AN ORDINANCE ENACTING THE LOCAL INVESTMENT AND INCENTIVE CODE OF THE MUNICIPALITY OF DINGRAS, ILOCOS NORTE.

 

REPUBLIC OF THE PHILIPPINES

PROVINCE OF ILOCOS NORTE

MUNICIPALITY OF DINGRAS

 

EXCERPT FROM THE MINUTES OF THE SIXTEENTH (16TH) REGULAR SESSION OF THE  NINTH (9TH) SANGGUNIANG BAYAN OF DINGRAS, ILOCOS NORTE HELD AT THE SANGGUNIAN SESSION HALL ON OCTOBER 14, 2013

 

Members Present:

Hon. Joefrey P. Saguid,                             Vice Mayor/Presiding Officer,

Hon. Ruben C. Marcos,                               SB Member

Hon. Enriqueto J. Cañete,                          -do-

Hon. Lester S. Ballesteros,                         -do-

Hon. Joey S. Apostol,                                  -do-

Hon. Samuel N. Demandante,                   -do-

Hon. Nathaniel Ruben D. Taylan II,          -do-

Hon. Edilberto C. Gudoy                             -do- Liga President

 

Member/s Absent:             

Hon. Jose Mari Genaro B. Albano,            -SB Member-

Hon. Alfe Garry R. Gamboa,                      -do-

Hon. Samuelito R. Demandante                -do- Fed. SK President

 

 

MUNICIPAL ORDINANCE NO. 2013-09-008

Series of 2013

 

AN ORDINANCE ENACTING THE LOCAL INVESTMENT AND INCENTIVE CODE OF THE MUNICIPALITY OF DINGRAS, ILOCOS NORTE.

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Sponsor: Hon Joey S. Apostol

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Be it enacted by the Sangguniang Bayan of Dingras, Ilocos Norte in Session, Assembled, that:

 

ARTICLE I – TITLE AND DECLARATION OF POLICY

 

Section 1. Title. This Ordinance shall be known as the Local Investment and Incentive Code of the Municipality of Dingras, Ilocos Norte.

 

Section 2. Declaration of Investment Principles and Policies. It is the policy of the Municipal Government of Dingras to encourage both local and foreign investments in its jurisdiction that will result in the mutual benefits of its citizens and investors, taking into account the principles of sustainable development, wise utilization of natural resources, equitable distribution of wealth and holistic human resource development.

 

  • To accelerate the sound development of the municipal economy, in consonance with the principles and objectives of economic nationalism, and in pursuance of a planned economically feasible and practicable establishment of industries.
  • To encourage Filipino and foreign investments as hereinafter set out, in projects to develop agricultural, processing and manufacturing industries which increase municipal income, bring about economic upliftment, provide more opportunities for employment, raise the standard of living of the people of Dingras.
  • To welcome and encourage foreign capital to establish pioneer enterprises that are capital and labor intensive and would utilize a substantial amount of domestic raw materials, in joint venture with substantial Filipino capital whenever available.

The municipal government acknowledges its lead role in promoting industrial peace and security in establishing infrastructure facilities and as agent in the transformation of the community into a responsive citizenry.

Finally, the municipality manifests its desire to attract investors through efficient and effective governance, insuring management continuity of policies, providing fiscal incentives, supportive and facilitative political climate, and providing adequate support promoting political stability.

 

Section 3. Definition of terms when applied to this Ordinance

 

  • "Board" shall refer to the Municipal Investment Board created under the Code.
  • "Code" shall refer to the Local Investment and Incentive Code of the Municipality of Dingras.
  • "Municipality" shall refer to the Municipality of Dingras covering all areas within its territorial jurisdiction as provided by law.
  • "Investment" shall refer to the money, equipment, or properties, professional services or rights expressed in monetary value put-in for purpose of engaging in a business activity.
  • "LEIPC" shall refer to Local Economic and Investment Promotion Center.
  • "LEIPO" shall refer to the Local Economic and Investments Promotion Officer.
  • "Small Scale Enterprise" shall refer to the enterprise having a total asset of P3.01 to 15 million pesos, excluding the value of the land.
  • "Medium Scale Enterprise" shall refer to the business enterprise having a total asset of P15.01 to 100 million pesos, excluding the value of the land.
  • "Large Scale Enterprise" shall refer to the business enterprise having a total asset of more than P100 million pesos, excluding the value of the land.
  • "Registered Establishment/Enterprise" shall refer to any establishment and/or enterprise qualified and issued a Certificate of Registration/exemption to avail of incentives under this Code.
  • "Existing Establishment/Enterprises" shall refer to those establishments and/or enterprises which are in operation and whose production areas are located within the territorial jurisdiction of the Municipality of Dingras prior to the approval of this Ordinance and have not previously availed of the herein incentives.
  • "Expansion of Establishments/Enterprises" shall refer to existing establishments and/or enterprises which shall increase their capitalization, production capacity/volume of operation, employment and/or putting up of new physical structures and facilities.
  • "New Establishment/Enterprises" shall refer to those prospective establishments and/or enterprises which are not yet in operation prior to the approval of this Ordinance or those prospective establishments and/or enterprises who wish to establish a capital and labor-intensive business venture within the territorial jurisdiction of the Municipality of Dingras after the approval of this Ordinance.
  • "Incentives" shall refer to the benefits or privileges granted by the Municipality of Dingras to encourage investment.
  • "Fiscal Incentive" shall refer to the direct financial or monetary benefit to the investor.
  • "Non-Fiscal Incentives" shall refer to a non-monetary value of incentives that provide direct benefit to investors.
  • "Certificate of Registration/Exemption" shall refer to the certificate given to participating members who have availed of the investment incentive program of the Municipality and who will enjoy tax holidays/exemptions as provided for in this Ordinance.
  • "Tax Holiday" shall refer to the tax exemptions granted to registered enterprise.
  • "Government Agencies" shall refer to the branch of National Government in charge of promoting, regulating and supervising investments such as, Department of Trade and Industry (DTI), Securities and Exchange Commission (SEC), Social Security System (SSS), Bureau of Internal Revenue (BIR), National Economic and Development Authority (NEDA), and the Department of Environment and Natural Resources (DENR).

 

ARTICLE II – PURPOSE, OBJECTIVE AND GOAL

 

Section 1. It is the purpose, objective and goal of this Ordinance to:

 

  • Integrate and supplement the investment incentive law of the National Government appropriate to local initiative to attract both local and foreign investors.
  • Enhance the image of the Municipality of Dingras as a competitive location of business in the Province of Ilocos Norte.
  • Promote an investment and business-friendly environment that facilitates expeditious processing of papers and documents on matters related to investments.
  • Promulgate investment policy guidelines for investors to have ready accessible information on local investment priority areas and corresponding tax exemptions, privileges and incentives.
  • Encourage the establishment of investment projects that are able to utilize indigenous natural resources and raw materials, as well as those that are labor-intensive and environment-friendly industries.

 

ARTICLE III. MUNICIPAL INVESTMENT BOARD

 

Section 1. Municipal Investment Board. Within fifteen (15) days from enactment of this Ordinance, the Municipal Investment Board shall be created to implement the provisions of this Ordinance to be composed of the following:

 

            Chairman                               - Municipal Mayor

            Vice Chairman                      - Municipal Vice Mayor

            Members:

  • SB member – Chairman, Committee on Market and Slaughterhouse
  • SB member – Chairman, Committee on Transportation, Communication, Labor, Trade , Commerce and Industry
  • SB member – Chairman, Committee on Rules and Laws
  • SB member – Chairman, Committee on Finance
  • Representative from the Business Organization
  • Representative from the Bankers Association
  • Representative from the Academe Sector
  • Representative from the Agricultural/Farmers Association
  • Representative from the NGO's (Non-Government Organization)
  • Representative from the Labor Organization
  •  

Provided, that said representatives from the private sectors come from Organizations duly accredited by the Sangguniang Bayan. Provided further, that the term of office of the representative from the private sectors shall be determined by the Municipal Investment Board and to be implemented thru an Executive Order of the Municipal Mayor.

 

Section 2. Secretariat and Technical Working Group (TWG). The Board shall create a Secretariat duly supervised by the Municipal Investment Promotion Officer and two (2) Technical Working Staff who shall serve as liaison and secretariat of the Municipal Investment Board and to assist the Board in its functions as well as process and provide all applicants with the application forms and other necessary information.

Section 3. Meeting and Quorum of the Board. The Board shall meet at least once every quarter or as deemed necessary. The presence of the majority of all the members shall constitute a quorum. The meeting venue is any venue designated by the Board.

 

Section 4. Powers and Duties of the Municipal Investment Board. The Municipal Investment Board (MIB) shall be responsible for the regulation and promotion of investment in the Municipality of DIngras. The Board shall have the following powers and duties:

 

  • To formulate and prescribe the Implementing Rules and Regulations of this Ordinance.
  • To give more effects to the Investment Program under this Ordinance, the Board is hereby empowered to conduct Trade Missions for the purpose of inviting investors as well as providing necessary information and dissemination drive to parties willing to avail of the Investment Incentive Program under this Ordinance.
  • To adopt an investment program and prescribe corresponding incentives and support measures for the promotion of the Municipality as an investment destination.
  • To identify, develop, acquire, prepare a site development plan congruent to the Municipality's approved short, medium, and long term comprehensive development plan.
  • To act within thirty (30) days from receipt thereof all applications submitted to the Municipal Investment Board.
  • To accept, process, appraise, evaluate, approve and/or reject applications for incentives under this Ordinance.
  • To recommend to the Mayor/Chairman of the Board additional budget and/or identify alternative funding for effective implementation of this Ordinance.
  • To review the package of appropriate incentives and support measures every three (3) years as the need arises.
  •  

ARTICLE IV – LOCAL ECONOMIC AND INVESTMENTS PROMOTION CENTER

 

Section 1. Creation. The Local Economic and Investments Promotion Center (LEIPC) is created to carry out the objectives of the Local Investment and Incentive Code (LIIC). It shall be the lead office on investments promotion and may either be a stand-alone office or placed under a relevant office.

 

Section 2. Working Force. The Board appoints the head of the LEIPC who may be the Local Economic and Investments Promotion Officer (LEIPO) in accordance with DILG Memorandum Circular (MC) 2010-113, the Local Planning and Development Coordinator, or another senior officer of the LGU.

 

Section 3. Functions. The center shall function as a one-stop-shop for investors and shall serve as the technical secretariat of the Board, taking an active role in implementing the LIIC. In addition, it shall have the following duties and responsibilities:

  • Prepare and implement the annual investments promotion plan as approved by the Board;
  • Receive, process, and evaluate applications for registration and applications for the availment of the local incentives and submit its recommendation to the Board within a specified period from the official receipt of the application;
  • Assist in: (1) securing licenses and permits; (2) identifying business or joint venture partners, raw materials suppliers and possible business sites; (3) sourcing skilled manpower and service providers; (4) facilitating the resolution of issues and concerns encountered by investors, among others;
  • Render after care services to registered enterprises/locators;
  • Monitor and supervise project implementation of registered enterprises/locators;
  • Establish and update the data bank on general business information;
  • Prepare and disseminate investments promotion collaterals, i.e. brochures, industry and project profiles, as well as the cost of doing business in the LGU;
  • Conduct briefings to potential investors;
  • Represent the LGU in trade and investments meetings, conferences, fora, conventions, and other similar gatherings in both domestic and foreign venues as directed by the Board;
  • Collate, analyze and compile pertinent data and studies concerning areas that have been or may be declared as "Investments Priority Areas":;
  • Recommend to the Board any modifications/amendments to existing legislation and procedures on Local investments for its appropriate action;
  • Establish cooperative undertakings with other LGU's, the private sector, NGA's, NGOs or other institutions as may be necessary, useful and incidental to the effective and efficient implementation of the LIIC.

 

ARTICLE V. INVESTMENT PRIORITY PLAN

 

Section 1. Local Investment Priority Plan. Within sixty (60) days from the enactment of this Ordinance, the Board shall formulate its Local Investment Priority Plan which shall generate employment and enhance and accelerate economic development of the Municipality, such as:

  • Manufacturing and Processing Enterprises
  • Manufacturing Enterprises using raw materials readily available locally
  • Export-Oriented Industries
  • Tourism-Oriented Industries
  • Pioneering Enterprises
  • Information and Communication Technology Enterprises
  • Utility Companies engaged in Power Generation and Distribution, Water, Telecommunications and those similar in nature.
  • Social Services, which include Health Care Services, Educational Institutions and Low-Cost Housing.

 

Section 2. The Board may revise the identified Local Investment Priority Plan every three (3) years as it may deem necessary.

ARTICLE VI – QUALIFICATIONS

 

Section 1. All new investors or business enterprises who intend to register and avail of the incentives provided in this Ordinance must meet the following qualifications:

  • The business enterprise must have complied with all the requirements mandated under existing national and local laws.
  • The place of operation or production will be located within the territorial jurisdiction of the Municipality.
  • The business enterprise must have at least Two Million Pesos (Php2, 000, 000.00) which shall be based on the total project cost stated in the investor's study submitted to and approved by the Board.
  • The project or business enterprises shall provide employment to bona fide residents of the Barangay/Municipality of not less than :

10 persons for investment worth P2 million but less than P10 million

20 persons for investment worth P10 million but not less than P15 million

50 persons for investment worth P15 million and above

      Provided, that enterprises/industries using information, communication technology facilities, automated devices and equipment and the like requiring highly technical expertise or training may be exempted from this requirement subject to the review of Technical Working Group (TWG) duly created for the purpose by the Board. Findings and recommendations shall be subject to the approval of the Board.

 

Section 2. All existing investors/business enterprise which intends to register and avail of the incentives under this Ordinance must meet the following qualifications:

  • The place of operation or production is already located within the territorial jurisdiction of the Municipality and will expand its existing operation with an additional investment of at least Two Million Pesos (P2, 000, 000.00)
  • Shall provide employment to bona fide residents of the Barangay/Municipality of not less than:

10 persons for investment worth P2 million but less than P10 million

20 persons for investment worth P10 million but not less than P15 million

50 persons for investment worth P15 million and above

  • The prospective investor/enterprise must have complied with all the requirements mandated under the local and national laws.
  • The prospective investor/enterprise must engage in activities mentioned in the Local Investment Priority Plan.

Provided, that enterprises/industries using information, communication technology facilities, automated devices and equipment and the like requiring highly technical expertise or training may be exempted from this requirement, subject to the review of Technical Working Group (TWG) duly created for the purpose by the Board. Findings and recommendations shall be subject to the approval of the Board.

 

Section 3. Limitation on Availment of Incentives. Investors/Enterprises referred to under Section 1 and 2 of this Article can avail of the incentives granted herein only once.

 

Section 4. Registration Requirements. Investors/Enterprises qualified under Section 1 and 2 of this article shall file their application. The application shall be considered accepted after upon submission and/or payment of the following:

 

  • Three (3)sets of the following documents:
  • Duly filled-up and notarized application form to be provided by the Board in accordance with the provision of this Ordinance;
  • Certified true copy of applicant's Certificate of Registration with the Securities and Exchange Commission, Department of Trade and Industry, Cooperative Development Authority or other concerned government licensing agencies as may be applicable;
  • Project study of the proposed investment showing that the project is economically, technically and financially feasible and visible;
  • Secretary's Certificate thru Corporate Board Resolution (Corporation) authorizing a representative to sign documents and transact  business with the Municipal Investment Board;
  • For existing enterprises, an audited financial statements and income tax returns for the past three (3) years; and
  • Other documents as maybe required by the Board.
  • Payment of non-refundable filing fee of Five Hundred Pesos (P500.00) for each application.

Provided, that all documentary requirements specified under Section 4a of this article have been duly complied with.

 

Section 5. Disqualification. Existing business enterprise that has been retired for the purpose of availing this investment incentive program should not be allowed to apply under this Ordinance.

 

Section 6. Payment of Registration Fees. All participating members who are granted the incentives/privileges are required to pay annual registration fee to the Municipal Treasurer in accordance with the rate prescribed below, after which the Board shall issue certificate of Registration along with the Certificate of Exemptions to the business concerned as member/participant duly stating the incentives and privileges granted under the provision of this Ordinance:

 

Amount of Investments

Annual Registration Fee

P2, 000, 000.00 – P3, 000, 000.00

P5, 000.00

P3, 000, 001.00 – P5, 000, 000.00

P10, 000.00

P5, 000, 001.00 – P10, 000, 000.00

P15, 000.00

P10, 000, 001.00 – P15, 000, 000.00

P20, 000.00

P15, 000, 001.00 – and above

P25, 000.00

 

Section 7. Annual Inspection. The Municipal Investment Board shall conduct an annual inspection of the participating members on their progress either by itself or by requesting a local government agency to conduct the same and said inspection shall be limited to the total sales/receipts; compliance of the Minimum Wage Law; or to the provisions of this Ordinance and the privilege granted as stated in the Certificate of Registration/Exemption.

 

Section 8. Reporting. At the end of each calendar year but not later than April 30, all participating members in this program shall submit copies of duly audited financial statements to the Municipal Investment Board, Sangguniang Bayan, the Municipal Treasurer, and the Office of the Municipal Mayor for evaluation and record purposes.

 

Section 9. Violation. Any participating member who is found to have violated any provision of this ordinance shall forfeit the incentives and/or privileges granted herein and shall be required to pay all taxes due from the start of its business operation, upon the recommendation of the Board.

 

ARTICLE VII. INCENTIVES

 

Section 1. Fiscal Incentives

The following incentives may be given to enterprises consistent with the Local Revenue Code and Book II of the Local Government Code (Ra 7160):

  • Exemption from local business taxes pursuant to Section 133 (g) of the LGC
  • Tax Exemption Privileges through ordinances duly approved pursuant to Section 192 of the LGC
  • The Investment Incentive Program shall apply to new businesses which establish and start their operations after the approval of this ordinance and those existing enterprises planning to expand their investments, shall enjoy the privileges granted by this program for a period as may be determined on the basis of the amount of investments put up by the investors under the following brackets:

Amount of Investments

Discount Period

P 2,000,000.00 – P 3,000,000.00

1 year

P 3,000,001.00 – P 5,000,000.00

2 years

P 5,000,001.00 – P 10,000,000.00

3 years

P 10,000,001 – P 15,000,000.00

4 years

P 15,000,001 and above

  • years

 

Section 2. General Policies on Local Fiscal Incentives

  • The incentive shall be granted only to new, expanding and or modernizing projects locating in the LGU.
  • Exemption under Section 133(g) of the Local Government Code (LGC) shall be for a period of six (6) years for pioneer and four (4) years for non-pioneer from the date of registration; Exemptions under the LIIC shall be in addition to the incentives provided under Executive Order No. 226 of the "Omnibus Investments Code of 1987".
  • Incentives to Regional or Area Headquarters (RHQ) or Regional Operating Headquarters under Article 66, Chapter IV of RA 8756 (Amending Book III of EO 226)
  • The exemption should not extend to fees and charges imposed for services rendered by the LGU, such as garbage fees, sanitary inspection fees, electrical inspection fees and similar other fees, as well as rental for use of public utilities owned and operated by the local government such as charges for actual consumption of water, electric power and toll fees for use of public roads and bridges and the like, and those levied for the use of government facilities and properties.
  • The grant shall apply to all businesses similarly situated subject to the pertinent provisions of this LIIC.
  • The exemption granted shall take effect only during the next calendar year for a specified number of years unless specified herein.
  • Article 61 of Republic Act (RA) 9520, otherwise known as "The Philippine Cooperative Code of 2008" and RA 7916, otherwise known as "The Special Economic Zone Act of 1995". Provides for the tax incentives of cooperatives and locators of ecozones, respectively.
  • In case of a change of ownership of the enterprise, the incentives shall continue to be enjoyed by the enterprise provided that the terms and conditions of the registration of the project are assumed by the new owner/s.
  • No double availment of incentives/benefits under different laws and/or programs.
  • Art. 66. Exemption From All Kinds of Local Taxes, Fees, or Charges – The regional area headquarters and regional operating headquarters of multinational companies shall be exempted from all kinds of local taxes, fees, or charges imposed by a local government unit, except real property tax on land improvements and equipment.
  • Green Incentives. Exemption From Local Taxes, Fees and Charges Equivalent to the Payments for Environmental Services (PES) – Incentive may be given to enterprises engaged in payments for ecosystem services for environmental protection and climate change adaptation in poor, marginalized communities or local governments. PES contributions may be in the form of direct technical and financial assistance on sustainable livelihood activities and green technologies that will reduce the poor's vulnerability to climate change, financing protection or rehabilitation of degraded ecosystems, and other environmental activities formally agreed on with concerned communities and local government units.
    • An enterprise availing of the green investment incentive shall file an application with the LEIPC regarding its intent to undertake a green/social activity, the location and the date. Said activity shall either be a regular activity or that which can be completed within the timeframe approved by the LIIB.
    • The LEIPC shall be in charge of issuing a certification that the registered enterprise is in its environmental services program, or has undertaken regular green and socially responsible activities and is qualified for the incentive.
    • After due verification of contributions to payments for environmental or ecosystem services program, urban greening and restoration, reforestation and biodiversity conservation, and similar investments, the LEIPC 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 of the incentive.
    • The LGU shall have the right to reappraise the cost of the re-greening or landscaping in case it finds the reported cost excessive.
    • This incentive may be availed of only once every three years.
    • This incentive is non-transferrable. In case of a 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 of whether the owner availed of it or not. The new owner of the enterprise has the option to apply for green incentives, provided further that, the enterprise continues its green initiatives and complies with all the requirements to avail of the incentives.

 

Section 3. Tax Holiday Incentives. All qualifies and accepted applicants to the Investment Incentive Program shall enjoy the following Tax Exemption privilege for a period stated in Section 1, of this Article hereof, viz:

  • Exemption from payment of 40% Municipal Share of the Real Property Tax. This exemption of limited only to those real properties directly used in the business only.
  • Exemption from payment of all municipal licensing and permit fees. However, all participants in the Investment Incentive Program are still required to secure the Mayor's Permit and such other permits necessary to operate their business;
  • Exemption from listing on the assessment rolls or reclassified real property on the duration of the construction of factory/building on the business site until such time that business operation shall have started. Exemption period shall not exceed two (2) years.

 

Section 4. Non-Fiscal Incentives – The following assistance may be accorded to investors:

    • One stop documentation for simplified registration procedure with the assistance from the LEIPC;
    • Assistance in resolving issues and concerns with NGA's, NGO's and other service providers;
    • Support for industrial peace through reconciliation and mediation;
    • Assistance in securing electric power and water supply connection;
    • Coordination in the negotiation of special rates for utilities for industries with a certain minimum load, if feasible;
    • Assistance in site selection and negotiation for right of way;
    • Networking with concerned national agencies such as Techincal Education Skilla and Development Authority (TESDA) and other similar institutions for trainings of workers to enhance skills of manpower of the enterprise and assistance in identifying and sourcing of skilled human resources;
    • Facilitation of outbound and inbound missions of investors; and
    • Such other aftercare services that may be accorded to investors.

 

Section 4. Non-Applicability. The incentives granted under this Ordinance shall not apply to banking, financing and lending institutions, which are governed by the General Banking Act and under the supervision of the Bankgo Sentral ng Pilipinas.

 

Section 5. The incentives and privileges granted to the registered members of this Local Investment Incentives Ordinance are non-transferrable, except in the event of death or permanent incapacity of a participating member, where the incentives and privileges shall be transferred to the heirs of decedent in accordance with law on succession of the applicant is a natural person. Mergers, consolidation, buy-outs and the like of corporation shall be decided on a case-to-case basis by the Board, provided that when such movements are done to strengthen the corporation and increase the investments, then such movement may be treated as an expanding business.

 

ARTICLE VIII. CORPORATE SOCIAL RESPONSIBILITY (CSR) OF REGISTERED ENTERPRISES

Section 1. BOI-registered enterprises with projects under pioneer status must undertake Corporate Social Responsibility (CSR) activities. Those on non-pioneer status are encouraged to undertake CSR in accordance with the development plan of the community where the registered project is located.

            The following are examples of CSR projects of registered enterprises:

  • Urban Renewal, Greening or Re-Greening
      • Rehabilitation and restoration of buildings or other structures in accordance with the urban renewal or restoration plan of the LGU
      • Reforestation, rehabilitation, and urban greening or landscaping of major road sides; areas with historical or tourism value; areas in bio-geographic zones, especially key biodiversity areas; eroded slopes as technically appropriate based on assessment by competent authorities; public open spaces especially in residential and commercial areas including street islands, parks, promenades parking area peripheries, and the like, provided that the enterprise takes care of the maintenance of the trees and plants. Otherwise, reimbursement of the incentive granted shall be due and demanded should the trees and plants die ue to poor maintenance.
    • Social Projects
      • Housing for Employees
      • Educational Projects
      • Cultural Revivals
      • Programs for Women, Children, Elderly, Disabled, Out of School Youth and Indigenous People
      • Community infrastructure projects aligned with the development plan of the LGU and
      • Such other projects or activities based on the development needs of the community where the project is located or as identified by the National Anti-Poverty Commission (NAPC)

 

ARTICLE IX. ENVIRONMENTAL PROTECTION

 

Section 1. Environmental Impact Assessment

Environmentally critical projects or enterprises locating their activities or expansion projects in environmentally critical areas must comply with the requirements of Presidential Decree No. 1586 (Philippine Environmental Impact Statement System) and related issuances of the Department of Environment and Natural Resources (DENR) .

  • Hazardous Substances

In addition to the above, projects involving the handling, transport, processing and storage of toxic, hazardous substances and/or nuclear waste shall not be entitled to any incentives.

  • Specific Prohibitions
  • No industrial or manufacturing facility shall be operated without proper air pollution devices, wastewater treatment facilities, and solid waste management facilities
  • No industrial or manufacturing plant shall be operated at levels beyond the operating capacity of their respective waste treatment facilities in order to maintain the effluent quality within the standards require by law
  • All industrial and manufacturing establishments shall subject their operations and premises, facilities and systems to periodic environmental compliance monitoring, which shall be conducted by the LGU in coordination with the Department of Environment and Natural Resources. Refusal to be subject to such inspection shall be sufficient ground for the forfeiture of any incentive and the revocation of its Certificate of Registration and/or Business Permit.
  • Regulation

The Board shall ensure that the green and socially responsible projects undertaken by enterprises on public property shall be in harmony with the overall environmental management program of the LGU, as determined by the appropriate LGU office.

 

ARTICLE X – MANDATED APPROPRIATION

                     In order for the Municipal Investment Board to operate effectively and ultimately serve the purpose for which it has created, an initial amount of ONE HUNDRED THOUSAND PESOS (P 100,000.00) shall be appropriated which shall be taken from the Municipal Internal Revenue Allocation and/or Municipal Development Funds.

                     Thereafter, the Municipal Government shall annually appropriate funds in the amount of One Hundred Thousand Pesos (P 100,000.00) for three (3)-year period.

 

ARTICLE XI – REPEALING, SEPARABILITY CLAUSE AND PENAL PROVISION

 

Section 1. Repealing Clause. This ordinance hereby repeals all other ordinance and resolutions inconsistent with any provision of this Code.

 

Section 2. Separability Clause. The provisions of this Ordinance are hereby declared separable. Should any provisions herein be declared unconstitutional and unlawful, the invalidity of one or more provisions shall not affect the validity of other provisions thereof.

 

Section 3. Judicial Relief. All orders or decisions of the Board/Municipal Government in case involving the provisions of this Ordinance shall immediately be executory. Any appeal or petition from the aggrieved party adversely affected by this Ordinance may be filed in the proper court.

 

Section 4. Penal Provision. Any misrepresentation or violation of any provision of this Ordinance shall carry a fine of Two Thousand Five Hundred Pesos (P 2,500.00) or an imprisonment of nor more than three (3) months, or both, at the discretion of the court.

 

ARTICLE XII – EFFECTIVITY

                     This ordinance shall take effect Ten (10) days after its approval and publication once in a local newspaper of general circulation in the Province of Ilocos Norte and/or after posting in the Bulletin Board at the Municipal Building or in conspicuously and publicly accessible places in the municipality for three (3) consecutive weeks.

 

APPROVED:

 

Voted in favor:  Hon. Ruben C. Marcos, Hon. Enriqueto J. Cañete,    Hon. Lester S. Ballesteros, Hon. Joey S. Apostol, Hon. Samuel N. Demandante, Hon. Nathaniel Ruben D. Taylan II, Hon. Edilberto C. Gudoy

Voted against:  N o n e

Abstention:       N o n e

 

I HEREBY CERTIFY to the correctness of the above-quoted ordinance.

 

 

                                                                                                            LYDIA A. AQUINO

                                                                                                                  SB Secretary

ATTESTED:

 

                       JOEFREY P. SAGUID

                            Presiding Officer

                                                                                    APPROVED:

 

                                                                                                            ERDIO E. VALENZUELA                                                                                                                               Mayor

 

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