Ordi-8-2012 (Investment Code) published

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EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BAYAN OF LINGAYEN, PANGASINAN HELD AT THE SESSION
HALL ON NOVEMBER 29, 2012.
PRESENT: COUNCILOR ORLANDO R. BARTOLOME - Temporary Presiding
Officer
Councilor Emmanuel Benedict C. Evangelista
Councilor Judy D. Vargas
Councilor Silverio V. Tapia, Jr.
Councilor Gilson Paul Leandro P. Vinluan
Councilor Ma. Andrea V. Meneses
Councilor Ramon N. Bataoil
Councilor Donald T. Gutierrez
Councilor Dionisio V. Flores, Jr. - ABC President
Councilor Rhale Evander N. Padilla - SK President
ABSENT : Vice Mayor Edith A. Hallare - (OB)
Authored by: Councilor Emmanuel Benedict C. Evangelista
ORDINANCE NO. 8, S-2012
AN ORDINANCE ENACTING THE LINGAYEN INVESTMENT CODE OF 2012
Be it enacted by the Sangguniang Bayan of Lingayen, Pangasinan in session assembled that:
CHAPTER I
TITLE AND DECLARATION OF POLICIES
SECTION 1. Title - This ordinance shall be known and cited as the ”LINGAYEN INVESTMENT CODE
OF 2012”.
SECTION 2. Declaration of Policies.
a. Lingayen shall enliven trade and commerce within the municipality by being more
aggressive and proactive in encouraging the influx of investments, both local and
foreign, for the development of the municipality as the business hub of Pangasinan
through incentive mechanisms for emerging and expanding enterprises.
b. Lingayen shall strive for a higher employment rate of its residents and generate
lucrative jobs by enticing businesses and proprietors to invest their capital in the
municipality
c.
The municipality recognizes the significance of providing a sound and stable business
climate to various preferred industries in order to ensure their longetivity.
d. The municipality recognizes that exemptions and other incentives should be given to
qualified start-up and/or expanding businesses in order to simplify the bureaucracy
and attract potential investors.
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 2
--------------------------------------e. The municipality recognizes that emerging industries and fresh establishments are
effective tools for attracting not only their fellow investors but tourists as well.
f.
The municipality recognizes that while offering these incentives would result to a
decrease of revenue in certain aspects, the long-term fiscal effect would more than
compensate the opportunity losses with the projected financial windfall.
g. Lingayen, through this ordinance, aims for holistic development by directly imparting
on the industrial milieu of the town as well as its labor and tourism sectors.
CHAPTER II
CREATION, COMPOSITION, MEETINGS, POWERS AND FUNCTIONS
OF THE LINGAYEN INVESTMENT BOARD
SECTION 3. The Lingayen Investment Board – There is hereby created a Lingayen Investment Board
(Board) to implement the provisions of this Code.
SECTION 4. Composition of the Board – The board shall be composed of the following:
Chairperson:
Chairperson, SB Committee on Trade, Commerce, and Industry
Vice-Chairperson:
Chairperson, SB Committee on Ways and Means
Members:
Chairperson, SB Committee on Tourism
Municipal Planning and Development Coordinator as the Secretary
Three (3) representatives from the private sector to be selected by the majority
quorum vote of the SB Committee on Trade, Commerce and Industry.
The membership of the Board may be increased via ordinance by the Sangguniang Bayan as it deems
necessary for the effective implementation of the provisions of this Code.
SECTION 5. Meeting and Quorum of the Board – The Board shall meet at least once every quarter or as
often as may be necessary to process applications. The presence of at least a majority of its members
shall constitute a quorum. The action of the Board shall be valid provided that there is a quorum.
SECTION 6. Powers and functions of the Board - The primary function of the board is to establish
favorable and stable policies for business that encourages and support investors in the operation of their
business activities consistent with the development plans in the Municipality. Pursuant to this, the board
shall be vested with the following powers:
a. To screen, review, evaluate, approve or disapprove application/investment plans of
prospective local/foreign business/entrepreneurs who would want to avail of the
incentives provided by this Code;
b. To closely monitor the performance of the approved local/foreign investments;
c.
To recommend to the Mayor to enter into agreement/contracts with other
government agencies or private organizations, that will provide any form of
assistance and or cause to expedite transactions and procedures in putting-up a
business in Lingayen;
d. To conduct hearing on issues concerning possible violations committed against any
provisions of this Code and likewise, invoke the proper sanctions/penalties such as
but not limited to reprimand, cancellation of license, withholding of benefits or
incentives to all violators of any of the terms and conditions stipulated in this Code;
e. To recommend and assist the Office of the Mayor and various departments of the
Government in identifying areas as suitable investments hubs;
f.
To create ad-hoc committees to handle specific tasks as may be required by the
Board such as but not limited to research/investigation/paralegal works, promotions
and public relations work, Quadra media campaign, propaganda and gimmicks;
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 3
--------------------------------------g. To recommend to the Sangguniang Bayan, amendments, revisions, or modifications
to the existing Investment Code, particularly being given to investors;
h. To promulgate, in coordination with the MLGOO, the Implementing Rules and
Regulations in the implementation of the Investment Code;
i.
To conduct an economic and technical research for the purpose of identifying priority
investment areas and or activities to be promoted, as well as appropriate incentive
and support measures, which should be extended to attract investors into these
areas and/or activities;
j.
To adopt a short and medium-term investment promotion program which shall
specify the list of priority investment areas and activities and corresponding
incentives and support measures to be used to attract targeted investors;
k.
To propose and recommend to the Sangguniang Bayan the necessary appropriations
or ways to secure additional funding from other sources for the operations of the
Board;
l.
to enlist the assistance of local government offices, national agencies and private
sector organizations, as may be necessary, useful and incidental to the effective and
efficient implementation of this Code;
m. To perform such other powers and functions as are necessary and incidental to the
exercise and performance of the aforesaid functions.
SECTION 7. Powers and Functions of the Chairman - The Chairman of the board shall have the following
powers and duties:
a. To preside over the regular and special meetings of the Board;
b. To render annual reports, and such special reports as may be requested, to the
Sangguniang Bayan and to the Municipal Mayor;
c.
To recommend to the Board such policies and measures he may deem necessary to
carry out the objectives of the Code;
d. To approve applications for the grant of fiscal incentives to qualified applicants in
accordance with policies set by the Board; and
e. Generally, to exercise such other powers and perform such other duties as may be
authorized by the board, from time to time.
SECTION 8. Powers and Functions of the Vice-Chairman- The Vice-chairman of the Board shall
have the following powers ad duties:
a. To preside over the regular and special meetings of the Board in the absent of the
Chairman;
b. To perform other duties of the Chairman in the absence of the latter, and such other
duties as maybe assigned to him by the Board.
CHAPTER III
DEFINITION OF TERMS
SECTION 9. Definition of Terms- For the purpose of these Rule and Regulations:
a. “BOARD” shall refer to the Lingayen Investment Board created under the Lingayen
Investment Code.
b. “CAPITALIZATION” shall mean the total project cost.
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 4
--------------------------------------c.
“CODE” shall refer to the Lingayen Investment Code of 2012.
d. “EXISTING
ESTABLISHMENTS/ENTERPRISES”
refer
to
those
establishment/enterprises whose places of operation or production are presently
located within the territorial jurisdiction of the Municipality of Lingayen.
e. “NEW INVESTORS/ENTERPRISE” refers to those who intend to venture into new
project/s in the municipality with interest in establishing their place of operation or
production within the territorial jurisdiction of Lingayen. For purposes of this Code,
this term shall include enterprises operating outside of Lingayen that are transferring
their operations or principal office to this municipality.
f.
"EXPANSION" shall refer to modernization and rehabilitation and shall mean the
increase of existing volume or value of production, the upgrading the quality of the
registered product, or the diversification of production or activity to those listed
under the preferred/priority areas of investment.
g. “PREFERRED/PRIORITY AREAS OF INVESTMENT” refer to the economic activities
cited under Section 10 of this ordinance and those areas which the Board may
subsequently recommend and approved by the Sangguniang Bayan through
ordinance.
h. "REGISTERED ENTERPRISE" shall mean any individual, partnership, cooperative,
corporation or other entity incorporated and/or organized and existing under
Philippine laws; and registered with the Board in accordance with this Code:
PROVIDED, however, That the term "registered enterprise" shall not include
commercial banks, savings and mortgage banks, rural banks, savings and loan
associations, building and loan associations, developmental banks, trust companies,
investment banks, finance companies, brokers and dealers in securities, consumers
cooperatives and credit unions, and other business organizations whose principal
purpose or principal source of income is to receive deposits, lend or borrow money,
buy and sell or otherwise deal, trade or invest in common or preferred stocks,
debentures, bonds or other marketable instruments generally recognized as
securities, or discharge other similar intermediary, trust of fiduciary functions.
i.
“LOCAL PERSONNEL/WORKER” refers to those workers or personnel who are
residents of Lingayen for at least six (6) months wherein proof of residency is the
presentation of a Barangay Clearance from the Barangay where he/she resides.
CHAPTER IV
PREFERRED PRIORITY INVESTMENT AREAS/ACTIVITIES AND APPROPRIATE
INCENTIVES AND SUPPORT MEASURES
SECTION 10. Preferred/Priority Investment Areas - Incentives shall be provided to new
expanding enterprises in the following Preferred Priority Investment areas, to wit:
a. Agri-business Sectors such as but not limited to:
i.
Vacuum, Dehydrated and Spray-dried Fruit Processing;
ii.
Canned Specialty Vegetables;
iii.
Extruded Snack Food;
iv.
Textile Production
v.
Organic fertilizer production
vi.
Certified Seed Production
vii.
Post Harvest Facilities
viii.
Common Bonded Warehouses
b. Tourism facilities such as but not limited to:
i.
Resorts and Hotels
ii.
Theme Parks
iii.
Restaurants
iv.
Port Infrastructure
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 5
--------------------------------------c.
Miscellaneous Light Manufacturing Activities as such but not limited to:
i.
Garments;
ii.
Footwear;
iii.
Bulky House wares;
iv.
Toys
d. Property Development such as but not limited to;
i.
Private Industrial Estates;
ii.
Commercial/Office Buildings;
iii.
Subdivisions and Condominiums
iv.
Convention Center establishment
e. Telecommunications
f.
Environmental Protection and Enhancement Projects
g. Establishment of Medical, Education and Sport Facilities
h. Establishment of IT-outsourcing service facilities for medical transcription, legal
transcription, graphic designs, systems development and other IT allied services as
to be determined under the succeeding section.
SECTION 11. Determination of Additional Investment Area- the Board may recommend to the
Sangguniang Bayan additional investment areas for inclusion in the list of priority investment areas,
which upon due deliberation and approval through ordinance, shall then be adopted for implementation
as an amendment to the Lingayen Investment Code.
Basis for inclusion of investment areas are:
a. It must generate high levels of employment;
b. It must feature a high degree of value-added;
c. It must be in consonance with the Municipality’s plans and programs
d. It must create linkages with local industries and/or foreign industries
e. It must not have deleterious effect on the environment
SECTION 12. Appropriate Incentives and Support Measures- The Board shall identify additional
incentives and support measures which, upon approval by the Sangguniang Bayan through ordinance
amending this Code, shall be extended to registered enterprise
SECTION 13. Effectivity of Appropriate Incentives and support Measures- The Board shall review the
package of appropriate incentives and support measures and the investment areas or activities, every (2)
years and it shall recommend to the Sangguniang Bayan to remove such incentives and support when:
a. It deems that sufficient investment in the area or activity have been attained and
where continued extension of incentives or support measures for the expansion of
said areas or activities may place the interest of the municipality and the public in
adverse position.
b. Such area or activity in the municipality cannot attract investors within reasonable
time and cost, which may result in unfavorable business climate.
CHAPTER V
REGISTRATION OF ENTERPRISES
SECTION 14. Qualifications of a New Enterprise - A New Enterprise which intends to avail of the
incentives provided for in this Code, must meet the following qualifications;
a. The new business enterprise must have complied with all the requirements
mandated under existing local and national laws and the Constitution by and through
presentation of certificates of registration issued by either the Securities and
Exchange Commission (SEC), Department of Trade and Industry (DTI), or
Cooperative Development Authority (CDA), and other national government
accrediting agencies, as the case may be;
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 6
--------------------------------------b. The prospective investor’s place of operation or production must be located within
the territorial jurisdiction of the municipality;
c.
The
primary
purpose
of
the
investment
“preferred/priority areas of improvement’;
must
be
among
the
approved
d. The investment must provide employment among bonafide residents of Lingayen;
e. The new enterprise must have a capitalization of
i.
At least One (1) Million Pesos but not more than Ten (10) Million
Pesos in case of a small-scale enterprise;
ii.
Over Ten (10) Million Pesos but not more than thirty (30) Million
Pesos in case of a medium-scale enterprise; and
iii.
Over Thirty (30) Million Pesos, in case of a large-scale
enterprise.
f.
The new enterprise must provide direct regular employment of:
i.
Not less than Ten (10) local personnel/workers, in case of a
small scale enterprise;
ii.
At least twenty (20) local personnel/workers, in case of a
medium scale enterprise; and
iii.
At least Forty (40) local personnel/workers, in case of a large
scale enterprise.
SECTION 15. Qualifications of an Existing Enterprise a. The business enterprise must have complied with all the requirements mandated
under existing local and national laws and the Constitution by and through
presentation of certificates of registration issued by either the Securities and
Exchange Commission (SEC), Department of Trade and Industry (DTI), or
Cooperative Development Authority (CDA), and other national government
accrediting agencies, as the case may be
b. The prospective investor’s place of operation or production must be located within
the territorial jurisdiction of the municipality;
c.
The existing enterprise shall undertake expansion projects or construct new buildings
and civil works for the installation of new machinery and equipment or,
improvements thereof which will result in an increase in production capacity or for
diversification purposes;
d. That the enterprise with its expansion shall have a total capitalization of:
i.
At least One (1) Million Pesos but not more than Ten (10) Million
Pesos in case of a small-scale enterprise;
ii.
Over Ten (10) Million Pesos but not more than thirty (30) Million
Pesos in case of a medium-scale enterprise; and
iii.
Over Thirty (30) Million Pesos, in case of a large scale enterprise.
e. That the enterprise with its expansion must provide direct regular employment of:
i.
Not less than Ten (10) local personnel/workers, in case of a
small scale enterprise;
ii.
At least twenty (20) local personnel/workers, in case of a
medium scale enterprise; and
iii.
At least Forty (40) local personnel/workers, in case of a large
enterprise.
f.
An enterprise which has benefited from Section 14 of this Code as a new enterprise
shall not be allowed to claim the benefits under this section unless the enterprise
moves up the classification of industry scale by infusing additional capital and by the
direct regular employment of local personnel/workers.
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 7
--------------------------------------g. An enterprise cannot apply for multiple benefits under this Section by moving up and
down the classification of industry scale for various years;
SECTION 16. Application Process –
a. Application must be filed with the Economic Researcher which shall be recorded in
the registration book. The date of entry shall be stamped on the application and shall
be considered as the date of official acceptance. The economic researcher shall
evaluate the documents and advise the applicant of any deficiency in the
requirements. The accepted application shall be deemed submitted for approval upon
completion of the documentary requirements to the Economic Researcher.
b. Application for incentives shall be acted upon by the Economic Researcher within
fifteen (15) working days from acceptance of the application. If within fifteen
working days, the documentary requirements have not been completed, the
Economic Researcher shall reject the application. If the documentary requirements
have been complied with within the period, the application shall be deemed
submitted for approval and the form together with its attachments shall be
forwarded to the Board for approval. Failure to forward the application to the Board
despite completion of the documentary requirements shall not toll the running of the
period stated in the immediately succeeding paragraph and shall be a ground for
administrative liability.
c.
Once the application is deemed submitted for approval, the Board shall have thirty
(30) working days to approve or deny the application. Failure of the Board to act on
the application within the period shall amount to an approval. In case an action was
taken by the Board, the decision approving or denying the application shall be
communicated to the applicant within fifteen (15) working days. Government
agencies concerned shall likewise be informed of any approval made by the Board.
d. Enterprises whose applications have been denied shall not be barred to reapply and
undergo the same procedure.
SECTION 17. Required Documents for Registration Three (3) copies of accomplished application form shall be secured from and submitted to the Economic
Researcher with the following attachments:
a. For Proprietorships
A copy of the project study of the proposed investment indicating
the financial and socio-economic impact of the project, specifically
the influx of capital and employment opportunities created;
ii. A certified true copy of its Certificate of Business Name Registration
from the Department of Trade and Industry.
iii. A copy of the enterprise’s financial statement
i.
b. For Partnership and Corporations
A copy of the project study of the proposed investment indicating
the financial and socio-economic impact of the project, specifically
the influx of capital and employment opportunities created;
ii. A copy of the Articles of Partnership/Incorporation and by-laws
approved by the Securities and Exchange Commission;
iii. Authority from the board of directors or trustees, as the case may
be, to file the application
i.
c. For Cooperatives
A copy of the project study of the proposed investment indicating
the financial and socio-economic impact of the project, specifically
the influx of capital and employment opportunities created;
ii. A copy of the Certificate of Registration from the Cooperative
Development Authority
iii. Authority from the board of directors or trustees to file the
application
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 8
--------------------------------------SECTION 18. Certificate of Registration – A registered enterprise under the Code shall be issued a
Certificate of Registration with the signature of the Chairman of the Board and/or such other officer as
the Board may empower and designate for the purpose. The Certificate shall be on such form and style
as the Board may determine and shall state, among other matters, the name of the enterprise, the
preferred/priority area of investment to be engaged in, and the terms and conditions to be observed by
the registered enterprise by virtue of registration.
CHAPTER VI
RIGHTS AND PRIVILEGES OF REGISTERED ENTERPRISES
SECTION 19. Rights and Privileges Guaranteed by the Lingayen Municipal Government - All enterprises
registered under the Code are entitled to the rights and guarantees provided by law and the
Constitution, and as such, in Municipality of Lingayen thru the Board shall:
a. Provide concise and comprehensive information to prospective investor on the
economic priorities of the local government, including target investment areas and
the general conditions applicable to incoming direct private investments;
b. Communicate investment evaluation criteria and procedures through various
publications to enhance transparency in the process of granting local government
incentives;
c. Take the fullest possible account of the need of the investors for stability growth and
profit on their operations, in the formulation and modification of policies and
ordinances that effect investments;
d. Not interfere or modify arrangements with the investor after the details the
implementation of an investment project has been approved and accepted, and the
ownership and management structure of the enterprise has been established unless
the law provides otherwise;
e. Avoid undue distortion of competition between or among enterprises operating
within its territorial jurisdiction, whether domestic or foreign, without granting any
Special exemptions or incentives aimed at encouraging investment in the identified
targets areas;
f. In accordance with the law and where no local personnel or workers qualified or
capable and available, allow the employment of qualified foreign personnel where
there is a necessary, for the efficient operation of enterprise or technology transfer;
and
g. Resolve all doubts concerning the benefits and incentives granted under the
ordinances enacted for the purpose of encouraging investments, in favor of the
investor.
CHAPTER VI
INCENTIVES TO REGISTERED ENTERPRISES
SECTION 20. Cost of Application – There shall be no application fee and any application to be a
registered enterprise shall be free of charge.
SECTION 21. Incentives to Registered Enterprises – In addition to the incentives to be provided by the
National Government and by laws or ordinances covering the territorial jurisdiction of Lingayen, an
enterprise registered under this Code shall be fully exempted from the payment of:
a. Building permit fees and charges
b. Mayor’s permit
c. Business sales tax imposed by the municipality
SECTION 22. Period of Exemption – the benefits under Sec. 21 (b) and (c) shall be available to the
registered enterprise for the following periods:
a. One (1) year for a small-scale enterprise
b. Two (2) years for a medium-scale enterprise
c. Three (3) years for a large-scale enterprise
SECTION 23. Additional Incentives – the Sangguniang Bayan motu proprio or upon recommendation by
the Board may amend this Code to include additional incentives or to extend the period of those
provided.
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 9
---------------------------------------
CHAPTER VII
MONITORING AND ENFORCEMENT
SECTION 24. Visitorial Power of the Board - The Board, or any duly authorized member thereof, is
hereby empowered and authorized to conduct an ocular inspection of the premises of the registered
enterprise, including the records and their books during office hours, for verification whether there is
strict compliance with the provisions of the Code.
SECTION 25. Submission of Reports and Other Documents - Every registered enterprise shall, for each
preferred/priority area of investments, submit to the Board through the Economic Researcher the
following reports and/or documents within time herein prescribed.
a. Amendments of Articles of Incorporation or By Laws, Article of Partnership of
Cooperation, within thirty (30) calendar days from the date of submission of
amendments with the Securities and Exchange Commission or Cooperative
Development Authority;
b. Change of Directors within thirty (30) calendar days from the change;
c. Quarterly report on the direct regular employment local personnel/workers within
thirty (30) calendar days from the end of each quarter;
d. Quarterly report on the enterprise’s business operations, including the volume of
production or gross sales receipts, within thirty (30) calendar days from the end of
each quarter;
e. Audited Annual Financial Statements, within thirty (30) calendar days after its
submission to the Bureau of Internal Revenue (BIR); and
f. Report on total local incentives availed of under the Code.
SECTION 26. Sanctions For Late Submission and Non-Submission Of Reportorial Requirements - For late
submission of the reportorial requirements, every registered enterprise shall be fined fifty pesos Php
50.00 per day for each violation; PROVIDED that failure to comply with the reportorial requirements
within thirty (30) days from the given deadline shall cause the automatic termination of the violator’s
registration under this Code; PROVIDED FINALLY that the sanctions herein is without prejudice to the
application of penalties under the immediately succeeding section.
SECTION 27. Penal Clause - The Certificate of Registration of Business Enterprise, as provided in the
Code and these Rules, may be cancelled or revoked due to the following:
a. Violation of the Provisions of the Code and its implementing Rules;
b. Violation of existing local and national laws, ordinances, rules and regulations;
c. Failure to commence actual project development within one (1) year from approval
of registration.
Cancellation or revocation of the certificate of registration shall mean the withdrawal of all the incentives
granted under the Code; and all fees and charges previously exempted shall become due and
demandable. The Board may cancel or revoke the Certificate of Registration of the concerned business
enterprise through a formal written notice to that effect, shall become effective fifteen (15) days from
receipt thereof.
SECTION 28. Appeal- The applicant adversely affected by any decision may, within fifteen (15) days
from the receipt of such decision, appeal the same to the Board, whose decision shall be final and
executory.
CHAPTER VIII
DELEGATED FUNCTIONS
SECTION 29. Economic Researcher – Subject to the availability of funds, there shall be created a
position designated as Economic Researcher. The position shall be under the office of the MPDC.
SECTION 30. Powers and Duties of the Economic Researcher – the researcher, under the supervision of
the MPDC, shall perform the following duties:
a. Accept, process, and evaluate applications for registration of enterprises and forward
the same to the Board for final action together with recommendations;
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 10
----------------------------------------b. Collate, analyze, and compile pertinent data and information, and conduct studies
concerning areas that have been or may be declared as preferred/priority areas of
investments by the Board. Information management shall include:
i.
Date generation and processing;
ii. Data storage and retrieval; and
iii. On-time information delivery to investors
c.
Recommend to the Board any modification/amendments to existing procedure on the
processing of applications;
d. Review existing incentives and prepare recommendations for its improvement;
e. Submit annual reports to the Board about the activities relative to the
implementation of the code within sixty (60) days after the close of each calendar
year;
f.
Perform such other functions that are necessary and incidental to the effective
implementation of this Code.
SECTION 31. Additional Functions of the MPDC – In addition to the functions of the MPDC under
existing laws, the office shall also be tasked to perform the following:
a. Prepare the agenda for meetings of the Board
b. Provide the necessary support services to investors as guaranteed under the Code;
c.
Conduct promotional activities that will directly influence influx of trade and tourism,
such as:
i.
ii.
iii.
iv.
v.
Trade and Investment seminars
Direct investment marketing
Trade fairs and exhibits
Investment briefing/orientations
Setting-up of a showroom/exhibition areas
d. Establish and maintain networking relations with other offices and agencies
whenever appropriate and necessary;
e. Prepare project profiles, pre-investment studies, viability and feasibility industry
profiles and situationer.
CHAPTER IX
APPROPRIATIONS
SECTION 32. Appropriations- To defray the expenses for personal services (P.S.), monthly operating
and overhead expenses (MOOE) and Capital/Equipment Outlay necessary for the implementation of the
provision of this Ordinance, funds shall be sourced-out thru the general Fund and/from the 20% Annual
Development Fund.
CHAPTER X
FINAL PROVISIONS
SECTION 33. Implementing Rules and Regulations – The Board, in coordination with the MLGOO shall
formulate Implementing Rules and regulations necessary for the efficient and effective Implementation of
any and all provisions of this Code.
SECTION 34. Separability Clause- The provisions of these Rules are hereby declared to be separable,
and in the event that one or more of the provisions hereof are held illegal or unconstitutional, the validity
of the other provisions shall not be affected thereby.
SECTION 35. Repealing Clause- Ordinances, Executive Order and other local legislation inconsistent with
this Ordinance are hereby modified or repealed accordingly.
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ORDINANCE NO. 8, S-2012
November 29, 2012 – page 11
-----------------------------------------
SECTION 36. Effectivity- This Ordinance shall take effect immediately upon approval.
UNANIMOUSLY ENACTED. NOVEMBER 29, 2012.
ATTESTED:
GENARO L. VALENCERINA, JR.
Secretary to the Sanggunian
CERTIFIED CORRECT:
ORLANDO R. BARTOLOME
Councilor/Temporary Presiding Officer
EMMANUEL BENEDICT C. EVANGELISTA
Councilor
JUDY D. VARGAS
Councilor
SILVERIO V. TAPIA, JR.
Councilor
GILSON PAUL LEANDRO P. VINLUAN
Councilor
MA. ANDREA V. MENESES
Councilor
RAMON N. BATAOIL
Councilor
DONALD T. GUTIERREZ
Councilor
DIONISIO V. FLORES, JR.
ABC President
RHALE EVANDER N. PADILLA
SK President
APPROVED:
ERNESTO “JONAS” C. CASTAÑEDA, JR.
Municipal Mayor
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