EXECUTIVE ORDER NO. 180
EXECUTIVE ORDER NO. 180 - AMENDING
EXECUTIVE ORDER NO. 155 ABOLISHING THE COUNCIL FOR INVESTMENTS IN
TRADE, INDUSTRY, TOURISM, AGRICULTURE, NATURAL RESOURCES,
TRANSPORTATION, COMMUNICATIONS AND SERVICES AND REFOCUSING AND
STRENGTHENING THE INVESTMENT ONE-STOP ACTION CENTER AND CREATING THE
POSITION OF INVESTMENT OMBUDSMAN
WHEREAS,
a more intensive generation of investments from local and foreign
investors is needed to sustain development efforts;
WHEREAS, there is a need to entrench new policies with new
administrative procedures at the implementation level to provide
assistance to current and potential investors and to enhance the
coordination and complementation efforts of government to promote
investments;
WHEREAS, Executive Order No. 136, s. 1987, created a Council for
Investments in Trade, Industry, Tourism, Agriculture, Natural
Resources, Transportation, Communications and Services to coordinate
investment development efforts of the government and to promote the
country as an attractive investment area in identified sectors;
WHEREAS, EO 136 further created an Investment One-Stop Action Center
(OSAC) under the Board of Investments to provide assistance to local
and foreign investors by providing information, advice, and guidance on
pertinent laws and procedures relative to doing business in the
Philippines and to accept and act on applications for investments;
WHEREAS, pursuant to the Cabinet agreement on 18 August 1992,
investment promotion units were established in key government offices
to assist OSAC in their respective areas;
WHEREAS, the President has continuing authority to reorganize the
administrative structure of the Office of the President pursuant to
Executive Order No. 292 (Administrative Code of 1987);
WHEREAS, under Sec. 77 of the General Provisions of Republic Act No.
8745 or FY 1999 General Appropriations Act, the President may direct
changes in the organization and key positions in any department, bureau
or agency; and
WHEREAS, there is a need to refocus and strengthen the OSAC in order to
be more responsive to the needs of investors in view of the highly
competitive global environment.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law and the
Constitution, do hereby order the following:
Section 1. Abolishing the Council for Investments. —
The Council for Investments in Trade, Industry, Tourism, Agriculture,
Natural Resources, Transportation, Communications and Services, created
pursuant to EO 136 s. 1987, is hereby abolished and its budget and
plantilla of personnel is hereby transferred to the Board of
Investments.
Sec. 2. Creating the Office of the Investment
Ombudsman. — There is hereby created an Office of the Investment
Ombudsman which shall be under the direct supervision of the Chairman
of the Board of Investments. It shall be headed by an Investment
Ombudsman who shall be appointed by the President upon recommendation
of the BOI Chairman.
The Investment Ombudsman shall be designated as a Special Deputy of the
Ombudsman.
The Investment Ombudsman shall be assisted by a Director for the
Complaints and Action Center for Investments and a Director for the
Quick Response One-Stop Action Center for Investments, both of whom
shall also be appointed by the President upon recommendation of the BOI
Chairman.
The Office of the Investment Ombudsman shall have a full-time staff
complement for the services directly supportive to the performance of
its functions.
Sec. 3. Renaming and Refocusing the OSAC . — The
Investment One-Stop Action Center of the Board of Investments, created
pursuant to EO 136, s. 1987 shall be transferred from the Board of
Investments and hereby re-named Quick Response One-Stop Action Center
for Investments (QROSACI) and shall be under the Office of the
Investment Ombudsman.
Sec. 4. Functions of the QROSACI . — The QROSACI
shall serve as clearing house for potential investors and undertake due
diligence on the capabilities of potential investors. In this regard,
the QROSACI shall undertake the following functions to assist investors
with the desired credentials:
a.
Provide advise, guidance and information on various laws, rules and
regulations governing investments and the conduct of business in the
Philippines, including incentives that can be availed of;
b. Facilitate
the processing of all investment-related requirements by concerned
agencies including local government units (e.g., licenses and permits,
importation, taxation, etc., by ensuring that all frontline agencies
perform their tasks within prescribed standards and parameters;
c. Coordinate
closely with the Investment Facilitation Specialists which shall be
part of a network providing current and prospective investors with
answers to technical and legal inquiries and fast action on the
approval of investment-related permits and licenses.
d. Improve
time and quality standards for processing of investment-related papers
in government agencies; and
e. Coordinate
with private sector organizations, the heads of which may be invited to
constitute an Advisory Council which shall provide information, advice
and feedback on the investment development efforts of the government.
f. Promulgate
rules of procedure for the effective exercise of its powers, functions,
and duties.
g. Perform
such other functions as may be directed by the President and/or the
Secretary of Trade and Industry.
Sec. 5. Coordinating Mechanism and Designation of
Investment Specialists. — The Investment Ombudsman shall establish a
coordinating mechanism for addressing investor concerns with the
following concerned government departments and agencies: Department of
Trade and Industry, Department of Finance, Department of Environment
and Natural Resources, Department of Agriculture and Food, Department
of Agrarian Reform, Department of Tourism, Department of Interior and
Local Government, Department of Justice, Bureau of Immigration, Bureau
of Customs, Bureau of Internal Revenue, the Housing Land Use Regulatory
Board and the Philippine National Police, to further enhance the
services of the QROSACI. For this purpose, Investment Facilitation
Specialists shall be designated by the aforementioned government
departments and agencies, whose rank shall not be less than third in
rank therein. The designation of the Investment Facilitation
Specialists shall be confirmed by a memorandum of agreement (MOA)
between the Investment Ombudsman and the head of the department or
agency within thirty (30) days after the Office of the Investment
Ombudsman becomes operational.
The Investment Facilitation Specialist should have authority to provide
the QROSACI and investors with answers to technical and legal inquiries
as well as take fast action on the approval of investment-related
permits and licenses submitted by the QROSACI. Whenever a more detailed
evaluation of documents and papers are necessary, the Investment
Specialist shall be responsible for monitoring the status of such
documents and papers and ensuring that they are returned to the QROSACI
and the applicant in the shortest possible time or within the
prescribed time period.
Sec. 6. Functions of the Investment Ombudsman. —
The Office of the Investment Ombudsman shall act as a Complaints and
Action Center for Investment and, as Special Deputy of the Ombudsman,
shall have the following powers and functions:
a.
Conduct Inquiries: Inquire into acts or omissions of any public
official or employee of the Government, or of any office, agency or
instrumentality thereof concerned with the entry of local and foreign
investments, including local government units and officials, which the
Investment Ombudsman may consider to be:
*
contrary to law or regulation;
*
unreasonable, unfair, oppressive, irregular or inconsistent with the
general course of the operations of a public officer, employee, office
or agency;
* an error in
the interpretation or application of law, rules or regulations, or a
gross or palpable error in the appreciation of facts;
* based on
improper motives or corrupt considerations;
* unclear or
indequately explained when reasons should have been revealed;
*
inefficiently performed or otherwise objectionable.
b. Direct
Performance: Direct, upon complaint of any investor, or at its own
instance, any public official or employee or any office, agency or
instrumentality, including local government units and officials, as
well as any government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required by law to
facilitate the entry of local and foreign investment, or to stop,
prevent and correct any abuse or impropriety in the performance of
duties.
c. Submission
of Documents: Direct, in any appropriate case, and subject to such
limitations as may be provided by law, any public official or employee,
or any office, agency, or instrumentality, including local government
units and officials, as well as any government-owned or controlled
corporation with original charter, to furnish copies of documents
relating to contracts or transactions entered into by such office
involving the entry of local or foreign investment or to examine, if
necessary, pertinent records and documents.
d. Request
Assistance and Information: Request any government agency or local
government unit for assistance and information necessary in the
discharge of its responsibilities.
e. Publicity
for Deterrence Purposes: With due prudence., publicize matters covered
by its inquiries or investigations when circumstances so warrant.
f. Recommend
Reforms: Determine the causes of inefficiency; red tape,
mis-management, fraud and corruption in the offices concerned with the
entry of local and foreign investment and make recommendations for
their elimination and the observance of high standards of ethics and
efficiency.
g. Promulgate
Rules: Promulgate its rules of procedure and exercise such other powers
or perform such functions or duties as may be provided by law.
* Sec. 6. Funding. — The Secretary of Budget and
Management is hereby directed to allocate funds from the Organizational
Adjustment Fund or from any available fund under the annual
appropriations of the government to support the Office of the
Investment Ombudsman.
Funds for the operations of the Office of the Investment Ombudsman
shall be released through the Secretary of Trade and Industry, subject
to the submission of the Staffing Pattern and Work and Financial Plan
to the Department of Budget and Management.
Sec. 7. Reporting System. — The Investment
Ombudsman, through the Secretary of Trade and Industry, shall submit
quarterly reports to the Office of the President on steps taken to
address investors concerns.
Sec. 8. Separability Clause. — In the event that
the provisions of this Executive Order are hereby declared to be
separable and in the event any provision or part thereof is declared
unconstitutional the other provisions or part thereof which are not
affected thereby shall remain in full force and effect.
Sec. 9. Repealing Clause. — All issuances, orders,
rules and regulations or parts thereof which are inconsistent with the
provisions of this Executive Order are hereby repealed or modified
accordingly.
Sec. 10. Effectivity. — This Executive Order takes
effect immediately.
DONE, in the City of Manila,
this 23rd day of November, in the Year of Our Lord, Nineteen Hundred
and Ninety-nine.
* Copied verbatim from documents obtained directly
from the Malacañang Records (duplicity of Sec. 6 ).