CAD;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
165
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
S.
S.
S.
S.
N.
N.
N.
S.
S.
S.
S.
S.
S.
S.
S.
N.
N.
6
6
6
6
72
39
85
8
14
23
48
40
15
12
55
44
56
71
69
47
82
77
3
19
39
33
32
64
0
66
48
20
86
41
deg. 27
deg. 12
deg. 12
deg. 12
deg 21
deg 59
deg 3
deg. 17
deg. 57
deg. 33
deg. 43
deg. 10
deg. 25
deg. 2
deg. 33
deg. 21
deg. 57
deg. 45
deg. 32
deg. 42
deg. 8
deg. 43
deg. 53
deg. 22
deg. 51
deg. 21
deg. 59
deg. 52
deg. 10
deg. 55
deg. 42
deg. 59
deg. 27
deg. 10
W.,
W.,
W.,
W.
E.
E.,
E.,
W.,
E.,
W.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
164.66 m.
242.40 m.
104.79 m.
51.44 m.
327.94 m.
342.31 m.
261.50 m.
449.50 m.
28.76 m.
37.23 m.
16.67 m.
36.59 m.
34.08 m.
16.50 m.
36.88 m.
34.49 m.
23.97 m.
13.35 m.
41.85 m.
33.16 m.
14.69 m.
12.08 m.
14.01 m.
30.67 m.
15.50 m.
22.47 m.
24.02 m.
22.84 m.
17.98 m.
49.15 m.
20.05 m.
36.00 m.
6.47 m.
28.68 m.
to point 2;
to point 3;
to point 4;
to point 5;
to point 6;
to point 7;
to point 8;
to point 9;
to point 10;
to point 11;
to point 12;
to point 13;
to point 14;
to point 15;
to point 16;
to point 17;
to point 18;
to point 19;
to point 20;
to point 21;
to point 22;
to point 23;
to point 24;
to point 25;
to point 26;
to point 27;
to point 28;
to point 29;
to point 30;
to point 31;
to point 32;
to point 33;
to point 34;
to point 35;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
N.
N.
N.
N.
S.
N.
N.
N.
N.
S.
N.
N.
N.
S.
N.
S.
S.
S.
S.
S.
S.
S.
N.
N.
N.
N.
S.
N.
N.
N.
S.
S.
N.
S.
N.
S.
S.
S.
N.
N.
N.
N.
S.
S.
S.
7
8
53
44
84
50
33
82
67
50
62
53
45
40
69
74
39
26
73
57
25
56
75
37
11
68
6
60
20
18
72
55
53
74
37
21
25
50
78
29
35
87
17
73
68
deg. 10
deg. 51
deg. 38
deg. 0
deg. 55
deg. 57
deg. 32
deg. 46
deg. 51
deg. 0
deg. 1
deg. 30
deg. 36
deg. 45
deg. 32
deg. 10
deg. 44
deg. 37
deg. 7
deg. 47
deg. 27
deg. 35
deg. 53
deg. 47
deg. 39
deg. 25
deg. 25
deg. 3
deg. 34
deg. 55
deg. 59
deg. 24
deg. 30
deg. 7
deg. 28
deg. 28
deg. 17
deg. 19
deg. 58
deg. 42
deg. 47
deg. 35
deg. 27
deg. 16
deg. 0
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
48.67
36.39
66.29
29.12
43.34
14.87
26.63
21.21
63.42
18.36
15.26
1.53
61.85
40.20
49.15
48.28
48.70
20.07
33.19
45.03
47.46
19.52
9.19
27.93
9.66
26.18
46.38
39.39
31.88
64.43
38.03
18.79
48.93
44.11
63.14
39.37
12.06
9.96
57.67
20.64
11.03
11.39
17.64
6.08
94.60
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
m.
to point 36;
to point 37;
to point 38;
to point 39;
to point 40;
to point 41;
to point 42;
to point 43;
to point 44;
to point 44;
to point 46;
to point 47;
to point 48;
to point 49;
to point 50;
to point 51;
to point 52;
to point 53;
to point 54;
to point 55;
to point 56;
to point 57;
to point 58;
to point 59;
to point 60;
to point 61;
to point 62;
to point 63;
to point 64;
to point 65;
to point 66;
to point 67;
to point 68;
to point 69;
to point 70;
to point 71;
to point 72;
to point 73;
to point 74;
to point 75;
to point 76;
to point 77;
to point 78;
to point 79;
to point 80;
166
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
167
N.
S.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
S.
S.
S.
S.
S.
S.
S.
S.
N.
S.
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
S.
S.
N.
S.
N.
N.
S.
N.
S.
59
85
32
19
17
82
45
8
82
74
75
17
88
62
28
25
27
43
26
54
73
18
22
41
78
59
20
3
32
26
37
60
32
82
16
67
28
49
76
44
25
44
38
71
4
deg. 40
deg. 52
deg. 2
deg. 15
deg. 17
deg. 45
deg. 27
deg. 3
deg. 37
deg. 9
deg. 7
deg. 32
deg. 28
deg. 40
deg. 15
deg. 17
deg. 49
deg. 50
deg. 2
deg. 7
deg. 4
deg. 3
deg. 23
deg. 12
deg. 34
deg. 30
deg. 42
deg. 42
deg. 19
deg. 40
deg. 25
deg. 47
deg. 16
deg. 19
deg. 27
deg. 58
deg. 42
deg. 27
deg. 49
deg. 45
deg. 43
deg. 0
deg. 48
deg. 44
deg. 41
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
W.,
W.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
30.99 m.
3.47 m.
36.00 m.
33.26 m.
22.39 m.
28.02 m.
20.77 m.
10.79 m.
11.36 m.
6.19 m.
13.59 m.
25.20 m.
23.95 m.
5.31 m.
5.49 m.
5.76 m.
21.02 m.
24.61 m.
15.22 m.
25.70 m.
41.93 m.
21.47 m.
28.16 m.
30.12 m.
21.24 m.
28.13 m.
41.74 m.
27.07 m.
19.48 m.
16.45 m.
12.87 m.
22.98 m.
20.60 m.
35.60 m.
39.99 m.
35.60 m.
25.63 m.
20.20 m.
12.31 m.
37.66 m.
41.53 m.
34.21 m.
41.17 m.
105.72 m.
23.52 m.
to point 81;
to point 82;
to point 83;
to point 84;
to point 85;
to point 86;
to point 87;
to point 88;
to point 89;
to point 90;
to point 91;
to point 92;
to point 93;
to point 94;
to point 95;
to point 96;
to point 97;
to point 98;
to point 99;
to point 100;
to point 101;
to point 102;
to point 103;
to point 104;
to point 105;
to point 106;
to point 107;
to point 108;
to point 109;
to point 110;
to point 111;
to point 112;
to point 113;
to point 114;
to point 115;
to point 116;
to point 117;
to point 118;
to point 119;
to point 120;
to point 121;
to point 122;
to point 123;
to point 124;
to point 125;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
S.
S.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
N.
S.
S.
N.
N.
N.
N.
N.
S.
S.
S.
N.
N.
N.
N.
S.
10
66
52
33
37
52
12
78
14
87
20
41
0
42
80
80
15
75
68
50
33
6
60
63
67
7
23
21
43
56
53
80
67
48
33
37
43
85
21
80
7
4
89
81
80
deg. 24
deg. 12
deg. 32
deg. 31
deg. 34
deg. 44
deg. 42
deg. 40
deg. 53
deg. 7
deg. 4
deg. 40
deg. 56
deg. 48
deg. 44
deg. 13
deg. 14
deg. 5
deg. 38
deg. 43
deg. 7
deg. 22
deg. 47
deg. 45
deg. 33
deg. 12
deg. 54
deg. 26
deg. 5
deg. 10
deg. 31
deg. 10
deg. 56
deg. 9
deg. 36
deg. 9
deg. 34
deg. 29
deg. 13
deg. 16
deg. 15
deg. 45
deg. 18
deg. 50
deg. 20
E.,
E.,
E.,
E.,
E.,
W.,
W.,
E.,
E.,
E.,
E.,
E.,
W.,
E.,
E.,
E.,
E.,
W.,
W.,
W.,
E.,
W.,
W.,
W.,
E.,
W.,
W.,
E.,
W.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
E.,
13.25 m.
50.95 m.
29.66 m.
19.18 m.
10.50 m.
30.81 m.
121.48 m.
87.58 m.
32.38 m.
38.47 m.
23.11 m.
27.32 m.
45.66 m.
115.42 m.
37.94 m.
39.90 m.
63.43 m.
30.07 m.
35.99 m.
30.49 m.
57.76 m.
31.19 m.
49.59 m.
40.73 m.
44.13 m.
22.20 m.
44.07 m.
10.59 m.
21.73 m.
15.66 m.
30.41 m.
36.70 m.
25.35 m.
22.94 m.
18.06 m.
45.90 m.
24.54 m.
16.26 m.
29.65 m.
21.93 m.
38.87 m.
20.56 m.
79.80 m.
287.58 m.
218.25 m.
to point 126;
to point 127;
to point 128;
to point 129;
to point 130;
to point 131;
to point 132;
to point 133;
to point 134;
to point 135;
to point 136;
to point 137;
to point 138;
to point 139;
to point 140;
to point 141;
to point 142;
to point 143;
to point 144;
to point 145;
to point 146;
to point 147;
to point 148;
to point 149;
to point 150;
to point 151;
to point 152;
to point 153;
to point 154;
to point 155;
to point 156;
to point 157;
to point 158;
to point 159;
to point 160;
to point 161;
to point 162;
to point 163;
to point 164;
to point 165;
to point 166;
to point 167;
to point 168;
to point 169;
to point 170;
168
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
169
S.
S.
S.
N.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
N.
N.
N.
S.
S.
S.
N.
N.
N.
S.
S.
S.
S.
N.
S.
N.
S.
S.
S.
S.
S.
S.
S.
S.
S.
47
3
24
73
35
18
24
27
32
19
8
17
6
9
25
10
16
36
58
66
75
86
89
59
71
89
79
72
70
64
70
77
70
3
82
88
75
86
48
63
6
80
60
27
51
deg. 35
deg. 12
deg. 3
deg. 36
deg. 27
deg. 9
deg. 33
deg. 2
deg. 56
deg. 28
deg. 17
deg. 19
deg. 56
deg. 28
deg. 19
deg. 0
deg. 0
deg. 12
deg. 31
deg. 46
deg. 34
deg. 40
deg. 12
deg. 57
deg. 55
deg. 47
deg. 41
deg. 26
deg. 47
deg. 58
deg. 40
deg. 57
deg. 45
deg. 30
deg. 17
deg. 7
deg. 0
deg. 3
deg. 8
deg. 55
deg. 54
deg. 43
deg. 1
deg. 11
deg. 49
E.,
W.,
E.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
185.07 m.
172.07 m.
194.30 m.
142.33 m.
20.23 m.
75.49 m.
63.33 m.
50.36 m.
25.79 m.
55.73 m.
30.26 m.
30.57 m.
91.63 m.
19.09 m.
40.12 m.
16.40 m.
22.14 m.
11.75 m.
7.66 m.
98.14 m.
147.48 m.
51.23 m.
23.56 m.
33.19 m.
226.75 m.
31.13 m.
31.15 m.
53.76 m.
135.00 m.
175.84 m.
95.87 m.
74.97 m.
107.95 m.
47.08 m.
92.58 m.
197.42 m.
91.91 m.
52.43 m.
21.24 m.
22.45 m.
27.04 m.
54.03 m.
23.81 m.
39.83 m.
412.99 m.
to point 171;
to point 172;
to point 173;
to point 174;
to point 175;
to point 176;
to point 177;
to point 178;
to point 179;
to point 180;
to point 181;
to point 182;
to point 183;
to point 184;
to point 185;
to point 186;
to point 187;
to point 188;
to point 189;
to point 190;
to point 191;
to point 192;
to point 193;
to point 194;
to point 195;
to point 196;
to point 197;
to point 198;
to point 199;
to point 200;
to point 201;
to point 202;
to point 203;
to point 204;
to point 205;
to point 206;
to point 207;
to point 208;
to point 209;
to point 210;
to point 211;
to point 212;
to point 213;
to point 214;
to point 215;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
S.
N.
S.
S.
S.
S.
S.
S.
N.
N.
N.
64
52
1
33
38
8
23
22
41
76
47
34
63
72
74
79
70
78
39
28
30
deg. 16
deg. 10
deg. 36
deg. 0
deg. 43
deg. 9
deg. 45
deg. 13
deg. 30
deg. 15
deg. 32
deg. 14
deg. 19
deg. 49
deg. 42
deg. 36
deg. 11
deg. 7
deg. 3
deg. 24
deg. 32
E.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
W.,
E.,
W.,
40.42 m.
143.99 m.
210.27 m.
156.50 m.
97.62 m.
59.69 m.
100.98 m.
79.78 m.
95.21 m.
125.54 m.
136.50 m.
157.29 m.
334.82 m.
108.32 m.
45.81 m.
116.57 m.
118.61 m.
337.33 m.
187.51 m.
65.88 m.
45.96 m.
to point 216;
to point 217;
to point 218;
to point 219;
to point 220;
to point 221;
to point 222;
to point 223;
to point 224;
to point 225;
to point 226;
to point 227;
to point 228;
to point 229;
to point 230;
to point 231;
to point 232;
to point 233;
to point 234;
to point 235;
to point of;
170
Section 5. Parameters for Conversion. The MSEZ shall have the following parameters
to guide its conversion/development:
1.1 Economic. The MSEZ shall be self-sustaining and self-liquidating as far as
practicable, and consistent with the Bataan, the Subic Bay and the Central
Luzon Development Programs, in line with the Vision of Philippines 2000.
1.2 Social. The MSEZ shall promote and prioritize the utilization of indigenous
resources, the growth of satellite industries in the locality, the forward and
backward linkages of industries in and out of the PRPCC, and the upgrading of
workers' skills to benefit local people whenever viable/practicable.
1.3 Environmental. The MSEZ shall ensure sustainable development of the area
through establishment of environmental-friendly industries and an eco-tourism
component, as well as the institutionalization of appropriate measures to
conserve the environment.
1.4 Technological. The MSEZ shall serve as the springboard of the country
to the 21st country by focusing and promoting knowledge-based and high
technology industries. It shall also promote economic growth through the
commercialization of high quality research and development and high-value
added products and services.
1.5 Infrastructure Support. The MSEZ shall have the required infrastructure linkages
with growth centers and growth areas in the locality to allow integration of
development efforts in the region.
Section 6. Investment Climate in Morong Special Economic Zone. MSEZ, among
others, shall have all the applicable incentives granted in the Subic Special Economic
Zone under RA 7227, except freeport status, and those applicable incentives granted
under the Omnibus Investment Code of 1987 as amended and the Foreign Investment
Act of 1991, as amended. For this purpose, BCDA shall issue the pertinent implementing
guidelines, and upon the concurrence of the local government unit of Morong, the
same investment incentives applied to the main zone shall also be applied to the subzone subject to existing laws.
Section 7. Implementing Rules and Regulations. Pursuant to Section 5 (m) of RA
7227 (Defining the Powers of the BCDA), the BCDA shall prepare the Implementing
Rules and Regulations for the Morong SEZ within 60 days after the issuance of this
Proclamation.
Section 8. Role of Departments, Bureaus, Offices Agencies and Instrumentalities.
To facilitate the necessary approvals and to expedite government bureaus, offices,
agencies and instrumentalities are hereby directed to give full support to BCDA and/
or its implementing subsidiary or joint venture corporation.
Section 9. Local Autonomy. The Municipality of Morong and the Province of Bataan
shall retain its basic autonomy and identity except on matters affecting business and
171
investment policies, tax incentives and exemptions, planning, zoning and land use in
the Main Zone, where the decision of BCDA shall prevail.
Section 10. Repealing Clause. All orders, rules and regulations or parts thereof,
which are inconsistent with the provisions of this Proclamation, are hereby repealed,
amended or modified accordingly.
Section 11. Separability Clause. If any provision of this proclamation shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain
valid and in full force and effect.
Section 12. Effectivity. This Proclamation shall take effect immediately.
Done in the City of Manila, this 26th day of March, in the year of Our Lord, nineteen
hundred and ninety-seven.
172
the Jurisdiction
173
the Jurisdiction
WHEREAS, the Bases Conversion and Development Authority (BCDA) was created
under Republic Act (RA) No. 7227, and Section 16 thereof allows it to form, establish,
organize and maintain a subsidiary corporation or corporations;
WHEREAS, Executive Order (EO) No. 62, dated February 27, 1993, prescribing
policies and guidelines to implement RA 7227, in Section 3 thereof, authorizes BCDA
to adopt and implement an effective oversight mechanism over subsidiaries, attached
authorities and special economic zones declared under the Act;
WHEREAS, Section 3 of EO 381, dated October 26, 2004, placing the Bataan
Technology Park (BTP) under the jurisdiction of the Subic Bay Metropolitan Authority
(SBMA), transferred the regulatory powers, functions and authority of BCDA over BTP
to SBMA;
WHEREAS, Section 20, Chapter 7, Title I, Book III of the Administrative Code of 1987
grants the President residual powers to reorganize the Executive Branch of government.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Republic of the Philippines, by virtue of the powers vested in me by law, do hereby
place the Bataan Technology Park, Incorporated back under the jurisdiction of the
Bases Conversion and Development Authority (BCDA). All orders, issuances, rules
and regulations or parts thereof inconsistent with this Executive Order are hereby
repealed and modified accordingly.
This Executive Order shall take effect immediately upon publication in a newspaper
of general circulation.
Done in the City of Manila, this 6th day of December in the year of Our Lord, Two
Thousand and Five.
174
175
a. Chairman, to be appointed by the President, with Cabinet rank, and who shall
be a member of the National Economic Development Authority (NEDA);
176
177
178
WHEREAS, there is a need to strengthen and enhance the powers and capabilities of
the SCAD Council as the single body with a full-time head to rationalize resources and
harmonize strategies that will ensure an integrated and coordinated approach to the
development of the SCAD corridor as a world-class mega-logistics hub and a global
gateway to the Asia Pacific Region;
WHEREAS, there is a need to clearly define and state the powers and functions of the
SCAD Council and the Office of the Chairman in order to effectively deal directly with
the concerned agencies under its supervision, namely: Bases Conversion Development
Authority (BCDA), Subic Bay Metropolitan Authority (SBMA), Clark Development
Corporation (CDC) and Clark International Airport Corporation (CIAC);
NOW, THEREFORE, I, GLORIA MACAPAGALARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law and the Constitution,
do hereby order:
SECTION 1. Powers and Functions of the SCAD Council.The SCAD Council shall
perform the following functions:
a. Formulate policies and programs to develop Subic, Clark, and the corridor in
between them as globally competitive Mega Logistics Hub;
b. Review, identify and recommend priority infrastructure projects for
implementation;
c. Formulate common investment promotions activities;
d. Harmonize in the SBFZ and CFZ such programs, policies, rules and regulations
affecting investments, incentives, customs, immigration, leasing, privatization,
and other matters necessarily related thereto;
e. Perform such other functions as may be authorized.
SECTION 2. Composition.The SCAD Council shall be composed of the following:
a. Chairman, to be appointed by the President, with Cabinet rank, and who shall
be a member of the National Economic and Development Authority (NEDA);
b. Secretary of Trade and Industry - Vice Chairman;
c. Chairman, BCDA Member;
d. Chairman, SBMA - Member;
e. Chairman, CDC - Member;
179
180
181
182
183
184
185
Section 2. Role of DOTC.The DOTC, as the main transport planning and regulatory
agency of the government, shall take primary responsibility to prepare plans, secure
legislation and implement measures to carry out the restructuring of the rail sector and
to encourage and maximize private sector initiatives and participation.
In support of this role, the DOTC shall have overall supervision over PNR, LRTA and the
planning, coordination, and implementation of all rail-based transportation systems,
programs and projects.
The DOTC shall report to the President any development which could hamper the
governments program for the upgrading, modernization and development of rail
transportation services.
Since it is essential to railway development to clear rail rights-of-way of obstructions
and encroachments, the DOTC is also given authority and overall supervision over
the relocation of informal dwellers by PNR and LRTA from their rail rights-of-way,
in close coordination with the Presidential Commission on Mass Housing and local
government units.
All activities towards these ends shall be under the responsibility and supervision of
the Secretary of DOTC through the Undersecretary for Railways. For this purpose, the
Undersecretary for Railways shall be provided with the necessary administrative and
technical support.
Section 3. Technical Support and Coordinating Mechanism.All government
departments, agencies, GOCCs and local government units which are involved in
rail-related projects are directed to coordinate their rail-related activities with the
DOTC and to provide all the support and cooperation which it might require in the
performance of its responsibilities.
Section 4. Repealing Clause.All issuances, orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this Executive Order are hereby
repealed or modified accordingly.
Section 5. Effectivity.This Executive Order takes effect immediately.
DONE, in the City of Manila, this 11th day of November, in the Year of Our Lord,
Nineteen Hundred and Ninety-Nine.
By the President:
186
187
188
189
190
from international financing institutions as well as from bilateral and other similar
foreign sources.
Section 2. Statement of Policy. It is the policy of the government that procurement
shall be competitive and transparent and therefore shall be through public bidding,
except as otherwise provided in this Executive Order.
Section 3. General Guidelines. Government procurement shall be guided by the
following reform principles:
(a) Simplification of pre-qualification through the use of an eligibility check, and
strengthening of post-qualification;
(b) Use of the Lowest Calculated and Responsive Bid as the criterion of award in
the case of procurement of goods, supplies, materials and related services; and
civil works;
(c) Use of the approved budget for the contract as the ceiling for the bid price and
the award; and
(d) Use of transparent, objective and non-discretionary criteria which are included
in the bid documents, in undertaking the eligibility check, evaluating bids and
determining the winning bidder through post-qualification.
Section 4. Procurement Management Plan. Each agency shall judiciously prepare,
maintain and update its Agency Procurement Management Plan (APMP) for all its
procurement. The APMP shall include a Project Procurement Management Plan
(PPMP) for each project.
Section 5. Procurement of Common-use Supplies, Materials and Equipment. Agencies
shall procure common-use supplies, materials and equipment from the Procurement
Service (PS) attached to the Department of Budget and Management (DBM), in
accordance with Letter of Instructions No. 755, Executive Order Nos. 289 series of
1987, 359 series of 1989, and 322 series of 2000, using the Electronic Procurement
System (EPS) referred to in Section 37 of this Executive Order. Agencies without
internet access may avail of the EPS Public Access Terminals which shall be installed at
DBM designated locations in the provinces and in Metro Manila: Provided, however,
That agencies shall comply with Section 38 of this Executive Order. Small volume
purchases by agencies, as defined in the implementing rules and regulations (IRR) of
this Executive Order, through the electronic catalogue of non common-use goods,
supplies and materials are allowed without need of public bidding.
191
and
Awards Committee
Section 7. The BAC and its Composition. Each agency shall establish a single Bids and
Awards Committee (BAC) for its procurement. The BAC shall be chaired by at least a
third ranking officer of the procuring entity, and its composition shall be specified in
the IRR. Alternatively, as may be deemed fit by the agency head, there may be separate
BACs where the number and complexity of the items to be procured shall so warrant.
Similar BACs for decentralized and lower level offices may be formed when deemed
necessary by the head of the agency.
Section 8. Functions of the BAC. The BAC shall, among others, determine the
eligibility of prospective bidders, receive and open bids, conduct the evaluation of
bids, undertake postqualification proceedings, and recommend the award of contract.
The scope of the BAC activities is from the pre-procurement conference up to the
recommendation of award. All members of the BAC shall be on "jury duty" type of
assignment until the notice of award is issued by the agency head.
Section 9. Observers. To enhance the transparency of the procurement process, the
BAC shall invite, in addition to the representative of the Commission on Audit, at least
two (2) observers from the relevant sectors to sit in and monitor the proceedings.
Section 10. Checks and Balances. The BAC chairperson and the official who shall
approve the ensuing contract for the agency shall not be the same person.
Section 11. BAC Secretariat. The agency shall have a Secretariat or a designated
organic office as the main support unit of the BAC(s). It shall be separately designated
by the head of agency or the appropriate designating authority, and shall be under the
supervision of the BAC(s). Similarly, a Secretariat may also be formed in decentralized
and lower level offices to support the local BAC(s) that may be established.
Section 12. Technical Working Group. For each specific procurement, the BAC may
create a Technical Working Group from a pool of technical financial and/or legal
experts to assist in the evaluation of bids.
192
Standardized Procedures
for
Public Bidding
193
oath by the prospective bidder or by his duly authorized representative certifying to the
correctness of the statements and authenticity of the said documents.
Section 18. Submission and Receipt of Bids. A bid shall have two components,
namely the technical and financial components which should be in separate sealed
envelopes, which shall be submitted simultaneously. The bids shall be received by the
BAC on such date, time and place specified in the invitation to bid. The deadline for
the receipt of bids shall be fixed by the BAC, giving it sufficient time to complete the
bidding process and giving the prospective bidders sufficient time to study and prepare
their bids. The deadline shall also consider the urgency of the procurement involved.
Section 19. Bid Security. Except for the procurement of consulting services, each bid
shall be accompanied by a bid security which shall serve as a guarantee that, after
receipt of the notice of award, the winning bidder shall enter into contract with the
agency within the stipulated time and shall furnish the required performance security.
The amount and allowable forms of the bid security, as well as the manner by which
it may be returned to the bidders, shall be provided for in the IRR, notwithstanding
Sections 32 and 44 herein.
Section 20. Modification and Withdrawals of Bids. A bidder may modify his bid,
provided that this is done at least five (5) calendar days before the deadline for the
receipt of bids. The modification shall be submitted before the deadline for receipt
of bids in a sealed envelope duty identified as a modification of the original bid and
stamped received by the BAC. A bidder may also withdraw his bid or express his
intention not to participate in the bidding before the deadline for the receipt of bids.
Section 21. Single Calculated/Rated and Responsive Bid Submission. A single
calculated/rated and responsive bid shall be considered under any of the following
exceptional circumstances, notwithstanding the provisions of Section 17:
(a) If after advertisement, only one prospective bidder applies for eligibility check
and he meets the eligibility check requirements, after which his bid is found to
be responsive;
(b) If after advertisement, more than one prospective bidder applies for eligibility
check but only one meets the eligibility check requirements, after which his
bid is found to be responsive; or
(c) If after the eligibility check of more than one bidder, only one bid is submitted
and found to be responsive.
Section 22. Bid Opening and Examination. For the procurement of: (a) goods,
supplies, materials and relevant services; and (b) civil works, the BAC shall examine
first the technical components of the bids using "pass/fail" criteria to determine whether
all required documents are present. Only bids that are determined to contain all the
Laws on Bases Conversion
194
bid requirements of the technical component shall be considered for opening and
evaluation of its financial component.
Section 23. Bid Evaluation. The BAC shall evaluate the financial component of the
bids and correct it for minor deviations, such as computational errors, omissions and
discounts, in accordance with the bidding documents to enable proper comparison
of all eligible bids. Any adjustment to correct minor deviations shall be calculated
in monetary terms to determine the calculated prices. The bids shall be ranked from
lowest to highest in terms of their corresponding calculated prices. For the procurement
of: (a) goods, supplies, materials and related services; and (b) civil works, the bid with
the lowest calculated price shall be referred to as the "LOWEST CALCULATED BID."
Section 24. Bid Evaluation of Short Listed Bidders for Consulting Services. For the
procurement of consulting services, the BAC shall evaluate bids of the short listed
bidders and rank them using numerical ratings in accordance with the evaluation
criteria stated in the bid documents. The bids shall be ranked from highest to lowest
in terms of their corresponding calculated ratings. The bid with the highest calculated
rating shall be referred to as the "HIGHEST RATED BID."
Section 25. Ceiling for Bid Price. The approved budget for the contract shall be the
upper limit or ceiling for the bid price. Bid prices which exceed this ceiling shall
be disqualified outright from further participating in the bidding. There shall be no
lower limit to the amount of the award. For this purpose, the approved budget for the
contract shall be that approved by the head of the agency.
Section 26. Major Deviation. The BAC shall automatically disqualify a bid that
contains a major deviation. A major deviation is a deviation in a bid that if allowed
would not fulfill the purpose for which the bid was requested, or would prevent a fair
comparison with bids that comply with the bidding documents as defined in the IRR.
Section 27. Postqualification. The BAC shall undertake postqualification which
involves the verification and validation of all documents submitted by the bidder
with the Lowest Calculated Bid or the Highest Rated Bid, as the case may be and all
information or statements contained therein to determine whether he satisfies all the
requirements and conditions as specified in the bidding documents, in which case his
bid shall be considered the "LOWEST CALCULATED AND RESPONSIVE BID" in the
case of goods, supplies, materials, related services and civil works or the "HIGHEST
RATED AND RESPONSIVE BID" in the case of consulting services.
Section 28. Procurement Outsourcing. In order to hasten project implementation,
agencies which may not have the proficiency or capability to undertake a particular
procurement, as determined by their heads, may request other agencies to undertake
such procurement for them, or at their option, recruit and hire consultants or
procurement agents to assist them directly and/or train their staff in the management
of procurement function.
195
Section 29. Reservation Clause. The government reserves the right to reject any and
all bids, or declare a failure of bidding, or not award the contract for any justifiable
reason including among others, if there is a evidence of collusion between relevant
public officers or employees of the agency or the BAC and any of the bidders or among
the bidders, or between the bidders and third parties, including any act which restricts,
suppresses or nullifies competition, of if the BAC is found to have failed to follow the
prescribed bidding procedures.
Award
of
Contract
Section 30. Award of Contract and Notice to Proceed. The head of the agency or his
duly authorized agency representative shall award and issue the corresponding notice
to proceed, when applicable, to the bidder with the Lowest Calculated and Responsive
Bid or the Highest Rated and Responsive Bid, as the case may be, in accordance with
deadlines specified in the IRR.
Section 31. Performance Security. Except for the procurement of consulting services,
prior to contract signing, the winning bidder shall post a performance security in the
form and amount specified in the bidding documents in accordance with the IRR, to
guarantee the faithful performance of and compliance with his obligations under the
contract in accordance with the bidding documents.
Section 32. Failure to Enter into Contract and Post Performance Security. If the bidder
with the Lowest Calculated and Responsive Bid or the Highest Rated and Responsive
Bid, as the case may be, fails, refuses or is unable to make good his bid by entering into
contract with the agency or, in the case of goods, supplies, materials, related services
and civil works, post the required performance security within the period stipulated
in the bidding documents, the bid security shall be forfeited where so applicable, and
the appropriate administrative sanctions shall be imposed except where such failure,
refusal or inability is through no fault of his. Thereupon, the BAC shall disqualify the
said bidder and shall postqualify the next ranked Lowest Calculated Bid or Highest
Rated Bid, as the case may be. This procedure shall be repeated until an award is
made. However, if no award is made, the contract shall be re-bid.
Section 33. Price Adjustment. Price adjustments may be allowed under extraordinary
circumstances, as defined in the IRR, and upon prior approval of the PPB.
Section 34. Period for Action on Procurement Activities. The procurement process
from the opening of bids up to the award of contract shall not exceed three (3)
months, or a shorter period to be determined by the agency concerned. The different
procurement activities shall be completed within reasonable periods to be specified
in the IRR. In addition, the agency head shall take action on the recommendation of
196
award of the BAC, and shall act on the notice of award, as well as the approval of
contract within fifteen (15) calendar days from receipt thereof. In the case of GOCCs
and GFIs, the concerned board shall take action on the said recommendation within
thirty (30) calendar days from receipt thereof.
Alternative Methods
of
Procurement
Procurement
of Information and
197
198
Section 40. Security, Integrity and Confidentiality. The EPS shall ensure the security,
integrity and confidentiality of documents submitted through the system. It shall
include a feature that provides for an audit trial for on-line transactions and allows
the Commission on Audit to verify the security and integrity of the system at any time.
Section 41. Observers. The EPS shall allow observers authorized by the BAC to
monitor the procurement proceedings on-line: Provided, however, That such observers
do have any direct or indirect interest in the contract to be bid out.
Procurment Monitoring
Section 42. Procurement Monitoring. The head of the BAC Secretariat shall have
the responsibility for monitoring the performance against standards set forth by this
Executive Order, its IRR, and existing rules and regulations. The head of the Secretariat
shall prepare a procurement monitoring report that shall be approved and submitted
by the head of the procuring agency on a quarterly basis. The contents and coverage
of this report shall be provided for in the IRR.
Incentives
and
Sanctions
Section 43. Incentives and Sanctions. In consultation with agencies and the Civil
Service Commission, the PPB and Infracom shall establish:
a) an equitable indemnification package for officials/staff providing services in the
BAC, Secretariat and the Technical Working Group, which may be in the form
of free legal assistance, liability insurance, and other forms of indemnification
and protection; and
b) a set of sanctions for violations of this Executive Order and its IRR committed
by officials/staff providing services in the BAC, Secretariat, and the Technical
Working Group.
Section 44. Administrative Penalties for Bidders and Prospective Bidders. The head of
the agency shall impose on bidders or prospective bidders, the administrative penalties
of suspension from participating in any public bidding of the agency for one (1) year for
the first offense and two (2) years for the second offense, as well as disqualification from
further participating in the public bidding currently being under taken by the agency
concerned where applicable, for the following violations, without prejudice to the
imposition of criminal and civil sanctions as provided by laws, rules and regulations:
a) Submission of eligibility requirements containing false information or falsified
documents.
b) Submission of bids that contain false information or falsified documents of the
concealment of such information in the bids.
199
c) Allowing the use of ones name, or using the name of another, for purposes of
public bidding.
d) Withdrawal of a bid or refusal to accept an award or enter into contract with
the government without just cause, after it shall have been determined to have
submitted the Lowest Calculated and Responsive Bid or the Highest Rated and
Responsive Bid, as the case may be.
e) Refusal or failure to post the required performance security within the
prescribed time.
f) Termination of the contract due to the default of the bidder.
g) Any documented unsolicited attempt by a bidder to unduly influence the
outcome of the bidding in his favor.
h) All other acts that tend to defeat the purpose of the public bidding.
In addition to the above administrative penalties, the bid security or the performance
security of the bidder concerned, where so applicable, shall also be forfeited.
The authority to impose the above-mentioned administrative penalties may be
delegated by the head of the agency to the BAC.
Final Provisions
Section 45. Local Government Units. All procurement of local government units
funded by the national government shall be governed by the provisions of this Executive
Order and its IRR. Furthermore, local government units are encouraged to apply the
rules and procedures provided in this Executive Order for procurement funded from
the local government funds.
Section 46. Appeals. Decision of the BAC in al stages of procurement may be appealed
to the head of the agency in writing. Appeals shall be made by filing a verified position
paper and paying a non-refundable protest fee. The amount of the protest fee and the
periods during which the appeals may be filed and resolved shall be specified in the
IRRs.
Section 47. Implementing Rules and Regulations (IRR). Within sixty (60) calendar
days from the issuance of this Executive Order, the PPB and the Infracom shall jointly
issue the policies, rules, regulations and procedures to implement this Executive Order,
leading to a more transparent and efficient procurement system for the government.
These IRR may be amended jointly by the PPB and the Infracom as the need arises.
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Section 48. Repealing Clause. All executive issuances, orders, rules and regulations
or parts thereof inconsistent with this Executive Order are hereby repealed, amended
and/or modified accordingly.
Section 49. Separability Clause. If any provision of this Executive Order is declared
invalid or unconstitutional, the other provisions not affected hereby shall remain valid
and subsisting.
Section 50. Effectivity Clause. This Executive Order shall take effect fifteen (15) day
after its publication in the Official Gazette or in a newspaper of general circulation.
DONE in the City of Manila, this 8th day of October in the year of Our Lord, Two
Thousand and One.
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(Section 2[4] of Executive Order No. 292 dated July 25, 1987, otherwise known as the
Administrative Code of 1987).
SECTION 2. Approval of Government Contracts Awarded Through Public Bidding.
Except for Government contracts required by law to be acted upon and/or approved
by the President, the Heads of the Procuring Entities shall have full authority to give
final approval and/or to enter into all Government contracts of their respective agencies
awarded through public bidding, regardless of the amount involved. Provided, that the
Head of the Procuring Entity certifies under oath that the contract has been entered
into in faithful compliance with all applicable laws and regulations.
The Heads of the Procuring Entities may delegate in writing this full authority to give
final approval and/or to enter into Government contracts awarded through public
bidding, as circumstances may warrant (i.e., decentralization of procurement in a
Government Agency), subject to such limitations imposed by the Head of the Procuring
Entity concerned (Section 5(j), Republic Act No. 9184).
As defined under Section 5(j) of Republic Act No. 9184, a Head of the Procuring Entity
refers to (i) the head of the agency or his duly authorized official, for national government
agencies; or (ii) the governing board or its duly authorized official, for governmentowned and/or controlled corporations, among others.
SECTION 3. Exceptions to Public Bidding.Sections 48 to 53 of Republic Act No.
9184 and its Implementing Rules and Regulations provide for exceptional cases where
the procurement of infrastructure projects, goods and consulting services may be
undertaken through alternative methods of procurement.
SECTION 4. Approval of Government Contracts Entered Into Through Alternative
Methods of Procurement.
a. For Government Contracts Involving An Amount Of At Least Five Hundred
Million Pesos (P500 Million).Where the Head of the Procuring Entity has
made a determination that a Government contract, including Government
contracts required by law to be acted upon and/or approved by the President,
involving an amount of at least Five Hundred Million Pesos (P500 Million)
falls under any of the exceptions from public bidding described in Section
3 hereof, the Head of the Procuring Entity shall, before proceeding with the
alternative methods of procurement provided by law and applicable rules and
regulations, obtain the following requirements:
i. An opinion from the Government Procurement Policy Board (GPPB) that
said Government contract falls within the exceptions from public bidding;
and
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contracts they approve and/or enter into are in accordance with existing laws, rules
and regulations and are consistent with the spending and development priorities of
Government.
All Government contracts entered into in violation of the provisions of law, rules and
regulations, and of this Executive Order shall be considered contracts entered into
without authority and are thus invalid and not binding on the Government.
SECTION 6. Government Contracts Requiring Presidential Action and/or Approval.
a. All Government contracts required by law to be acted upon and/or approved by
the President, and any subsequent amendments or supplements thereto, shall
not be signed until after the NEDA Board, which is chaired by the President,
has favorably acted upon and/or approved the same.
b. All Government contracts required by law to be acted upon and/or approved
by the President, and any subsequent amendments or supplements thereto,
shall be submitted with complete documentation to NEDA, through its
DirectorGeneral, within seven (7) days from the approval by the Head of the
Procuring Entity concerned or his/its duly authorized official, as the case may
be, for NEDAs review and evaluation.
Government contracts submitted hereunder shall be accompanied by a
complete execution copy of the contract, related agreements, annexes, other
approvals and permits, including a detailed summary of the pertinent laws,
rules and regulations governing the processing and award of the contract, and
accompanied by the requirements of Section 4(a) hereof where alternative
methods of procurement were resorted to.
c. Within thirty (30) days from its receipt of the Government contract with
complete documentation, and any subsequent amendments or supplements
thereto, NEDA shall submit, its recommendation to the NEDA Board, which is
chaired by the President, for appropriate action. The NEDA Board, at a meeting
chaired by the President, shall then act and/or approve the Government
contract, as it deems appropriate.
d. Within seven (7) days from the date of the NEDA Boards action, NEDA,
through its Director-General, shall formally notify the Head of the Procuring
Entity concerned or his/its duly authorized official, as the case may be, of the
action of the NEDA Board, including any comments thereon.
e. Should the NEDA favorably act on the contract, the Department Secretary
and Head of the Procuring Entity is hereby given full powers and authority
to approve, sign, execute and deliver any deed or document necessary and
proper for the execution and implementation of such contract and subsequent
amendments or supplements thereto. Provided, that the Department Secretary
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and Head of Procuring Entity shall certify under oath that: (1) such contract
complies with the Constitution and all existing laws, rules and regulations
and that (2) such contract is not grossly disadvantageous to the government.
SECTION 7. Governing Law for Government Contracts.
a. Contracts for the Procurement of Infrastructure Projects, Goods, and Consulting
Services. Contracts for the procurement of infrastructure projects, goods,
and consulting services shall be governed by Republic Act No. 9184 and its
Implementing Rules and Regulations (Section 4, Republic Act. No. 9184).
Contracts for the lease of goods and real estate shall be governed by Republic
Act No. 9184 and its Implementing Rules and Regulations (Section 5[n],
Republic Act No. 9184).
b. Contracts for Acquisition of Right-of-Way, Site or Location for National
Government Infrastructure Projects. Contracts for the acquisition of real
property needed as right-of-way, site or location for national government
infrastructure projects shall be governed by Republic Act No. 8974 (Section
5[n]), Republic Act No. 9184).
c. BOT Contracts. Contracts undertaken through Build-Operate and Transfer
(BOT) schemes and other variations shall be governed by Republic Act No.
6957, as amended by Republic Act No. 7718, and its Implementing Rules and
Regulations.
d. ODA-funded Contracts. Government Contracts financed wholly or partly with
Official Development Assistance (ODA) funds shall be governed by Republic
Act No. 4860, as amended, Republic Act No. 8182, as amended by Republic
Act No. 8555, and Republic Act No. 9184 and its Implementing Rules and
Regulations (Section 4, Republic Act No. 9184).
The GPPB may issue guidelines for Government Contracts financed with ODA
funds with the objective of promoting transparency, competitiveness, and
accountability in government transactions, and, where applicable, complying
with the requirements of an open and competitive public bidding, consistent
with Republic Act No. 9184 and its Implementing Rules and Regulations
(Section 4, Republic Act No. 9184).
SECTION 8. Joint Venture Agreements.The NEDA, in consultation with the GPPB,
shall issue guidelines regarding joint venture agreements with private entities with
the objective of promoting transparency, competitiveness, and accountability in
government transactions, and, where applicable, complying with the requirements of
an open and competitive public bidding.
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SECTION 15. Effectivity.This Executive Order shall take effect immediately upon
publication in two (2) newspapers of general circulation.
DONE in the City of Manila, this 30th day of April, Two Thousand and Five.
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SECTION 2. As provided under PD 2029, series of 1986, the term GOCCs is defined
as a stock or non-stock corporation, whether performing governmental or proprietary
functions, which is directly chartered by a special law or if organized under the general
corporation law, is owned or controlled by the government directly, or indirectly,
through a parent corporation or subsidiary corporation, to the extent of at least a
majority of its outstanding capital stock or of its outstanding voting capital stock.
Under Section 2(10) of the Introductory Provisions of the Administrative Code of 1987,
a government instrumentality refers to any agency of the National Government,
not integrated within the department framework, vested with special functions or
jurisdiction by law; endowed with some, if not all corporate powers, administering
special funds, and enjoying operational autonomy, usually through a charter.
SECTION 3. The following corporations are considered GOCCs under the conditions
and/or circumstances indicated:
a) A corporation organized under the general corporation law under private
ownership at least a majority of the shares of stock of which were conveyed to
a government financial institution, whether by foreclosure or otherwise, or a
subsidiary corporation of a government corporation organized exclusively to
own and manage, or lease, or operate specific assets acquired by a government
financial institution in satisfaction of debts incurred therewith, and which in
any case by enunciated policy of the government is required to be disposed of
to private ownership within a specified period of time, shall not be considered
a GOCC before such disposition and even if the ownership or control thereof
is subsequently transferred to another GOCC;
b) A corporation created by special law which is explicitly intended under that
law for ultimate transfer to private ownership under certain specified conditions
shall be considered a GOCC, until it is transferred to private ownership;
c) A corporation that is authorized to be established by special law, but which
is still required under that law to register with the Securities and Exchange
Commission in order to acquire a juridical personality, shall not, on the basis
of the special law alone, be considered a GOCC.
SECTION 4. The terms parent corporation, subsidiary and/or affiliate shall have
the following meanings and legal signification:
a) A parent corporation is one which is created by special law;
b) A subsidiary corporation is one organized under the general corporation
law (1) under private ownership at least a majority of the shares of stock of
which were conveyed to a government corporation in satisfaction of debts
incurred with a government financial institution, whether by foreclosure or
Laws on Bases Conversion
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the Cebu Port Authority (CPA), the Cagayan de Oro Port Authority, the San
Fernando Port Authority, the Local Water Utilities Administration (LWUA) and
the Asian Productivity Organization (APO).
o. Government-Owned or Controlled Corporation (GOCC) refers to any agency
organized as a stock or nonstock corporation, vested with functions relating
to public needs whether governmental or proprietary in nature, and owned
by the Government of the Republic of the Philippines directly or indirectly or
through its instrumentalities either wholly or, where applicable as in the case of
stock corporations, to the extent of at least a majority of its outstanding capital
stock: Provided, however, That for purposes of this Act, the term GOCC shall
include GICP/GCE and GFI as defined herein.
p. Nonchartered GOCC refer to a GOCC organized and operating under Batas
Pambansa Bilang 68, or The Corporation code of the Philippine.
q. Officers refer to the corporate officers of the GOCC as provided in its charter
or bylaws, such as the CEO, Chief Finance Officer, Chief Investment Officer,
President, Vice President, General Manager, Treasurer and Corporate Secretary.
r. Ownership Manuals refer to guidelines and rules pertaining to the ownership
by the State or corporations and enterprises or the exercise of such ownership
governing the GOCCs or any classification thereof.
s. Per Diems refer to the compensation granted to members of the Board of
Directors or Trustees of a GOCC for actual attendance in meetings.
t. Performance Evaluation System refers to the process of appraising the
accomplishments of GOCCs in a given fiscal year based on set performance
criteria, targets and weights.
u. Performance Scorecard refers to a governance and management tool forming
part of the performance evaluation system which consists of a set of measures,
targets and initiatives that facilitate the achievement of breakthrough results and
performance through the effective and efficient monitoring and coordination
of the strategic objectives of the GOCC.
v. President refers to the President of the Republic of the Philippines.
w. Related Corporation refers to a subsidiary or affiliate of a GOCC.
x. Secretary refers to the person vested with the authority and responsibility for
the exercise of the mandate of the Department, for the discharge of its powers
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and functions, and who shall have supervision and control of the Department.
y. Strategy Map refers to an integrated set of strategic choices or objectives
drawn by the governing body, the successful execution of which results in
the achievement of the GOCCs vision in relation to its mission or purpose for
having been created.
z. Subsidiary refers to a corporation where at least a majority of the outstanding
capital stock is owned or controlled, directly or indirectly, through one or more
intermediaries, by the OGCC.
SECTION 4. Coverage.The Act shall be applicable to all GOCCs, GICPs/GCEs,
and government financial institutions, including their subsidiaries, but excluding
the Bangko Sentral ng Pilipinas, state universities and colleges, cooperatives, local
water districts, economic zone authorities and research institutions, the President shall
appoint one-third (1/3) of the board members from the list submitted by the GCG.
Chapter II
The Covernance Commission for Government-Owned or Controlled Corporations (GCG)
SECTION 5. Creation of the Governance Commission for Government-Owned or
Controlled Corporations.There is hereby created a central advisory, monitoring, and
oversight body with authority to formulate, implement and coordinate policies to be
known as the Governance Commission for G Government-Owned or Controlled
Corporations, hereinafter referred to as the GCG, which shall be attached to the Office
of the President. The GCG shall have the following powers and functions:
a. Evaluate the performance and determine the relevance of the GOCC, to
ascertain whether such GOCC should be reorganized, merged, streamlined,
abolished or privatized, in consultation with the department or agency to
which a GOCC is attached. For this purpose, the GCG shall be guided by any
of the following standards:
1. The functions or purposes for which the GOCC was created are no longer
relevant to the State or no longer consistent with the national development
policy of the State;
2. The GOCCs functions or purposes duplicate or unnecessarily overlap
with functions, programs, activities or projects already provided by a
Government Agency;
3. The GOCC is not producing the desired outcomes, or no longer achieving
the objectives and purposes for which it was originally designed and
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implemented, and/or not cost efficient and does not generate the level of
social, physical and economic returns vis--vis the resource inputs;
4. The GOCC is in fact dormant or non-operational;
5. The GOCC is involved in an activity best carried out by the private sector;
and
6. The functions, purpose or nature of operations of any group of GOCCs
require consolidation under s holding company.
Upon determination by the GCG hat it is to the best interest of the State that a GOCC
should be reorganized, merged, streamlined, abolished or privatized, it shall:
i. Implement the reorganization, merger, streamlining of the GOCC, unless
otherwise directed by the President; or
ii. Recommend to the President the abolition or privatization of the GOCC,
and upon the approval of the President, implement such abolition or
privatization, unless the President designates another agency to implement
such abolition or privatization.
b. Classify GOCCs into (1) Developmental/Social Corporations; (2) Proprietary
Commercial Corporations; (3) Government Financial, Investment and trust
Institutions; (4) Corporations with Regulatory Functions; and (5) Others as
may be classified by the GCG, without prejudice to further subclassifications
in each category and/or any other classification based on parameters as it
may find relevant or materials such as, but not limited to, industry type. The
classification shall guide the GCG in exercising its powers and functions as
provided herein;
c. In consultation with the relevant government agencies and stakeholders, adopt
within one hundred eighty (180) days from its constitution, an ownership and
operations manual and the government corporate standards governing GOCCs:
Provided, That the government corporate governance standards applicable to
GOCCs shall be no less rigorous than those required by the Philippines Stock
Exchange or the Securities and Exchange Commission of listed companies, or
those required by the Bangko Sentral ng Pilipinas or the Insurance Commission
for banking institutions and insurance companies, as the case may be. The
manual shall be consistent with the Medium-term Philippine Development
Plan issued by the National Economic and Development Authority (NEDA)
and shall include:
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1.
2.
3.
4.
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and
for
GOCCs
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level with due regard to the provisions of existing compensation and position
classification laws including Joint Resolution No. 4, Series of 2009, and te
GOCCs operating budget; and
c. A review of the GOCC compensation rates, taking into account the performance
of the GOCC, its overall contribution to the national economy and the possible
erosion in purchasing power due to inflation and other factors, shall be
conducted periodically.
Any law to the contrary notwithstanding, no GOCC shall be exempt from the covering
of the Compensation and Position Classification System developed by the GCG under
this Act.
SECTION 10. Additional Incentives.The GCG may recommend to the President,
incentives for certain position titles in consideration of the good performance of the
GOCC: Provided, That no incentives shall be granted unless the GOCC has fully paid
all taxes for which it is liable, and the GOCC has declared and paid all the dividends
required to be paid under its charter or any other laws.
SECTION 11. Non-diminution of Salaries.The Compensation and Position
Classification System to be developed and recommended by the GCG and as approved
by the President shall apply to all positions, on full or part-time basis, now existing or
hereafter created in the GOCC: Provided, That in no case shall there be any diminution
in the authorized salaries as of December 31, 2010 of incumbent employees of
GOCCs, including those exempt under Republic Act No. 6758, as amended, upon the
implementation of the Compensation and Position Classification System for GOCCs.
Chapter IV
Board of Directors/Trustees/Officers
Controlled Corporations
of
Government-Owned
or-
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Any provision of law to the contrary notwithstanding, all incumbent CEOs and
appointive members of the Board of GOCCs shall, upon approval of this Act, have a
term of office until June 30, 2011, unless sooner replaced by the President: Provided,
however, That the incumbent CEOs and appointive members of the Board shall
continue in office until the successors have been appointed by the President.
SECTION 18. The Chief Executive Officer of the GOCC.The CEO of the highestranking officer provided in the charters of the GOCCs, shall be elected annually by
the members of the Board from among its ranks. The CEO shall be subject to the
disciplinary powers of the Board and may be removed by the Board for cause.
SECTION 19. Fiduciary Duties of the Board and Officers.As fiduciaries of the State,
members of the Board of Directors/Trustees and the Officers of GOCCs have the legal
obligation and duty to always act in the best interest of the GOCC, with utmost good
faith in all its dealings with the property and monies of the GOCC.
The members of the Board and Officers of GOCCs shall:
a. Act with utmost and undivided loyalty to the GOCC;
b. Act with due care, extraordinary diligence, skill and good faith in the conduct
of the business of the GOCC;
c. Avoid conflicts of interest and declare any interest they may have in any
particular matter before the Board;
d. Apply sound business principles to ensure the financial soundness of the
GOCC; and
e. Elect and/or employ only Officers who are fit and proper to hold such office
with due regard to the qualifications, competence, experience and integrity.
Where a member of the Board or an Officer, by virtue of the office, acquires or receives
for oneself a benefit or profit, of whatever kind or nature including, but not limited to,
the acquisition of shares in corporations where the GOCC has an interest, using the
properties of the GOCC for their own benefit, receiving commissions on contracts from
the GOCCs assets, or taking advantage of corporate opportunities of the GOCC, all
such profits or benefits shall be subject to restitution under Section 24 of this Act, without
prejudice to any administrative, civil or criminal action against members of the Board
of Directors/Trustees or Officers. This provision shall be applicable notwithstanding the
fact that such member of the Board or Officer risked ones own funds in the venture.
SECTION 20. Trustee Relation to the Properties, Interests and Monies of the GOCC.
Except for the per diem received for actual attendance in board meetings and the
reimbursement for actual and reasonable expenses and incentives as authorized by
the GCG, any and all realized and unrealized profits and/or benefits including, but not
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limited to, the share in the profits, incentives of members of the Board or Officers in
excess of that authorized by the GCG, stock options, dividends and other similar offers
or grants from corporations where the GOCC is a stockholder or investor, and any
benefit from the performance of members of the Board or Officers of the Corporation
acting for and in behalf of the GOCC in dealing with its properties, investments in
other corporations, management of subsidiaries and other interest, are to be held in
trust by such member of the Board or Officer for the exclusive benefit of the GOCC
represented.
SECTION 21. Care, Diligence and Skill in the Conduct of the Business of the GOCC.
The members of the Board and the Officers must exercise extraordinary diligence in
the conduct of the business and in dealing with the properties of the GOCC. Such
degree of diligence requires using the utmost diligence of very cautious person with
due regard for all the circumstances.
SECTION 22. Power of the Board of Directors/Trustees to Discipline, Remove Officers
of GOCC.Subject to existing civil service laws, rules and regulations, the Board shall
have authority to discipline the CEO, or order the removal fro office, upon a majority
vote of the members of the Board who actually took part in the investigation and
deliberation.
SECTION 23. Limits to Compensation, Per Diems, Allowances and Incentives.The
charters of each of the GOCCs to the contrary notwithstanding, the compensation, per
diems, allowances and incentives of the members of the Board of directors/Trustees
of the GOCCs shall be determined by the GCG using as a reference, among others,
Executive Order No. 24 dated February 10, 2011: Provided, however, That Directors/
trustees shall not be entitled to retirement benefits as such directors/trustees.
In case of GOCCs organized solely for the promotion of social welfare and the common
good without regard to profit, the total yearly per diems and incentives in the aggregate
which the members of the Board of such GOCCs may receive shall be determined by
the President upon the recommendation of the GCG based on the achievement by
such GOCC of its performance targets.
SECTION 24. Restitution.Upon the determination and report of the Commission on
Audit (COA) that properties or monies belonging to the GOCC are in the possession
of a member of the Board or Officer without authority, or that profits are earned by
the member of the Board or Officer in violation of the fiduciary duty, or the aggregate
per diems, allowances and incentives received in a particular year are in excess of
the limits provided under this Act, the member of the Board or Officer receiving such
properties or monies shall return the same to the GOCC.
Failure to make the restitution within thirty (30) days after a written demand has been
served shall, after trial and final judgement, be punished by an imprisonment of one (1)
year and a fine equivalent to twice the amount to be restituted, and in the direction of
the court of competent jurisdiction, disqualification to hold public office.
Laws on Bases Conversion
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Chapter V
Disclosure Requirements
SECTION 35. Full Disclosure.All GOCCs shall maintain a website and post therein
for unrestricted public access:
a. Their latest annual audited financial and performance report within thirty (30)
days from receipt of such report;
b. Audited financial statements in the immediate past five (5) years;
c. Quarterly, annual reports and trial balance;
d. Current corporate operating budget;
e. Complete compensation package of all the board members and officers,
including travel, representation, transportation and any other form of expenses
or allowances;
f. Local and foreign borrowings;
g. Performance scorecards and strategy maps;
h. Government subsidies and net lending;
i. All borrowings guaranteed by the government; and
j. Such other information or report the GCC may require.
SECTION 26. Special Audit.
a. The thirty (30) GOCCs with the highest total assets shall be subject to periodic
special audit by the COA. The periodic audit shall, at the minimum make a
determination whether:
1. The accounting records of the GOCCs are complete and in accordance
with generally accepted accounting practices and standards; and
2. The statements prepared from the accounts present fairly and
comprehensively their GOCCs financial position and the results of its
financial operations.
b. As may be necessary or convenient in the performance by the GCG of its
functions, the Chairman of the GCG may direct at any time a special OA audit
of any other GOCC for any specific purpose or when authorized by law, direct
an audit by independent auditors.
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Chapter VI
Creation and Acquisition
of a
GOCC
or
Related Corporation
SECTION 27. Requisition for the Creation of a New GOCC or related Corporation
under The Corporation Code.A government agency seeking to establish a GOCC or
related Corporation under The Corporation Code of the Philippines shall submit its
proposal to the GCG for review and recommendation to the President for approval
before registering the same with the Securities and exchange Commission (SEC). The
SEC shall not register the articles of incorporation and bylaws of a proposed GOCC
or Related Corporation, unless the application for registration is accompanied by an
endorsement from the GCG stating that the President has approved the same.
SECTION 28. Requisites for the Acquisition of Controlling Interest in Another
Corporation.Any government agency seeking to purchase a corporation or acquire
controlling interest therein shall submit its proposal to the GCG for review and approval
of the President.
Chapter VII
Miscellaneous Provisions
SECTION 29. Appropriations.The amount of Ten million pesos (P10,000,000.00)
for the initial operation of the GCG shall be sourced from the Contingent Fund of the
President. Subsequent funding requirements shall be included in the annual General
Appropriations Act.
SECTION 30. Suppletory Application of The Corporation Code and Charters of
the GOCCs.The provisions of The Corporation Code of the Philippines and the
provisions of the charters of the relevant GOCCs, insofar as they are not inconsistent
with the provisions of this Act, shall apply suppletorily to GOCCs.
SECTION 31. Transitory Provision.The privatization Council and the Privatization
and Management Office created under executive Order No. 323, Series of 2000, shall
continue to implement and finish the privatization of GOCCs that have been identified
by the said Privatization Council and approved for privatization by the president prior
to the effectivity of this Act: Provided, however, That the privatization of said GOCCs
that remain unfinished at the end of two (2) years after the effectivity of this Act shall
be automatically transferred to the GCG which shall continue the privatization of the
GOCCs.
SECTION 32. Repealing Clause.The charters of the GOCCs under existing laws and
all other laws, executive orders including Executive Order No. 323, Series of 2000,
administrative orders, rules, regulations, decrees and other issuances or parts thereof
which are inconsistent with the provisions of this Act are hereby revoked, repealed or
modified accordingly.
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This Act is a consolidation of Senate Bill No. 2640 and House Bill No. 4067 was finally
passed by the Senate and the House of Representatives on May 30, 2011 and May 31,
2011, respectively.
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iii. When there is failure of competition, i.e., there is only a single interested
party remaining as defined under VIII(6) of Annex A.
In the case of subsection b(iii) above, the procedures outlined in Annex B
(Limited Negotiation Procedures in case of Failed Competitive Selection under
Section 6 of Annex A of the Guidelines) shall apply. Subsections b(i) and
b(ii) shall be governed by the rules under Annex C (Detailed Guidelines for
Competitive Challenge Type Procedure Public-Private Joint Ventures).
7.4 Deviations and Amendments to the JV Agreement. The concerned Government
Entity shall not proceed with the award and signing of the contract if there are
material deviations from the parameters and terms and conditions set forth in
the proposal/tender documents that tend to increase the financial exposure,
liabilities, and risks of government or any other factors that would cause
disadvantage to government and any deviation that will cause prejudice to
losing private sector participants. Said material deviations and amendments
shall be subjected to the approval requirements under Sections 7.1 and 7.2
hereof. The Head of the Government Entity concerned shall be responsible for
compliance with this policy. Violation of this provision shall render the award
and/or the signed JV Agreement invalid.
Any amendment to a JV Agreement after award and signing of contract, which
does not materially affect the substance of the competitive selection, shall be
subjected to the requirements stipulated under Sections 7.1 and 7.2 hereof.
Noncompliance with the corresponding approval process stated shall render
the amendment null and void.
8.0 Reporting Requirement. During the course of implementation of the JV
Agreement, the concerned Government Entity shall submit an annual report on the
status of its implementation during a current year to the Department of Finance, for
monitoring purposes. The annual report shall be submitted within the first quarter
of the succeeding year. The report shall use current standards in the production of
corporate annual reports and shall include the audited financial statements of the JV.
In addition, the report shall also contain the JVs work program for a period of three (3)
years starting from the year the annual report is issued.
Pursuant to Section 10 of EO No. 423, the heads of government entities as defined in
Section 5 of these Guidelines, shall submit to NEDA the salient features and a copy
of JV Agreements amounting to at least Three Hundred Million Pesos (P300 Million)
together with all documents required thereto for monitoring of compliance with
relevant policies, procedures and conditions for approval of the JV undertaking.
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9.0 Amendments. These Guidelines may be amended and/or modified from time to
time by NEDA through its Director-General, in consultation with the GPPB and the
OGCC.
10.0 Separability. If any provision of these Guidelines is held or declared void
or unenforceable by final judgment of a court of competent jurisdiction, the other
provisions unaffected thereby shall remain in full force and effect.
11.0 Effectivity. These Guidelines and any subsequent amendment or modification
shall take effect fifteen (15) calendar days from the date of its publication in a newspaper
of general circulation or the Official Gazette or other modes legally acceptable, and
a copy of it shall be submitted to the Office of the National Administrative Registry
(ONAR) and the UP Law Center.
Annex A
Detailed Guidelines and Procedures
for Public-Private Joint Ventures
for
Competitive Selection
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ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
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xviii.
xix.
xx.
xxi.
xxii.
xxiii.
xxiv.
xxv.
xxvi.
xxvii.
xxviii.
xxix.
xxx.
xxxi.
xxxii.
xxxiii.
xxxiv.
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conducted at least thirty (30) calendar days before the submission of proposals.
Notwithstanding, the Government Entity concerned may adjust said period as
may be appropriate for the nature, scope, size, and complexity of the proposed
JV activity. Provided, that the principles of transparency, competition and
accountability are observed.
VI. Submission and Receipt of Proposals
1. Requirements for Submission of Proposals. Private sector participants shall
be required to submit their proposals on or before the deadline stipulated in
the Instructions to Participants. For eligible participants, proposals shall be
submitted in two (2) separate sealed envelopes, the first being the technical
proposal and the second the financial proposal.
a. The technical proposal shall contain the following, as applicable:
1. compliance statements with regard to the technical parameters as
stated in the tender documents;
2. operational feasibility;
3. technical soundness, including proposed project timeline;
4. preliminary environmental assessment;
5. cost and financing plan of the JV activity; and
6. proposal security in accordance with the following schedule:
Cost of JV Activity as Estimated
by the Government Entity
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The JV-SC shall notify the private sector participants qualifying for the second
stage of evaluation of the date, time and place of the opening of the envelopes
for the financial proposal. The opening thereof shall follow the same procedure
prescribed for the opening of the envelopes containing technical proposals.
4. Evaluation of the financial proposal. The evaluation of the financial proposal
shall involve the assessment and comparison of the financial proposals
against the financial parameters stated in the tender documents and proposal
parameters set by the Government Entity concerned. The proposed financing
plan must show that the same adequately meets the costs relative to the JV
activity. The second stage evaluation of financial proposals shall be completed
by the JV-SC of the concerned Government Entity within fifteen (15) calendar
days.
5. Simultaneous evaluation of the technical and financial proposals. Subject to
the determination of the Head of the Government Entity wherein the nature of
the JV activity shall warrant the appreciation of both the technical and financial
proposals as a whole in order to determine the best proposal, simultaneous
evaluation of the technical and financial proposals may be resorted to.
Provided, that, said evaluation procedure shall be explicitly stated in the
proposal documents. Simultaneous evaluation of the technical and financial
proposals shall be completed within thirty (30) calendar days from the date the
proposals are opened.
6. Prescriptive periods. The periods stated for the evaluation of the technical
and financial proposals are prescriptive. The Government Entity concerned
may adjust said periods as may be appropriate for the nature, scope, size,
and complexity of the proposed JV activity. Provided, that the principles of
transparency, competition and accountability are observed.
7. Rejection of proposals. Non-compliance to the information required on either
the first or second envelope shall be grounds for rejection of proposals.
8. Withdrawal and/or modification of proposals. Withdrawal and/or modification
of proposals may be allowed upon written notice by the private sector participant
concerned, to the Government Entity prior to the time and date set for the
opening of the envelope containing the technical proposal as specified in the
Instructions to Private Sector Participants. No proposals shall thereafter be
modified or withdrawn. Proposal modifications received after said period shall
be considered late and will be returned unopened. Withdrawal of proposals
after the proposal opening date shall cause the forfeiture of the private sector
participants proposal security.
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9. Right to Reject All Proposals. The Government Entity concerned reserves the
right to reject any or all proposals, waive any minor defects therein and accept
the offer it deems most advantageous to the government.
VIII. Award and Approval of Contract
1. Recommendation to Award. Within seven (7) calendar days from the date
the evaluation procedure adopted is completed, the JV-SC shall submit the
recommendation of award to the Head of the Government Entity concerned.
The JVSC shall include as part of its recommendation, a detailed evaluation/
assessment report on its decision regarding the evaluation of the proposals,
and explain in clear terms the basis of its recommendations.
2. Decision to Award. Within seven (7) calendar days from the submission by JVSC of the recommendation to award, the Head of the Government Entity shall
approve or reject the same. The approval shall be manifested by signing and
issuing the Notice of Award to the winning private sector participant within
seven (7) calendar days from approval thereof.
All participating private sector participants shall be informed of the award in
writing. Such decision shall be made available to the public upon request.
3. Notice of Award. The Notice of Award to be issued by the Head of
Government Entity concerned, shall contain among others, an instruction to
the winning private sector participant to comply with conditions precedent for
the execution of the JV Agreement and to submit compliance statements with
regard thereto, within fifteen (15) calendar days from receipt of the Notice of
Award.
Failure to comply with the conditions precedent for the execution of the
contract within the prescribed fifteen (15)-calendar day period will result
in confiscation of the proposal security. Within seven (7)-calendar days
from receipt of the compliance statements from the winning private sector
participant, the Head of the Government Entity shall determine the sufficiency
of the same, and notify the winning private sector participant accordingly.
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Private sector participants shall have the right to refuse such an extension
without forfeiting their proposal security. As a condition of the extension of
the validity of their proposals, participating private sector participants must
correspondingly extend the validity of their proposal security.
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In the event of refusal, inability or failure of the winning private sector participant
to enter into contract with the Government Entity concerned, within the time
provided therefore, said Government Entity shall forfeit its proposal security. In
such event, the Government Entity concerned shall consider the private sector
participant with the next ranked complying proposal as the winning private
sector participant, and notify said private sector participant accordingly. If
the next ranked complying private sector participant shall likewise refuse or
fail to enter into contract with the Government, its proposal security shall
likewise be forfeited and the Government Entity concerned shall consider the
next ranked complying proposal, and so on, until a contract shall have been
entered into. In the event that the concerned Government Entity is unable to
execute the contract with any of the complying private sector participants, a
failure of competitive selection will be declared and the JV may be subjected
to a competitive selection again.
8. Other Approvals for Contract. The entity tasked under the JV Agreement
shall, as may be required under existing laws, rules and regulations,
secure any and all other approvals for the contract, or the implementation
thereof, from government agencies or bodies including the Regulator, in
the case of Public Utility Projects. This includes securing the necessary and
appropriate environmental clearances from the DENR prior to actual project
implementation. The DENR shall act on the environmental clearance of the JV
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activity within the time frame prescribed and following the guidelines of the
DENR Administrative Order No. 96-37 and subsequent guidelines as may be
issued from time to time. The Government Entity may provide the necessary
assistance to its JV partner in securing all the required clearances. The contract
shall provide milestones in securing such other approvals required for the
implementation of the contract.
Prior to the execution of the JV Agreement, the OGCC, OSG or other entity
prescribed by law/issuances as the statutory counsel of GOCCs, GCEs and
GICPs, shall issue the corresponding Counsels Opinion.
9. Contract Effectivity. The contract shall be effective upon signing thereof by the
Head of Government Entity and unless another date is stipulated therein.
IX. Appeals Mechanism
1. Decisions of the JV-SC with respect to conduct of the competitive selection
process may be appealed in writing to the Head of the Government Entity
concerned: Provided, however, that a prior motion for reconsideration should
have been filed by the party concerned, and the same has been resolved
JV-SC. The appeal must be filed within seven (7) calendar days from receipt
by the party concerned of the resolution of the JV-SC denying its motion for
reconsideration. An appeal may be made by filing a verified position paper
with the Head of the Government Entity concerned, accompanied by the
payment of a non-refundable appeal fee. The non-refundable appeal fee shall
be in an amount equivalent to no less than one-half (1/2) of one percent (1%)
of the project cost.
X. Final Approval
1. Contract Award and Final Approval. Subject to the charter of the Government
Entity concerned, no further and higher approval is necessary, unless the
same is required by Law to be acted upon by the President. In which case,
the procedure stipulated under Section 6 (Government Contracts Requiring
Presidential Action and/or Approval) of EO No. 423, as amended by EO No.
645, shall be followed. Upon approval of the JV Agreement, the Government
Entity concerned shall adhere to the requirements of Section 10 (Submission
of Government Contracts) of the same EO, as deemed applicable.
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Annex B
Detailed Guidelines for Limited Negotiation Procedures in Case
of Failed Competitive Selection Under Section 6 of Annex A
of the Guidelines
Upon the declaration of a failed competitive selection under Section VIII.6 of Annex A of
the Guidelines, the Government Entity concerned shall enter into limited negotiations.
The Government Entity concerned shall set the timetable of the various activities for
the limited negotiations. The Government Entity concerned may terminate the limited
negotiations should the party it is negotiating with fail to observe the said timetable.
The negotiations shall be in accordance with the following procedures:
I. Should there be a failure of competitive selection brought about by instances
stipulated under Section VIII.6.a and 6.b as outlined in Annex A, with the effect
that there is only one (1) interested party remaining, the following procedure shall
be observed:
a. The Government Entity concerned shall proceed with the determination of the
eligibility of the sole private sector entity;
b. The sole private sector entitys eligibility documents shall be evaluated in
accordance with the rules set forth in Annex A of the Guidelines;
c. If the eligibility documents are found to be insufficient and rated failed, the
Government Entity concerned shall terminate the negotiations. In the event
the negotiations are terminated, the Head of the Government Entity, at its sole
option, may conduct again a competitive selection or decide to pursue the
proposed activity through alternative routes other than JV;
d. If the eligibility documents are found sufficient and rated passed, the
Government Entity concerned shall give the sole private sector entity the draft
tender documents in accordance with Annex A of the Guidelines;
e. The sole private sector entity shall submit a proposal in accordance and
compliance with Annex A of the Guidelines;
f. The Government Entity concerned shall simultaneously evaluate the technical
and financial proposals of the sole private sector entity in accordance with
Annex A of the Guidelines;
g. If the proposal of the sole private sector entity is rated failed, the
Government Entity concerned shall terminate the negotiations and, the Head
of the Government Entity, at its sole option, may conduct again a competitive
selection or decide to pursue the proposed activity through alternative routes
other than JV.
h. Should the proposal of the sole private sector entity meet the parameters set
forth in the tender documents, the Government Entity concerned shall enter
into the JV Agreement with the sole private sector entity concerned. In the
event that an agreement is not reached, negotiations shall be terminated.
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offer within thirty (30) calendar days from receipt of notification from the
Government Entity of the results of the competitive selection. Should no
matching offer be received within the stated period, the JV activity shall be
awarded to the comparative private sector participant submitting the most
advantageous proposal. If a matching offer is received within the prescribed
period, the JV activity shall be awarded to the original proponent. If no
comparative proposal is received by the Government Entity, the JV activity
shall be immediately awarded to the original private sector proponent.
5. Within seven (7) calendar days from the date of completion of the
Competitive Challenge, the JV-SC shall submit the recommendation of
award to the Head of the Government Entity. Succeeding activities shall
be in accordance with Sections VIII. (Award and Approval of Contract) and
X (Final Approval) of Annex A hereof.
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(3) x x x
(4) x x x
(5) x x x
(6) x x x
(e) Doctrines development - The Department of National Defense and the
AFP shall be responsible for the generation, evaluation, consolidation and
formalization of doctrines; the conduct of periodic review and validation of
doctrines through field application, testing and exercises; and the dissemination
of approved doctrines at all level command.
The Secretary of National Defense shall formulate a guidelines to implement
this section in accordance with the objectives of the modernization program
enumerated in the preceding section.
SECTION 2. Section 6 of the same Act is hereby amended to read as follows:
Sec. 6. Period of Implementation. - The Revised AFP Modernization Program
under this Act shall be implemented over a period of fifteen (15) years effective
upon the date of the approval of this Act: Provided, however, That payments
for amortization of outstanding multi-year contract obligations incurred under
the Revised AFP Modernization Act may extend beyond this period.
SECTION 3. Section 7 of the same Act is hereby amended to read as follows:
Sec. 7. Submission of the Revised AFP Modernization Program. - (a)
Within sixty (60) days from the effectivity of this Act, the President, upon
the recommendation of the Secretaries of National Defense and Budget
Management, shall submit the Revised AFP Modernization Program as
provided for in this Act to Congress. The Program shall indicate or show inter
alia:
(1) The size and shape of the AFP in terms of personnel, equipment, and
facilities during the various phases of the modernization program;
(2) The modernization projects under it, including the major weapon and
non-weapon equipment and technology acquisitions sought by the respective
services and units of the AFP, any major infrastructure construction or
improvement to be made and the particular objective(s) and component(s)
under Section 3 and 4, respectively, of this Act to which such intended
acquisition, construction or improvements belongs; and
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258
(g) The proceeds from the disposal of excess and/or uneconomically repairable
equipment and other inovable assets of the AFP and the Government Arsenal;
(h) Funds from budgetary surplus, if any, as may be auhtorized by Congress
subject to the provisions of Section 8 of this Act;
(i) Donations coming from local and foreign sources, specifically earmarked
to be used for the Revised AFP Modernization Program; and
(j) All interest income of the trust fund.
Funds from the foregoing sources, regardless of income source, shall be
directly deposited to a special account in the general fund created specifically
for the Revised AFP Modernization importation of the same by the AFP shall
likewise be exempt from the value-added tax and customs duties.
Sec. 18. Congressional Oversight Committee. There is hereby created a
Congressional Oversight Committee to monitor and oversee the implementation
of the provisions of this Act. The Committee shall be composed of six (6)
members from the Senate and six (6) members from the House of Representatives
with the Chairpersons of the Committees on National Defense and Security
of both Houses as Joint Chairpersons. The five (5) other members from each
Chamber shall be designated by the Senate President and the Speaker of the
House of Representatives, respectively. The Minority shall have at least two (2)
representatives from both Chambers.
Sec. 19. Sunset Review. As the need arises or within five (5) years after its
effectivity, the Congressional Oversight Committee shall conduct a sunset
review of this Act. The term sunset review shall mean a systematic evaluation
of the accomplishments and impact of this Act, as well as the performance
and organizational structure of its implementing agencies, for purposes of
determining remedial legislation.
SECTION 11. All sections of the same Act are hereby amended and renumbered
accordingly.
SECTION 12. Repealing Clause. All laws, executive orders, rules and regulations
inconsistent with or contrary to this Act are hereby deemed accordingly repealed or
amended.
SECTION 13. Separability Clause. If, for any reason, any section or provision of this
Act is declared unconstitutional or invalid, the other sections of provisions not affected
thereby shall remail in full force and effect.
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SECTION 14. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of national circulation.
Approved,
This Act which is a consolidation of House Bill No. 6410 and Senate Bill No. 3164 was
finally passed by the House of Representatives and the Senate on September 19, 2012.
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