Philippine Economic Zone Authority

Republic of the Philippines )
) S.S.
Pasay City )

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) is entered into this _____ day of September 2002 at Pasay City, by and between:

PHILIPPINE ECONOMIC ZONE AUTHORITY, a government corporation created and operating under Republic Act No. 7916, as amended, with office address at Almeda Building, Roxas Boulevard corner San Luis Street, Pasay City, represented herein by its Director General, LILIA B. DE LIMA, who is duly authorized, and is hereinafter referred to as the “PEZA”,

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PASAY CITY GOVERNMENT, a local government unit, with office address at Pasay City Hall, F. B. Harrison Road, Pasay City, represented herein by its Mayor WENCESLAO B. TRINIDAD, who is duly authorized, and is hereinafter referred to as the “Pasay City Government”.

WITNESSETH:

WHEREAS, the National Building Code of the Philippines (NBCP) requires owners / operators of buildings, establishments and facilities, as well as enterprises that occupy or use them, to secure and / or annually renew Building, Occupancy and other related Permits from the Building Officials of their local government units (LGUs);

WHEREAS, PEZA is authorized to enforce and administer the NBCP inside the PEZA-registered economic zones by virtue of Presidential Decree (PD) 1786 issued on 15 January 1981, amending PD 66 (The Export Processing Zone Authority (EPZA) Charter), in relation to Republic Act (RA) 7916 (The Special Economic Zone Act of 1995) and Executive Order (EO) 282 dated 30 October 1995;

WHEREAS, in PEZA-registered Information Technology (IT) parks and buildings, which are special economic zones (SEZs) that provide not only facilities for the use of PEZA-registered IT enterprises but also services and amenities that are desired by IT executives and workers, the concerned LGUs have expressed the view that PEZA’s exercise of its authority as Building Official for the administration of the NBCP should be limited only to PEZA-registered locator enterprises;

WHEREAS, in consideration of the foregoing, the PEZA Board, in its Meeting held on 11 October 2001, passed Resolution No. 01-310 limiting the authority of PEZA to enforce and administer the NBCP to PEZA-registered locator enterprises in IT Parks and Buildings and allowing the LGUs concerned to instead issue the NBCP permits to the non-PEZA registered enterprises in the Parks / Buildings;

WHEREAS, the PEZA board has clarified/qualified that the issuance of NBCP permits for buildings / structures and other facilities which are not for the exclusive use of PEZA-registered locator enterprise, even if such buildings/structures and facilities are established by PEZA-registered Enterprise, shall be passed on to the LGUs concerned;

WHEREAS, the Pasay City Government is willing to henceforth take on the authority enforcing and administering the NBCP in the SEZs in Pasay City, including IT Parks / Buildings and other SEZs, established / to be established under RA 7916, particularly over non-PEZA registered locators/establishments and buildings / structures and other facilities which will not be used exclusively by PEZA-registered locator enterprises, subject to the provisions of this MOA;

WHEREAS, the Pasay City Government is willing to recognize the validity of all NBCP permits for buildings / structures and facilities in SEZs located in Pasay City previously issued by PEZA, said permits having been issued in accordance with the responsibility of the Building official, i.e. verification that the plans / specifications meet the minimum requirements of the NBCP and validation of the technical qualifications and professional registration of the designer / preparer of technical specifications who are the ones responsible for the acceptability and structural integrity of the building / structure; provided that PEZA shall remain fully responsible and accountable for the issuances of said permits and developments which may occur related to matters covered by said permits issued;

WHEREAS, PEZA and Pasay City Government are both willing to coordinate and cooperate for the timely issuance of NBCP permits required for buildings / structures and facilities in the SEZs located in Pasay City.

NOW THEREFORE, for and in consideration of the foregoing premises, the parties to this MOA have agreed to the following:

1. This MOA shall pertain to the administration of the NBCP in the SEZs in Pasay City, including IT Parks / Buildings and other SEZs, established / to be established under RA 7916, particularly for establishments and facilities that will not be registered with PEZA, as well as buildings / structures and facilities to be constructed by PEZA-registered Enterprises but which will not be used exclusively by PEZA-registered locator enterprise;

2. PEZA shall limit its exercise of its authority to administer the NBCP only to the issuance of all permit under the NBCP and the annual renewal of such permits, including the collection of prescribed fees relative thereto, for:

a. PEZA-registered locator enterprises; and
b. Buildings/Structures and facilities established by PEZA-registered Enterprises for the exclusive use of PEZA-registered locator enterprises.

3. The Pasay City Government shall recognize the validity of all Building, Sanitary / Plumbing, Electrical and Mechanical Permits already issued by PEZA for buildings / structures and facilities in SEZs located in Pasay City, provided that PEZA shall remain fully responsibly and accountable for the issuances of said permits and developments which may occur related to matters covered by said permits issued, provided further that the Pasay City Government shall be fully responsible and accountable for any subsequent alteration to the original building/structure covered by permits issued by PEZA;

4. The Pasay City Government shall be responsible for the issuance of all permits under the NBCP and the annual renewal of such permits, including the collection of prescribed fees relative thereto, for:

a. Non-PEZA registered enterprises; and
b. Buildings / structures and other facilities which are not for the exclusive use of PEZA-registered locator enterprises, even if such buildings / structures and facilities are established by PEZA-registered Enterprises.

5. The Pasay City Government shall arrange for the Bureau of Fire Protection to issue the corresponding Fire Safety Inspection Certificate and annual renewal thereof, as well as permits / clearances required under the Fire Code of the Philippines (FCP);

6. The Pasay City Government shall collect the prescribed fees for all NBCP permits it shall issue;

7. This MOA may be amended or revoked upon mutual agreement of both parties, provided that all amendments shall be covered by Supplemental Provisions signed by both parties which shall be incorporated as integral parts of this MOA.

8. This shall take effect immediately.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the date and that the place first above written.

PHILIPPINE ECONOMIC ZONE PASAY CITY GOVERNMENT
AUTHORITY

By: By:

LILIA B. DE LIMA WENCESLAO B. TRINIDAD