J 1 08 - Parañaqueor association wholly owned by citizens of the Philippines or a corporation...

REP JGUOF

THE PHILIPPINES SAIANG PANLUNGS79D

oF PARA1JAQUE \ 7th Council

ORDINANCE NO. J 1 - 08 Series of 2016

)

PROPONENT: COUN.VINCENT KENNETH M. FAVIS CO- PROPONENTS: COUN. EDWIN R. BENZON

COUN. MERLIE S. ANTIPUESTO COUN. RICARDO L. BAES, JR. COUN. JOAN A. VILLAFUERTE COUN. MARITESS B. DE ASIS COUN. BRILLANTE V. INCIONG COUN. JACQUELINE BUSTAMANTE-MENDOZA COUN. JOSE MARIA G. YLLANA COUN. ROSELLE NAVA-TAN COUN. VICTOR ERIKO M.SOTTO COUN. PABLO C. GABRIEL COUN. JOHN RYAN G. YLLANA LIGA PRES. CHRISTOPHER V. AGUILAR

AN ORDINANCE ESTABLISHING THE PARARAQUE CITY INVEST NT AND INCENTIVES CODE, CREATING THE PARARAQUE CITY ECONOMIC DEVELOPMENT AND INVESTMENT BOARD AND FOR OTHER PURPOSES

WHEREAS, the Local Government Code of the Philippines empowers the local government units to grant tax exemptions, incentives or reliefs to encourage investment for economic growth and progress;

)

WHEREAS, there is a need to grant investment incentives to qualified enterprises in the City of Parañaque to improve and develop the City's investment climate and attract both foreign and local investors in business and industry;

WHEREAS, the City of Paranaque is one of the fast-rising business district in the Southern part of Metro Manila;

WHEREAS, the City of Paranaque is blessed with natural resources, excellent manpower services that caters good opportunities for both local and foreign investors;

WHEREAS, the strategic location of the City of Paraflaque being highly urbanized city in Metro Manila is ideal and suitable for investment and development;

WHEREAS, the City of Paraflaque recognizes the strategic importance and collaboration with the private sector in the pursuit of its goals, and recognizes that this partnership can best be cultivated by creating conditions conducive to the growth and competitiveness of this sector;

WHEREAS, one of the thrusts of the local government units is to pursue economic growth as an effective solution to alleviate property.

NOW, THEREFORE:

BE IT ORDAINED, AS IT IS HEREBY ORDAINED by the in a session assembled that:

FJJ1

0 8 Ordinance No. - Series of 2016— AN ORDINANCE:

THE CITY OF PARA11AQUE

DEVELOPMENT INVESTMENT AND INCENTIVE

CHAPTER I PRELIMINARY PROVISIONS

Section 1. Title - This ordinance shall be known as "AN ORDINANCE ESTABLISHING THE PARAAQUE CITY INVESTMENT AND INCENTIVE CODE, CREATING THE PARARAQUE CITY ECONOMIC DEVELOPMENT AND INVESTMENT BOARD AND FOR OTHER PURPOSES"

Section 2. Legal Basis - The following are the legal basis of the establishment of the City of Parañaque Economic Development Investment and Incentive Code to wit:

a. Paragraph 2 of article 10 of the 1987 Philippine Constitution states that, " The territorial and political subdivision shall enjoy local autonomy".

b. Section 109, Paragraph 4, Title VI, Book I of Republic Act 7160 otherwise known as the 1991 Local Government Code provides, "The City Development Council shall exercise functions to formulate local investment incentives to promote the inflow and direction of private investment capital".

Section 192, Chapter 5, Book II of Republic Act 7160 otherwise known as the 1991 Local Government Code provides," Local Government units may through ordinances duly approved, grant tax exemptions, incentives or reliefs under such terms and conditions as they may deem necessary".

CHAPTER II DECLARATION OF POLICY

Section 1. Declaration of Policy - It is the policy of the City Government of Paranaque to:

a. Encourage the participation, expansion, modernization and ingress of various medium and large enterprises, business or entities which are commercial or industrial in nature as well as those service oriented entities through the grant of appropriate and applicable incenti packages;

b. Create a business friendly oriented environment that grants both fiscal and non- fiscal incentives to qualified entities;

c. Allow foreign or local investments and developments that aims for sustainable social and economic development for the City of Paranaque;

d. Support the private sectors through the initiation of the following methodologies of socio-economic participation but not limited to Public-Private Partnership Program, Corporate Social Responsibility Projects, Socio-Economic Enterprises, Cooperativism and Small and - Medium Scale Enterprises;

e. Enhance the achievement of the City's socio-economic development goals as stated in its Comprehensive Development Plan, Comprehensive Land Use Plan, Local Zoning Ordinance, Tourism Development Plan, Local Public - Private Partnership Ordinance and other similar development planning documents of the City of Parañaque.

CHAPTER III SCOPE, NATURE AND PURPOSES

The City of Paraflaque Economic Development Investment and Incentive Code (CPEDIIC) shall be applicable to all investments made in the City of Parafiaque that pertains to domestic and foreign and local investments and all other direct investments therein.

The City of Paraflaque Economic Development Investment and Incentive Code shall be subject to the standards, rules and regulations set forth by the Philippine Omnibus Investment Code as well as the existing rules and regulations promulgated by the Department of Trade and Industry (DTI), Department of Tourism (DOT), must conform with the Foreign Investment Act, Retail Trade Liberazation Act, Republic Act 6977 as amended by Republic Act 8289 and further amended by Republic t501 otherwise known as the Magna Carta for Micro, Small and Medium Enterprises, Republ ct 7)16 otherwise known as the Special Economic Zone Act, Republic Act 9553 otherwise known as he

TO'

Act of 2009 and other similar and related laws. J

08 Ordinance No. - Series of 2016— AN ORDINANCE ENACTING THE OF PARAJAQUE ECON9MIC DEVELOPMENT INVESTMENT AND INCENTIVE CODE 4

Provided that this Code shall advance the policy and implem,fIting guidelines for the programming and prioritization of the City of Parafiaque development programs and projects as reflected in its Comprehensive Development Plan, Comprehensive Land Use Plan, Local Zoning Ordinance, Tourism Development Plan, Local Public-Private Partnership Ordinance and it must harmonize with the mandates of national development policies, plans and programs such as the Public-Private Program (PPP), the National Investments Incentive Code, The Medium Term Philippines Development Plan and the Philippines Development Plan and the Philippine Economic Zone Authority (PEZA).

Specifically, the City of Parafiaque Economic Development Investment and Incentive Code aims the following:

G~~

a. Provide the guidelines and procedures for the availment of the local incentives; b. To harmonize the national and local investment policies; c. To define and promote the Investment Priority Areas (IPAs) of the City of Parañaque

through the granting of local incentives consistent with the National Investment Priorities (IPP) and the City of Paranaque Comprehensive Development Plan, Comprehensive Land Use Plan, Local Zoning Ordinance, Tourism Development Plan and the Local Public —Private Partnership Ordinance;

d. To establish Investment Promotion Centers that will implement then investment promotion or diversification;

e. To attract investors that will catalyze and accelerate economic activity, generate and promote local employment as well as income opportunities for the city;

f. To unfold the Development of Medium and Small Scale Enterprises, utilize the local resources and develop markets for local local products as well as ignite the ingenuity of the entrepreneurs and other stake holders on: Biodiversity-Friendly Businesses";

g. To revive and accelerate the growth of local industries within the City of Paraflaque; h. To disperse and direct industry and commercial activities in less developed areas; i. To encouraged and broaden concept of Public-Private Partnership in Socio, bio-

environmental friendly and climate-resilient local development.

CHAPTER IV 1J DEFINITION OF TERMS

For purposes of this ordinance, the following terms shall be defined as follows:

a. PC-EDIB - refers to the Paranaque City Economic Development Investment Board; b. Foreign Investment - shall mean equity investment made by a non-Philippine

national in the form of exchange and or assets actually transferred to the Philippines and duly registered with the Bangko Sentral ng Pilipinas which shall assess and appraise the value of such assets other than foreign exchange;

c. Expansion - shall include modernization and rehabilitation or increase in the existing volume or value of production or the upgrading of the quality of the registered product or the utilization of inefficient or idle equipment under such guideline as the PC-EDIB may adopt;

d. Diversification - shall refer to venturing out to another field of business existing industry; \

e. Biodiversity Friendly Business - those business or industries that are environment friendly that are directly or indirectly aimed to protect the natural resources of the city; Foreign Loans - shall refer any credit facility of financial assistanceO

orequity

investments denominated and payable in foreign currency or where has

JD the option to demand payment in foreign exchange and registered angko Sentral ng Pilipinas and the Board of Investments;

k-A

'Page4 17-08 Ordinance No. Series of 2016— DEVELOPMENT INVESTMENT

)INANCE ENACTING THE CITY OF PARA1AQUE ECONOMIC CENTIVE CODE p /

g. PPP - shall refer to the Public - Private Partnership Program; ,./' h. BOI - shall refer to Bureau of Investments under the Omnibus Investment Code; i. Net - Value Added -. refers to the value of the final product/services less the value of

inputs. The project's net value added should be at least 25% except for projects dependent on imported raw materials/supplies;

j. New Project - refers to a project / activity listed in the IPAs that has not started commercial operation undertaken by a newly organized enterprise or an existing enterprise that shall engage in an entirely distinct and different activity from its existing business operations or the same activity provided it shall established a new facility in an area not contiguous to the premises of its existing project and with new investments;

k. Philippine National - shall mean a citizen of the Philippines or a domestic partnership or association wholly owned by citizens of the Philippines or a corporation organized under the laws of the Philippines of which at least sixty percent (60%) of the capital stock outstanding and entitled to vote is owned and held by citizens of the Philippines;

I. Code- it shall refer to the Paranaque City Economic Development Investment and Incentive Code.

CHAPTER V PARAIAQUE ECONOMIC DEVELOPMENT

AND INVESTMENT BOARD

The Parañaque City Economic Development and Investment Board as created under Ordinance 15-07 referred to as the PC-EDIB, and All officers, members and technical working Group thereof shall receive per diem for every meeting actually attended subject to existing budgeting, accounting and auditing laws, rules and regulations on compensation, honoraria and allowances.

CHAPTER VI LOCAL ECONOMIC INVESTMENT

PROMOTION OFFICE

Section 1. Local Economic Investment Promotions Office (LEIPO) - There shall be a Local Economic Investment Promotions Office, headed by the Investment Promotions head to be ' appointed by the City Mayor as Chairperson of the PC-EDIB. The LEIPO Head shall report directly to the PC-EDIB. The LEIPO shall have Operations, Promotions and Marketing, and Support Services Staff manned by the number of personnel necessary to fulfill its mandate, provided that the compensation of such personnel are within the capacity of the Office's allocated budget; provided further, that any increase in personnel shall be approved by the PC-EDIB.

The LEIPO shall be the implementing arm of the City of Parafiaque conomi Development Incentives Code. It shall also function as the Technical Secretariat of the PC-EDIB. Likewise, it shall coordinate the drafting of the City of Parafiaque Investment Priorities Plan, which shall be based primarily on the development agenda set forth by the as embodied in its various policy documents, also taking into consideration the on c deve)opment plans and policies outlined by the various national government agenci e

shall ensure compliance with IPP, and monitor and evaluate its effectiveness.

'\ Section 2. Working Force of the LEIPO - The PC-EDIB appoints the head of the LEIPO who may be the Local Economic and Investment Promotion Officer in accordance with DILG Memorandum Circular (MC) 2010-113 on the designation of Local Economic and Içstments Promotion Officers (LEIPOs/Investments Promotion Officer (IPOIPPDO). All oth r fkrs or staff of the LEIPO shall be subject to the appointment of the PC-EDIB in accord cc 'vitlkDILG Rules and Regulations and or applicable civil service laws as the case maybe. J

08 kIN

Ordinance No. Series of 2016— AANCE ENACTING THE CITY OF PARA1AQ1JE ECONOMI DEVELOPMENT INVESTMENT ANNTIVE CODE

Section 3. Qualifications of the LEIPO Head - The Head of LEIPO~shall have the rank of City Government Department Head II ( Salary Grade 26). The LEIPO Head shall have the following qualification;

a. Filipino citizen, a bona fide resident of the City of Paraflaque and of good moral

character; Q!~ b. A holder of a college degree, preferably in Marketing! Management and Law; c. A Professional Civil Service Eligible or its equivalent and d. At least ten (10) year professional experience at the managerial level in the field of

Economics, Finance or Marketing/Management or Law.

Section 4. Functions, Duties and Responsibilities - The LEIPO shall have the corresponding functions, duties and responsibilities, to wit:

A. Operations

1. Formulate annual and medium-term plans for Medium and large Enterprises (MLE) development.

2. Prepare investment opportunity profiles, including but not limited to industry profiles, projects profiles and viability/ feasibility studies;

3. Identify support investment activities, such as but not limited to trade agreements with other LGUs for sourcing of a raw materials; cooperation agreements with other government entities to facilitate investor transactions; and Public-Private Partnership (PPP) arrangements;

4. Monitor the performance investments; 5. Coordinate and monitor policies, program and activities relative to MLEs of

all national and local government agencies; 6. Continuously review the local investment climate and incentives program in

order to recommend improvements; 7. Provide advisory and other support services to new investors to facilitate their

investment; 8. Provide advisory and other support services to established investors t

promote investment retention and/or investment expansion;

GA 9. Prepare presentations and materials for PC-EDIB when meeting MLEs; 10. Advised qualified investors on the preparation of their application for

incentive packages.

B. Promotions and Marketing

1. Promote and Market City of Parafiaque as an attractive investment/busis 2-destination;

2. Identify key investment opportunities from among those provided by the operations unit to be highlighted in promotions and marketing efforts;

3. Disseminate information about such to potential investors through trade mission, trade fairs and exhibits for a seminars, briefing/orientation, etc;

4. Prepare investment promotion materials (I.e. presentation of industry and project profiles; competitive analyses vis a vis other LGUs; competitive advantages of Parafiaque City, other general business information;

5. Develop and implement retention/expansion strategies for existing investq. \ C. Support Services

1. Provide facilities services to investors, which shall include following requirements:

a. Registration requirements of the Securities and Commission (SEC), Department of Trade an or Cooperative Development Authority (Cf maybe;

b. Obtaining of Barangay Clearance! Certificati

assistance in the

dry (DTI) hagt\the case

• 1108 Ordinance No. Series of 2016t DEVELOPMENT INVESTMENT

ENACTING THE CITY OF PARA1AQUE ECONOMIC CODE A I le

c. Securing of Locational Clearancp d. Securing of Fire Safety Inspection Certificate (FSIC); e. Processing of Mayor's Permit; f. Application for Certificate of Registration (COR) and TIN at

The Bureau of Internal Revenue (BIR); g. Registration with the Social Security System (SSS); h. Registration with the Philippine Health Insurance Corporation

(PhilHealth); i. Applications for the conduct of Department of Labor and

Employment (DOLE) approved time and motion studies; and j. Applications for Environmental Clearance Certificates (ECC)

from DENR

2. Establish and maintain a database of investment opportunities and investors; 3. Operate an on-line information assistance desk; 4. Recommend and/or implement improvements in system and processes

towards simplification or improved productivity; 5. Coordinate access to skilled, City based manpower resources.

Section 5. Reportorial Duties of LEIPO - The LEIPO shall prepare yearly reports on the status of MLEs in the City, including but not limited to: List of existing MLEs before the grant of incentives packages provided hereunder; List of MLEs that have applied for incentives packages;

a. List of MLEs invited by the PC-EDIB and/or LEIPO to invest in the City of Parafiaque and the total number that have made investment in the City as

consequence of the invitation; b. List of MLEs that have ceased operations, including the reason/s for closure; c. Analysis of the increase or decreased of investment in the City vis-à-vis the

business climate; d. Performance evaluation of the qualified MLEs; and e. Recommend strategies to further increase investments of MLEs or prevent

decrease thereof;

The term "List" in this section shall contain the name of the company or corporation with information as to whether it is a principal or franchise, the amount of capitalization, the nature ofinvestment, its investment strategies, and other information necessary to assist the CP-EDIB in carrying out its mandate.

CHAPTER VII ECONOMIC DEVELOPMENT AND INVESTMENT PLAN (EDIP) AND

INVESTMENT PRIORITIES PLAN (IPP)

ARTICLE I GUIDING PRINCIPLES

Section 1. Guiding Principles - The PC-EDIB shall be guided by the following considerations before any incentives package provided herein is granted:

Net Value-Added and Multiplier Effect — The incentives package given to qualified enterpi must be commensurate to the benefits received by the City as shown by its economic activity interrelationships generated and stimulated by the investment.

a. Measured Capacity — The enterprise contributes to the estimated volume of productivity or fills a gap in the spectrum of services that the a(ltermines to be desirable in each preferred area of investment listed in the o omj Development Investment Plan. (

- 0 8 Ordinance No. - Series of DEVELOPMENT INVEST

RDINANCE ENACTING THE CITY OF P INCENTIVE CODE

E ECONOMIC

b. Equal Playing Field - In principle, the t-EDIB shall maintain an equal playing field in granting incentives to all qualified investors. However, additional incentives for enterprises that generate significant levels of employment for residents of the City of Parafiaque, maintain the same and make significant investments in growth areas provided under the City of Paranaque Comprehensive Land Use Plan (CLUP) or in distressed or blighted areas shall not be construed as treating comparable investors unequally.

ARTICLE II ECONOMIC DEVELOPMENT AND INVESTMENT PLAN (EDIP)

Section 1. Economic Development and Investment Plan (EDIP). The Local Economic Investment Promotions Office (LEIPO), after consultation with the private sector, the national government through the appropriate offices, such as but not limited to the National Economic and Development Authority, the Department of Trade and Industry

( and the affiliate Board of

Investments), and the Department of the Interior and Local Government (DILG), shall submit to the PC-EDIB an economic Development and Investment Plan (EDIP), which shall delineate the economic directions and investment priorities of the City.

~L The EDIP shall provide for the Role of the City Government as discussed in chapter VII I f this code, in relation to the needs and concerns of the qualified pioneer MLEs, in order to achieve mutually beneficial arrangements between both parties in consonance with the objectives provided herein.

Upon evaluation and approve of the Economic Development Investment Plan by the PC-EDIB. the same shall be forwarded by the Board to the City of Paranaque Council for

'confirmation through a Resolution. /

The EDIP shall be in effect for three (3) years, unless otherwise amended or revised earlier by the PC-EDIB by a three-fourths (3/4) vote all its members in a meeting duly called for the purpose. Any amendment or revision of the EDIP shall made only after a comprehensive review in terms of current investment trends, both local and international

ARTICLE III INVESTMENT PRIORITIES PLAN (IPP)

Section 1. Formulation of the IPP - The LEIPO shall annually formulate an Investment Priorities Plan (IPP) that will reflect the relative importance of investments within the guidelines of the Economic Development and Investment Plan and City of Parafiaque's Annual Investment

( Plan. Section 2. Contents of the IPP - The IPP shall contain the following:

a. List of preferred and or mandatory activities in the identified preferred areas of investment listed in the Economic Development Investment Plan;

b. Guidelines for the approval of applications of the MLEs in preferred and or mandatory activities;

c.c. Extent of entitlement to incentives of qualified pioneer or non-pioneer MLEs engaged in the preferred and or mandatory activities in the preferred areas of investment.

4 Section 3. Adoption and Review of the IPP - The IPP shall be subject to the appro 1 of the CP-EDIB through a majority vote in a meeting duly called for that p se.

The IPP shall in effect for one (1) year, uq&V ot ise amended or revi th PC- EDIB, through a majority vote, in a meeti\all d for that purpose.

S

1-

1 08 Ordinance No. Series of 2016— DEVELOPMENT INVESTMENT

ENACTING THE CITY OF PA R AQUE ECONOMIC CODE

ARTICLE I)t7 INVESTMENTS PRIORI* AREAS (IPAs)

Section 1. Determining Investment Priority Areas (IPAs) q-~!k a. The City of Parafiaque through the IPC shall formulate its IPAs consistent with the IPP,

the CDP, CLUP, Zoning Regulations, Tourism Development Plans and other criteria that will ensure sustainable and equitable economic and social development. The City Government of Paraflaque is not precluded from including in the IPAs other activities that suit their needs as long as it is within the meets and bounds of laws, rules and regulations and or ordinances.

b. The following maybe considered in determining the IPAs of the City of Paraflaque: 1. Specific Industry / Sector 2. The potential of such areas of investment for creating productive employment

considering the necessity for the dispersal of industries in less developed areas on a planned and balanced basis to the extent that it is economically feasible and practicable;

3. The availability of local / indigenous raw materials and manpower needed for the said project;

4. The City Government of Paranaque may include in its IPAs green projects that promote environmental consciousness;

5. Agriculture and Eco - tourism is one of the top list of priorities for development which are considered as bio-diversity friendly business such s in green economy;

6. The green economy describes the recent business trend toward the production of environment friendly goods and services that are more sustainable in the long term and can thus moderate climate change and biodiversity loss;

7. The criteria for identifying and specifying Biodiversity- friendly business for sustainable development are ecology, economy and equity.

c. A periodic review of the IPAs should be undertaken. The following factors maybe considered for the amendments of the IPAs. For the purpose of inclusion of additional areas in the list of IPAs the following factors '

maybe also considered. 1. Number of local residences to be employed by the enterprises; 2. High degree of value added feature;

3. Creation of linkages with local industries such as joint ventures with local investors; 4. Projects of historical or cultural value in accordance with the program for historical or

cultural revival of the city;

For purposes of exclusion from the current list of IPAs the following may be considered:

1. Sufficient investment in the area has been attained; 2. Continued extension of incentives is no longer to the interest and benefit of the city; 3. The investment area or activity cannot attract investors within a reasonable tiie and

cost may result in unfavourable business climate; 'N 4. Lack of progress in the implementation of an environmental management plan.

CHAPTER VIII ROLE OF THE CITY GOVERNMENT OF PARAFAQUE

Section 1. T it overnment of Paraflaque is committed to enhance its business climate by way oft f 11ng support programs among others:

17-08 Page Ordinance No. - Series of 2016— A NANCE ENACTING THE CITY OF PARANAQUE ECONOMIC DEVELOPMENT INVESTMENT AN IN NTIVE CODE

a. Adequate Infrastructure and Ease of Access - th. 'Government shall enact policies and program that will facilitate access to inV€stment site, whether by way of road and sidewalk infrastructure or by way of traffic and transportation policies and programs.

b.b. Development of Information and Communications Technology Infrastructure -

The City Government shall promote investments in ICT infrastructure and facilities. It shall also maximize the use of E-Governance system and mechanisms for promoting and facilitating interaction access to information and ease of private enterprise local government transactions in the City with both local and international public.

c. Public-Private Partnership Program - this code recognizes the PPP as a potentially significant investment strategy for the City. The City may by itself or in cooperation with the National Government provide incentives to private sector proponents of PPP projects. Further, the City may explore other forms of PPP in such a way that qualified NLSEs may be given access to and allow investment in government owned properties by means of joint venture agreements for the establishment of factories and manufacturing industries in preferred area of investment to be determined in the Economic Development Investment Plan. To achieve this end, idle and forfeited lands of the City may be made available for investments. Finally, private properties available for investments may also be acquired and made available for public consumption only upon payment of just compensation.

d. Ease of Doing Business - It is the duty of the City Government to promote an environment conducive to the entry and growth of enterprises in the city by way of clarity and transparency in tax assessment procedures, provision of express lane in new business registration and renewals and express lanes for the issuance of construction permits, provisions of series that can act speedily on request for redress, provision of hotlines to address immediate concerns of NSLEs and other measures to fully effect the thrust of creating a Business-Friendly City.

e. Links to Human Resources Needs - The City Government shall provide links to qualified manpower sources, such as colleges, universities and training centers as well as to the manpower recruitment and other services of the City Government Public Employment Services Office (PESO) and the Parafiaque City College (PCC). To this effect, the CP-EDIB through the PESO and PCC shall establish systems t assist and endorse qualified employees from among the bonafide residents of the City of Parafiaque for employment to qualified NLSEs. V

f. Urban Renewal - It is the duty of the City Government to ensure a clean , green and pleasant environment to enhance livability. To this end, it is the City's policy to redevelop blighted areas in cooperation with private capital and assist informal settlers with their shelter needs through a sustainable socialized housing program.

g. Safety and Security - Taking into consideration the peculiar security needs global enterprise that undertake their operations during irregular work hours, it is the duty of the City Government to work more closely with the Philippine National Police to strengthen security and safety officers and staff as a force multiplier.

h. Industrial and labor Relations - The City Government should create ways to promote industrial peace and mutual growth and benefit among the qualified NSLEs'

1 They should encourage and support all forms of employee participation in $roduction. The rights of the employees to participate in policy or decision making on matters affecting their rights, duties, benefits or welfare shall be also recognized.

i. Economic Support and Security - The City may find means to lessen tke ost inputs including power and other utilities to attract more and quality investmei& PC-EDIB may be empowered to negotiate and enter into contracts with all uti!tiç providers to such effect. Creative alternatives to reduce costs of inputs and utilitie must also be facilitated.

CHAPTER IX PROVISIONS ON REGISTRATION

Section 1. Pr uas fication Requirements - for purpose of application for registration

and availment of I e iv under the Parafiaque City Economic Development and Investment Code the following ual icat ons must be complied with:

17-08 Ordinance No. - Series of 2016—IN ANCE ENACTING THE CITY OF P DEVELOPMENT INVESTMENTYADNCENTIVE CODE

IC

a. The enterprise must have complied with all the ipdñdated requirements under the existing laws, rules and regulations for doing business in the Philippines;

b. The activity engaged in mist be listed in the IPA's of the City Government of Parafiaque;

c. The place of operation or production be located within the territorial jurisdiction of the City of Paranaque;

d. Specified percentage of its workplace must be bona fide residents of the City of Parañaque giving equal opportunities for men, women, poor, indigenous and persons with disability;

e. Project must have safeguards against pollution or resource use if necessary.

Section 2. Documentary Requirements - the following documentary requirements must be complied:

a. Single Proprietorship 1. Copy of Business Registration issued by the Department of Trade and Industry; 2. Copy of audited financial statements if existing 3. Copy of completed application form for registration under the City of Parafiaque

Economic Development and Investment Code; 4. Such other documents that maybe required by the City Government to be submitted.

b. Partnership I Corporation 1. Copy of the articles of Partnership or Incorporation; 2. Certified True Copy of Certificate of Registration issued by the SEC; 3. Resolution of the applicant's Board of Directors in case of a corporation authorizing

the filing of application; 4. Copy of audited financial statements if existing; 5. Certificate or Certificate of Non-Compliance if applicable; 6. Copy of completed application form for registration under the City of Parafiaque

Economic Development and Investment Code; 7. Such other documents that maybe required by the City Government to be submitted.

c. For Bureau of Investments Registered Enterprises 1. Certified True Copy of the BOl Certificate of Registration; 2. Copy of the documents submitted to BOl pertaining to their registration.

a. Filing of Application - all applications shall be filed with the LEIPO of the City of Paranaque. ____

b. Check Listing / Assessment of Documents - Client presents documents for check listing on its completeness and consistency of information.

c. Date of Official Acceptance - Only complete application shall be officially accepted and registered in the Registration Book. Date stamped on the application shall be considered as the date of official acceptance of the application.

d. Notice of filing of application shall suffice publication requirement. e. Order of payment shall be issued for complete application. f. Evaluation I Approval of Application - Once an application is officially accpte the

project will be evaluated by the LEIPO. g. Processing Time - The processing time from date to official acceptance until th

Board may act on the recommendation of the IPC should be indicated in the CoçA proviso to the effect that the inaction of the Board within the specified period to on the application is to be construed that the application is deemed approved.

h. Filing Fee - A non-refundable filing fee shall be paid together with the required documents for registration.

i. Certificate of Registration - Upon approval, an enterprises shall be issued a Certificate of istration with the signature of the Chairman of the Board or such other office th Board may designate for the purpose as the need arises. It shall state amon oth , the following:

Section 3. Restration Procedures - Lite following procedure must be followed and "served:

17 - 08 Page II Ordinance No. - Series of

ORDINANCE ENACTING THE CITY OF PARAI

ECONOMIC

DEVELOPMENT INVEST

D INCENTIVE CODE Q.

1. Name of the Registered Enterprises; 2. The Investment Priority Area (IPA) in whiZ-/the registered enterprises will

engage in; 3. Such other terms and conditions to be observed by virtue of its registration.

j. No double availment of incentives/ benefits under different laws and or programs.

Section 2. Coordination - The PC-EDIB through its Chairman shall coordinate with the Micro, Small and Medium Enterprises Development Council (MSMED), Board of Investments (BOl), Philippine Economic Zone Authority (PEZA) and other national government agencies by entering into a Memorandum of agreement (MOA) or Memorandum of Understanding (MOU) as maybe necessary to ensure the rights and benefits of MLEs in the City of Parafiaque are duly protected and available.

CHAPTER X INCENTIVES

Section 1. Incentives granted to Enterprises maybe Fiscal or Non- Fiscal Incentives

ARTICLE I Section 1. Fiscal Incentives

The following fiscal incentives maybe given to enterprises:

1. Discounts from Real Property Tax a. 20% discount if they pay in advance their assessed real property for the / I upcoming calendar year on or before December 15. L1 b. 16% discount if they pay in advance their assessed real property tax for the upcoming calendar year on or before December 31.

2. Discounts for Business Tax a. 1% discount for business tax if they employ for their enterprise at least 50% employee who are bonafide residents of the City of Parañaque.

(

b. 3% discount for business tax if they employ for the enterprise at least 70% employee who are bonafide residents of the City of Parañaque. c. 5% discount for business tax if they employ for the enterprise at least 90% employee who are bonafide residents of City of Parafiaque.

In order to avail of the discounts for Fiscal Incentives, the enterprise concerned must also make a corresponding Corporate Social Responsibility in the City of Parafiaque in ccordance with the City's Investment Plan Program, Projects or Activities and they will enjoyed " ll the business tax incentives if they pay in full on or before the deadline of payment

Section 2. Environmental Compliance Incentives

Exemption from payments for Environmental Services- incentives for enterprises engaged in payments for environmental protection and climate change adaptation. The payment for environmental services contributions may be in the form of direct technical and fin cial assistance on sustainable livelihood activities that will reduce the poor's vulnerability tciclim e change, financing protection or rehabilitation of degraded ecosystems and other environmenta activities formally engaged on with concerned communities and local government units.

a. An enterprise availing of the Environmental Protection Incentive shall X

be

application with the LEIPO regarding its intent to undertake a green\ social a

t

the location and the date. Said activity shall either be a regular activity or that completed within the timeframe approved by the PC-EDIB;

b. The LEIPO,s1all be in charge of issuing a certification that the registered enterprise is in its en bnkental service program, or has undertaken regular green and socially respons le 94'ities and is qualified for the incentive;

lbs

&IENTIVEOrdinance No. Series of 2016— ANNANCE ENACTING THE CITY OF PARANAQUE ECONOMIC DEVELOPMENT INVESTMENT AN CODE

c. After due verification of contributions to paymen or environmental or ecosystem service program, urban greening and restoration, reforestation and planting of trees and similar investments, the LEIPO shall issue a certification indicating the costs of such activities. Such certification shall be presented to the local treasurer concerned during the payment of the business tax to avail the incentive;

t d. This incentive is non-transferable. In case of change of ownership of the enterprise,

the incentives shall not be transferred to the new owner but shall continue to be enjoyed by the original owner and applied to his new business enterprise, if any, provided that the period of incentive shall expire within a given period from the date of application regardless whether the owner availed of it or not. The new owner of the enterprise has the option to apply for environmental incentives, provide further that the enterprise continues its environmental protection initiatives and complies with all the requirements to avail of the incentives;

e. That the City Government of Parafiaque have the right to reappraise the cost of the tree planting or landscaping in case it finds the reported cost excessive;

f. This incentive maybe availed of only once every three years.

ARTICLE II -' NON- FISCAL INCENTIVES

Section 1. Non-Fiscal Incentives - the following assistance shall accorded to investors:

a. Provide a one-stop documentation for simplified documentation / registration procedures, which shall be facilitated with assistance from the LEIPO;

b. Support industrial peace through reconciliation and mediation efforts of the LEIPO; c. Assist investors in their site selection and negotiation for right of way; d. Assist investors in securing electric power and water supply connection; e. Network with concerned national agencies such as TESDA and other similar

institutions for training of workers to enhance skills of manpower of the enterprise; f. Coordinate the negotiation of special rates for utilities for industries with a certain

minimum load; g. Facilitate outbound and inbound missions of investors; h. Such other after care services that maybe accorded to investors.

CHAPTER XI PROVISIONS ON ENVIRONMENTAL PROTECTION

Section 1. Environmental Protection

J\ a. Environmental Impact Assessment - Environmentally critical projects or enterprises

locating their activities or expansion projects in environmentally critical areas shall comply with the requirements of Presidential Decree 1586 or Environmental and Natural Resources Act of the Philippines.

b. Hazardous Substances - Projects involving the handling, transport, processing and storage of toxic, hazardous substances and or nuclear waste shall not be entitled to

>ç any incentive.

Section 2. Specific Prohibitions

I a. No industrial or manufacturing facility shall be operated without proper air pollibq devices, waste water treatment facilities and solid waste management facilities;

No indu5nikl or manufacturing plant shall be operated at levels beyond the operating capaoNloft ir respective waste treatment facilities in order to maintain the effluent quaIfty A(itltmVhe standards required by law;

11-O8 • Ordinance No._ Series of 2016 - NANCE ENACTING THE CITY OF PA QUE ECONOMIC

EI DFV OPMFNT INVESTMENT A kIENTIVE CODE

c. All industrial and manufacturing estabIishmeiall subject their operations and premises, facilities and systems to periodic 'nvironmental compliance monitoring which shall be conducted by the City of Parafiaque in coordination with the DENR.

J Refusal to be subject to such inspection shall be sufficient ground for forfeiture of any incentive and the revocation of its Certificate of Registration and or business permit by the City Government Parafiaque.

CHAPTER XII RESPONSIBILITIES OF THE REGISTERD ENTERPRISES

Section 1. Reportorial Obligations - Registered enterprise shall submit reports to the PC-EDIB on the operations of the enterprise twice yearly, before the end of the second and fourth quarter of the calendar year respectively, and the annual audited financial report on operations.

Section 2. Visitorial Requirements - The PC-EDIB shall in consultation and in coordination with the registered NSLEs, undertake visits to the enterprise and request to be briefed on the status of operations, to be assured of the NSLEs compliance with the grant of preferences and investment incentives, and to be alerted to any assistance or support that can be provided by the City Government of Paraflaque.

CHAPTER XIII APPROPRIATIONS

Section 1. PC-EDIB Fund - The PC-EDIB fund shall be taken from the General Fund or through the Supplemental Budget or from any available funds of the City Treasury as the case maybe determined by the PC-EDIB.

CHAPTER XIV MISCELLANEOUS PROVISIONS

Section 1. Reimbursement or Return of Incentives - The enterprise that was given incentive shall be required to reimburse or return the incentive in any of the following instances:

a. The enterprise failed to comply or maintain the qualifications set forth; b. The enterprise is found guilty of misrepresentation or fraud for the purpose of

availment of the incentives contained in this ordinance.

CHAPTER XV FINAL PROVISIONS

Section 1. Transitory Provision - Investors who availed of the incentives provided under Ordinance No. 15-07, Series of 2015, shall continue to enjoy the incentives granted therein. One the period mentioned in Section 2, Article 1, Book IV thereof lapses, qualified New Large Scale Enterprises shall be deemed registered under this Ordinance: Provided, however, that they shall submit the documentary requirements mentioned in Section 2, Chapter IX of this Ordinante.

Section 2. Separability Clause - If for any reason, any part of this ordinance shall be he invalid or be declared unconstitutional, other parts herein provided which are not affected shall continue to be in full force and effect.

Section 3. Repealing Clause - Ordinance No. 15-07, Series of 2015, all other ordinances.k Rules and regulations that are inconsistent with the provisions of this ordinance are hereby modified and repealed..accordinlv.

[s Ordinance shall take effect upon approval. Sectio

11-09 Ordinance No. - Series of 2016— AN ORDINANCE ENACTING THE CITY OF PARA14AQUE ECONOMIC DEVELOPMENT INVESTMENT AND INCENTIVE CODE

Enacted this 2 nd day of June. 2017 at P

SPONSORE BY:

VINCE N ETH M. FAVIS City Councilo

I

/o RIC4jRDO. BAES, JR. City Councilor 011

4A. 4' MARITESS . ASIS City Cou ii r

BR Lr V. ILONC Ci Co

JOSE MARl . YLLANA City Council

ViK!FOR EIJ9 M. SOTTO City Councilor

CO-SPONSORED BY:

EVOkIN R. City Councilor

MERLIE S. ANTIPUESTO Cit Councilor

ANA. ILLAFUERTE City Cou cilor

PABL C. GABRIEL, JR. I C.

City Councilor

JA rEL NE BUSTAMANTE-MENDOZi City Counci

RO AVA-TAN City Councilor

CHRISTOPHER(V. 4GUILAR Liga Presdnt

CONCURRED BY:

(offcIc4J b m S ,rtcs) MARVIN A. SANTOS

k City Councilor

(gic Icv) .cnr) GIOVANNI E. ESPLANA VANDOLF L. QUIZON City Councilor City Councilor

ATTES

JOHN RVf" . YLLANA City Councilor/Temjdrary Presiding Officer

APPROV BY

JOSE ENICO T. EZ Acting City May

J 1 08 - Parañaqueor association wholly owned by citizens of the Philippines or a corporation...

Documents

Transcript of J 1 08 - Parañaqueor association wholly owned by citizens of the Philippines or a corporation...