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 ZO…

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 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. – 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. –
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. – 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. – 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

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