MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ ADMINISTRATIVE ORDER NO. 11, November 24, 2023 ]
AMENDING ADMINISTRATIVE ORDER NO. 18 (S. 2019) BY ALLOWING THE PROCESSING AND EVALUATION OF APPLICATIONS FOR THE ESTABLISHMENT OF SPECIAL ECONOMIC ZONES IN METRO MANILA UNDER CERTAIN CONDITIONS
WHEREAS, Republic Act (RA) No. 7916 or the "Special Economic Zone Act of 1995," as amended by RA No. 8748, established the legal framework and mechanism for the integration, coordination, planning and monitoring of special economic zones (ecozones), and created the Philippine Economic Zone Authority (PEZA) to review and endorse proposals for the establishment of ecozones to the President;
WHEREAS, Administrative Order (AO) No. 18 (s. 2019) imposed a moratorium on the processing of applications for ecozones in Metro Manila to promote rural development, ensure inclusive growth in the countryside, and create robust economic activity and wealth generation in areas outside Metro Manila;
WHEREAS, the services sector, which includes information and communications, continues to be a reliable source of economic activity in the country, and with Metro Manila registering the biggest share in the services sector;
WHEREAS, Section 3 in relation with Section 4, Rule IV of the Implementing Rules and Regulations (IRR) of RA No. 7917 provides that, upon submission of all the requirements for Pre-Qualification Clearance for endorsement of a proposed ecozone for Presidential proclamation, the PEZA shall evaluate the application for ecozone development, and if found viable in its technical, financial, marketing and management aspects, the PEZA Board shall recommend to the President the issuance of a proclamation delineating the metes and bounds of the ecozone;
WHEREAS, allowing the processing and evaluation of application for ecozones in Metro Manila that have successfully been issued a Pre-Qualification Clearance by the PEZA Board prior to the implementation of the moratorium under AO No. 18 will have a positive impact on job creation and will further strengthen Metro Manila's position as a leading information and communications technology hub in the country;
WHEREAS, the Administration's 8-Point Socioeconomic Agenda aims to bolster employment opportunities for the Filipino people through the promotion of investments that boost productivity; and
WHEREAS, Section 17, Article VII of the Constitution provides that the President shall have control of all the executive departments, bureaus, and offices; and
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Republic of the Philippines, by the virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Continued Moratorium under AO No. 18. The moratorium on the processing of applications for the establishment of ecozones in Metro Manila under Section 2 of AO No. 18 shall continue to be in effect.
Section 2. Amendment to Section 3 of AO No. 18. All applications for ecozones which have been exluded under the provisions of Sections 2 and 3 of AO No. 18, but have already been issued the pertinent Pre-Qualification Clearances by the PEZA Board pursuant to the IRR of RA No. 7916 prior to the effectivity date of the moratorium under AO No. 18 (covered applications), shall be allowed to resubmit their applications, subject to the following conditions:
a. Within a non-extendible period of ten (10) working days from the effectivity of this Order, the PEZA shall submit to the Office of the President (OP), through the Office of the Executive Secretary, a Board Resolution certifying the Masterlist of covered applications under the immediately preceding paragraph. For this purpose, the PEZA shall submit, along with the said Board Resolution and Masterlist, certified true copies of the pertinent Pre-Qualification Clearances issued by the PEZA Board to the developers/project proponents concerned and the minutes of the meeting when the same were approved by the Board;
b. Only those included in the Masterlist shall have the option to resubmit their applications for ecozones, provided that they undergo anew the pre-qualification process of the PEZA pursuant to the IRR of RA No. 7916. For this purpose, all required national or local licenses, clearances, permits, certifications or authorizations that have already expired shall have to be renewed in accordance with pertinent laws, rules and regulations; and
c. The inclusion in the masterlist or the acceptance, processing, and/or evaluation of applications by PEZA and thereafter, by the OP, shall by no means constitute as a guarantee that such applications shall be approved and subsequently proclaimed as ecozones.
This Order does not establish or provide any legal or equitable rights or advantages to any individual or entity enforceable against the National Government, including its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Section 3. Implementing Guidelines. The The PEZA Board shall formulate the Guidelines necessary to effectively implement this Order.1aшphi1
Section 4. Separability. If any provision of this Order is declared unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.
Section 5. Repeal. Section 3 of AO No. 18 is hereby amended. Unaffected provisions of AO No. 18 shall remain in full force and effect. All other issuances, orders, rules and regulations, or parts thereof that are inconsistent with this Order, are hereby repealed, amendment or modified accordingly.
Section 6. Effectivity. This Order shall take effect immediately after its publication in a newspaper of general circulation.
DONE in the City of Manila, this 24th day of November, in the year of Our Lord, Two Thousand and Twenty-Three.
(Sgd.) FERDINAND R. MARCOS, JR
By the President:
(Sgd.) LUCAS P. BERSAMIN
Executive Secretary
The Lawphil Project - Arellano Law Foundation
