Executive Order No. 282




EXECUTIVE ORDER NO. 282 October 30, 1995 PROVIDING FOR THE GUIDELINES AND REGULATIONS FOR THE EVOLUTION OF THE EXPORT PROCESSING ZONE AUTHORITY; CREATED UNDER PRESIDENTIAL DECREE NO. 66, INTO THE PHILIPPINE ECONOMIC ZONE AUTHORITY UNDER REPUBLIC ACT NO. 7916 WHEREAS, Republic Act No. 7916, otherwise known as the Special Economic Zones Act of 1995, created the Philippine Economic Zone Authority (PEZA) to 'provide the legal administration and coordination of special economic zones in the Philippines; WHEREAS, Section 11 of the same law any mandates that the PEZA shall evolve from the Export Processing Zone Authority (EPZA) created under Presidential Decree No. 66 "in accordance with the guidelines and regulations set forth in an executive order issued for the purpose"; WHEREAS, such guidelines and regulations are necessary to ensure the smooth transition of the EPZA into the PEZA. NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order: SECTION 1. Assumption of EPZA s Powers and Functions by PEZA. All the powers, functions and responsibilities of EPZA as provided under its Charter, Presidential Decree No. 66, as amended, insofar as they are not inconsistent with the powers, functions and responsibilities of the PEZA, as mandated under Republic Act No. 7916, shall hereafter be assumed and exercised by the PEZA. Henceforth, the EPZA shall be referred to as the PEZA. SEC. 2. Transfer of Funds, Unexpended Appropriations, Properties, Equipment, Assets, Records, Choses in Action, and Other Rights. All funds, unexpended appropriations, properties, equipment, assets, records, choses in action, and other rights of the EPZA and the other export processing and/or special economic zones under its control and supervision are hereby transferred to the PEZA. For this purpose, the PEZA Director-General shall constitute a special committee which shall, with the assistance of the Commission on Audit, and as soon as practicable, but not later than ninety (90) days from the effectivity of this order, conduct a complete accounting, physical inventory and audit to determine and ascertain the amount, value, description and nature of such funds, unexpended appropriation, properties, equipment, assets, records, choses in action, and other rights prior to said transfer, including the liability or accountability, if any, of personnel who are charged with the safekeeping, custody, management or administration of the same. SEC. 3. Effectivity of Contracts and Agreements. C All lawful and binding contracts, agreements, obligation and liabilities entered into by the EPZA prior to the effectivity of this Order shall remain in full force and effect and shall be respected and recognized unless otherwise terminated, modified or amended for lawful cause by the PEZA Board, upon recommendation of the Director General. SEC. 4. Structure and Staffing Pattern. C The Director-General shall, with the approval of the PEZA Board, determine and prescribe the organizational structure, staffing pattern and personnel complement of the PEZA. All permanent personnel of the EPZA, or any government office within the ecozone may continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits in a holdover capacity unless in the meantime they are separated from the government service. The services of temporary, casual and/or contractual personnel shall, unless renewed and subject to the terms of the following section, be deemed terminated after receipt of thirty (30 days) notice thereof. SEC. 5. Separated Officers and Employees Benefits. C Permanent officers and employees of the EPZA and its various export processing/special economic zones whose positions are not included or incorporated under the new organizational structure and staffing pattern of the PEZA, or whose services are not retained, as well as those who voluntarily opt to retire, shall receive separation pay and such retirement and other benefits regulations. Provided, that in no case shall the separation pay be less than one and one-fourth (1 1/4) months for every year of service. SEC. 6. Affected Government-Owned Industrial Estates and Similar Bodies. C Affected government-owned industrial estates and similar bodies referred to under Section 46 of Republic Act No. 7916 shall continue operations under their respective organic charters until the PEZA shall have set in place the mechanism for their absorption by the PEZA. Members of the Boards of the foregoing industrial estates and similar bodies shall, unless otherwise directed by the PEZA Board, upon the recommendation of the Director-General, continue in office, in hold-over capacity, for a period of forty five (45) days from the date of this Order to wind up their affairs and provide for the smooth transition of their respective offices to the PEZA. The Chief Executive Officer or Administrator, together with management level personnel, of such industrial estates or similar bodies and such number of personnel who directly assist management as may be identified by the CEO or Administrator, with the concurrence of the PEZA Director General, may continue in hold over capacity, to perform their respective duties and responsibilities and receive their corresponding salaries and benefits therefor, subject to the terms of the preceding sections. SEC. 7. Effectivity. This Order shall take effect fifteen (15) days after its complete publication in two newspapers of general circulation. DONE in the City of Manila, this 30th day of October, in the year of Our Lord, nineteen hundred and ninety-five. (Sgd.) FIDEL V. RAMOS President of the Philippines By the President: (Sgd.) RUBEN D. TORRES Executive Secretary The Lawphil Project - Arellano Law Foundation