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On January 14, 2002, the Sangguniang Panlalawigan of Sarangani
Province enacted Ordinance No. 2002-020, or the Ordinance Enacting
the Sarangani Province Investments Code. It was signed by Gov.
Miguel D. Escobar on March 1, 2002.
Republic of the Philippines
OFFICE OF THE SANGGUNIANG PANLALAWIGAN
Alabel, Sarangani Province
EXCERPTS FROM THE MINUTES OF THE 2ND REGULAR SESSION OF THE 4TH SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF SARANGANI HELD ON JANUARY 14, 2002 AT THE SP SESSION HALL, ALABEL, SARANGANI AT 9:45 IN THE MORNING
Present:
HON. FELIPE K. CONSTANTINO Vice Governor, Presiding Officer
HON. CORNELIO C. MARTINEZ, JR. Board Member
HON. HERNANDO L. SIBUGAN Board Member
HON EUGENE L. ALZATE Board Member
HON. PYANG L. SINGCOY Board Member
HON JUANITO H. PURISIMA Board Member
HON TEODORICO F. DIAZ Board Member
HON. REDEMPTO Y. ABISO Board Member
HON MARLIND L. MARCELO Board Member
HON. JESUS H. DESEDILLA Board Member, FABC
HON LELIBETH L. CANILLO Board Member, PPSK
HON MARGIE P. RUDES Board Member, PCL
Absent:
None.
ORDINANCE NO. 2002-020
AN ORDINANCE ENACTING THE SARANGANI PROVINCE INVESTMENTS CODE
Be it ordained, as it is hereby officially ordained by the Sangguniang Panlalawigan of the Province of Sarangani that:
CHAPTER I
TITLE AND POLICY STATEMENT
Section 1. Title – This Ordinance shall be known as the Sarangani Province Investments Code.
Section 2. Policy Statement – It is hereby declared as the official standing policy of the Province of Sarangani to encourage local and foreign investors to establish productive, globally competitive, culture-sensitive and environmentally sound agri-industrial and eco-tourism industries in the Province, whether new, expansion or diversification projects in either the category of small, medium or large enterprises. The Province shall pursue this policy by providing fiscal and non-fiscal incentives to investors in preferred or priority investment areas in order to provide its people employment, livelihood opportunities and technology development. These investments are expected
to sustain the growth of the province and its municipalities while ensuring self-reliance and improvement of the quality of life of the constituents.
CHAPTER II
DEFINITION OF TERMS
Section 3. Definition of Terms – When used in this Code, the following terms, acronyms, and phrases shall mean as follows:
Code – shall refer to the Sarangani Province Investments Code.
Board – shall refer to the Provincial Board of Investments of Sarangani.
PBOI – shall refer to the Provincial Board of Investments of Sarangani.
Province – shall mean the Province of Sarangani, covering all the municipalities within the
territorial boundary of the Province as provided for by appropriate laws.
Preferred or Priority Investment Area – shall mean the economic activities that the
Board shall have determined and which the Sangguniang Panlalawigan shall have
approved, and declared as such and where investors are encouraged to infuse
investments and actualize investment projects.
P/PIA – shall also refer to preferred or priority investments areas.
New Enterprises – refer to a new investment or to an existing enterprise with plans to
diversify or expand to other business ventures which falls within the preferred or
priority investments areas (P/PIA) as defined by the Board, of which the place of
operation or production is within the territorial jurisdiction of the Province.
Existing Enterprises – shall refer to business establishments whose places of operation or
production are physically located within the territorial boundaries of the Province.
Registered Enterprises – shall refer to a business enterprise, whether owned and operated
by an individual, partnership, corporation, or cooperative duly recognized under Philippine laws and registered in accordance with the provisions of this Code.
Bonafide Resident – shall refer to a person with six (6) months residency in any of the
component municipalities of Sarangani Province, 18 years of age and above, and a duly
registered voter.
Committee – refers to the Consultative Committee.
Small and medium enterprise – refers to any business activity or enterprise, whether
engaged in industry, agri-business, or services, and regardless of whether it is a single
proprietorship, partnership, cooperative, or corporation whose asset size corresponds to
the following amounts:
Micro - Less than Php 1,500,001
Small - Php 1,500,001 to Php 15,000,000
Medium - Php 15,000,001 to Php 100,000,000.
Majority - refers to 50% plus one (1) of the members of the Board
Provincial Government – shall refer to the Provincial Government of Sarangani.
Provincial Business Center – shall mean the Office that shall be established in the
Province, which shall be tasked the primary role of assisting the Board on matters of
Investment policies, investments promotion, investments development, and in
facilitating the inflow and actualization of domestic and foreign investment projects in
Sarangani Province.
PBC – shall also mean the same as the Provincial Business Center.
CHAPTER III
THE PROVINCIAL BOARD OF INVESTMENTS OF SARANGANI
Section 4. The Board – There is hereby created the Provincial Board of Investments (PBOI) of Sarangani to implement the provisions of this Code.
Section 5. Composition – The PBOI shall be composed as follows:
Chairman : Provincial Governor of Sarangani
Vice-Chairpersons
Government Sector : Department of Trade and Industry
Sarangani Provincial Office
Private Sector : President
Sarangani Chamber of Commerce and Industry, Inc.
Members
1. President, Bankers Association of Sarangani Province
2. President, Municipal Mayor’s League of Sarangani Province
3. Chairman, Committee on Tourism, Economic Affairs, Trade and Industry of the
Sangguniang Panlalawigan
4. Chairman, Committee on Appropriations of the Sangguniang Panlalawigan of Sarangani
Province
5. Provincial Treasurer of Sarangani Province
6. Provincial Assessor of Sarangani Province
7. Provincial Planning and Development Coordinator of Sarangani Province
8. Provincial Agriculturist of Sarangani Province
9. Provincial Environment and Natural Resources Officer (PENRO) of the Department of
Environment and Natural Resources – Sarangani Province
10. Provincial Labor Officer of the Department of Labor and Employment – Sarangani
Province
11. Provincial Director of the Philippine National Police-Sarangani Police Command
12. Representative, Non-Government Organization (NGO)
13. Representative, Federation of Cooperatives
Secretariat : The Provincial Business Center
Section 6. Board Meetings and Quorum – The Chairman of the Board, shall as often as necessary, call for a meeting, the schedule and frequency of which shall be determined in its organizational meeting, but in no case should exceed two (2) meetings a month, one regular and one special.
Provided, that a request to call for such a special meeting shall be agreed upon and made by a majority of the members of the Board. Such a request shall automatically mandate the Chairman of the Board to call for a meeting of the Board. The presence of at least a majority of the members of the Board shall constitute a quorum, and a majority of the quorum of a meeting shall be required for the Board to exercise its powers and functions.
Members of the Board shall be entitled to receive honoraria in their attendance to Board meetings at a rate not to exceed the amount of One Thousand (Php 1,000.00) pesos per meeting and said honoraria shall be paid for from appropriate funds of the Provincial Government.
Section 7. Powers and Functions – The primary function of the Board shall be to establish a sustaining, favorable, and stable policy on business climate which will encourage and support private sector investments and in the operation of business activities consistent with the development needs of the Province. Pursuant thereto, the Board is hereby vested the following powers and functions:
1. To promulgate the governing Implementing Rules and Regulations (IRR) as may be deemed necessary to implement the intent and provisions of this Code, taking into consideration the holistic development of the Province and in safeguarding the economic, social, and ecological well being of its communities and people;
2. To conduct or cause the conduct of economic and technical research and studies purposely to rationally identify the preferred or priority investment areas to be promoted as well as the appropriate fiscal and non-fiscal incentives and government support measures that shall be extended with the end in view of attracting investors into these preferred or priority investment areas or business activities.
3. To formulate and adopt a short, medium, and long-range investments promotion and development plan, which shall, among others, spell-out the Province’s preferred or priority investment areas and activities as well as the corresponding incentives and support measures to be used to attract investors;
4. To evaluate and approve applications of business enterprises availing the incentives set forth in this Code, subject to the satisfaction of qualifications and completion of registration requirements;
5. To establish a Provincial Business Center that shall, upon the commencement of its operation, act as the Secretariat of the Board and assist the Board in all activities pertinent to and concerning investment policies, investment promotion, and investment development and assistance. As such, the Board shall supervise the same in its operations especially in the implementation of the provisions of the Code;
6. To source out the necessary funds sufficient to continuously and successfully operationalize the Provincial Business Center and fully implement the provisions of this Code;
7. To review the investment policies set forth in this Code, and formulate and recommend necessary amendments and revisions thereto, if there is any, to the Sangguniang Panlalawigan for its consideration; and
8. To enter into any agreement with other government entities and/or private sector organizations for the purpose of carrying out the planning and implementation of specific, appropriate, and responsive plans, programs, projects, and activities and the operating systems and procedures necessary to carry out the successful implementation of the Provincial Investments Promotion and Development Plan of Sarangani.
CHAPTER IV
THE PROVINCIAL BUSINESS CENTER OF SARANGANI
Section 8. The Provincial Business Center – There is hereby created the Provincial Business Center purposely to assist the Board in all of its activities pertinent to and concerning investment policies, investment promotion, and investment development and assistance. As such,
the Board shall supervise the same in its operations especially in the implementation of the provisions of the Code.
Section 9. Timeframe for the Establishment and Existence of the Provincial Business Center – Immediately within sixty (60) days after the day the Board had been constituted, the Board shall establish the Provincial Business Center, providing therefor its manpower, logistical and funding requirements, in accordance with existing laws, rules, and regulations.
The Provincial Business Center shall be classified as a regular divisional office under the Office of the Provincial Governor. As such, its existence shall be categorized as permanent and may only be dissolved upon the unanimous recommendation of the Board and upon the approval of at least a two-thirds vote of the Sangguniang Panlalawigan.
Section 10. Staff Complement – The following positions are hereby created to compose the staff complement of the Provincial Business Center:
1. One (1) Economist V (SG 24/Level 2);
2. One (1) Economist IV (SG 22/Level 2);
3. Two (2) Economist III (SG 18/Level 2);
4. One (1) Computer Programmer II (SG 15/Level 2); and
5. Other necessary positions that the Board may recommend to the Sangguniang
Panlalawigan.
The Board, on its organizational meeting, shall in addition to the qualification standards set by the Civil Service Commission, determine the qualification standards and the specific duties and functions of each staff position.
Section 11. Duties and Responsibilities – The Provincial Business Center shall have the following duties and responsibilities:
1. To serve as the Secretariat of the Board;
2. To pre-evaluate applications of business enterprises availing the incentives set forth in this Code, subject to the satisfaction of qualifications and completion of registration requirements, and recommend the same to the Board for its appropriate action;
3. To conduct appropriate and relevant studies, gather and analyze pertinent facts and figures, and inform the Board on international, national and local issues affecting the dynamics of investments;
4. To implement the annual investment promotions and development plan that shall be formulated and approved by the Board;
5. To spearhead the production, publication and dissemination of investment promotions collaterals and whenever needed, conduct briefings to investors and other interested parties;
6. To establish and maintain an appropriate databank and a library of literature regarding investments and other economics-related materials;
7. To assist investors in the satisfaction and completion of all requirements demanded of them by law and, therefore, facilitate the actualization of investors intended investment projects in the Province;
8. To assist the Board in receiving, processing, and approving investment registration applications and in the administration of incentives as provided for under this Code;
9. To represent the Province of Sarangani in trade and investments meetings, conferences, for a, conventions, and other similar gatherings in both domestic and foreign venues whenever so directed by the Board;
10. To perform such other functions as may be directed by the Board.
CHAPTER V
THE CONSULTATIVE COMMITTEE
Section 12. Composition – Within sixty (60) days from the date of effectivity of this Ordinance, the Board shall create a Consultative Committee composing the sectors of women, youth, senior citizens, physically handicapped persons, religious, academe, fisherfolks, business, labor, government, agrarian, farmers, indigenous peoples, and Muslims.
The number of persons composing the Consultative Committee shall not exceed fifteen (15), and Committee members shall hold office for a duration of not more than one (1) calendar year, unless otherwise re-appointed by the Board.
With due cause and for valid reasons, the Board shall have the prerogative to replace singly or wholly, at any time of the one (1) year the composition and membership of the Committee.
The Consultative Committee may be dissolved upon the unanimous recommendation of the Board and upon the approval of at least a two-thirds vote of the Sangguniang Panlalawigan.
Section 13. Duties and Functions – The Consultative Committee shall assist the Board in the selection of preferred or priority investment areas as well as in the formulation of appropriate incentives and other support services to investments.
CHAPTER VI
INVESTMENT PRIORITIES
Section 14. Preferred or Priority Investment Areas – Within ninety (90) days from the date of effectivity of this Ordinance, the Board, in consultation with the Consultative Committee and concerned Municipal Governments, and to be assisted by the Provincial Business Center, shall identify the Preferred or Priority Investment Areas of Sarangani Province. The identification of P/PIA shall be done on a per municipality basis.
The Board shall immediately publish the list of P/PIA upon approval by the Sangguniang Panlalawigan.
Investment projects listed and categorized, as P/PIA shall be entitled to avail of incentives as provided for in this Ordinance.
Corollary to the Policy Statement, the P/PIAs are to be promulgated to attract investors in investment areas and projects, which shall contribute to the acceleration of agri-industrial and eco-tourism development of the Province and the enhancement of the socio-economic life of its constituents without causing degradation to the environment and without disrupting the peace and order condition of the Province.
Section 15. Review of Preferred or Priority Investment Areas – The Board shall conduct an annual review of the list of P/PIA, in consultation with concerned LGUs. The review shall be done preferably during the last quarter of each year.
At the culmination of the review process, the Board is hereby required to submit to the Sangguniang Panlalawigan, not later than the end of the year of review, its approved proposed P/PIAs for the succeeding year.
The Sangguniang Panlalawigan, subject to its deliberations, revisions, and finalization, shall approve a new P/PIAs not later than January of the succeeding year.
ARTICLE VII
APPROPRIATE INCENTIVES AND SUPPORT MEASURES
Section 16. Appropriate Incentives and Support Measures – In order to promote the growth of investments in the Province in general, and in the municipalities as well as the preferred investment areas and business activities, in particular, the Board shall identify and recommend for approval of the Sangguniang Panlalawigan the necessary and appropriate incentives and support measures, which the Provincial Government may extend to qualified investors to avail.
Section 17. Effectivity of Incentives and Support Measures – The Board shall review the package of appropriate incentives and support measures every two (2) years. However, at any time prior to or after the holding of the regular review process that may be conducted every two (2) years, the Board may, after careful and judicious reckoning, add to or delete from, an area or activity in the list of P/PIA and activities, in consultation with concerned LGUs, and subject to the approval of the Sangguniang Panlalawigan.
The deletion may be done only after the Board has proven that sufficient investment in specific areas or activities have already been attained. Likewise, where it can be reckoned that the continued extension of incentives or support measures for the expansion of said areas or activities may place the interest of the Province, the municipalities and the public in adverse position.
Further, the Board may also delete an investment area or activity from the list where it is convinced that investment in such area or activity in the Province cannot be attracted within reasonable cost, or may result in creating an unfavorable business climate.
Still further, the Board may add to the list specific areas of investment activities, which it may deem necessary and beneficial to the development of the provincial economy, in consultation with the LGUs.
The decisions of the Board on the matter of deleting specific preferred or priority investment areas or activities from the list or the inclusion of newly identified specific areas of investment or activities in the list shall be made publicly known one day after such decisions is made, with the use of any appropriate information dissemination medium.
The effectivity of any amendment made on the list of preferred or priority investment areas or activities shall commence immediately after the approval and publication of said amendment.
CHAPTER VIII
QUALIFICATION REQUIREMENTS AND REGISTRATION OF ENTERPRISES
Section 18. Qualifications for New Enterprises – All new enterprises intending to avail of the incentives as provided in this Code must be able to satisfy all of the following requirements:
1. The business enterprise must have complied with all the requirements mandated under existing local and national laws and the Philippine Constitution;
2. The enterprise must show proof of financial capacity and capability to undertake the establishment and operation of the intended project;
3. The prospective investor’s place of operation or production shall be located within the territorial jurisdiction of the Province;
4. The prospective investment must engage in any of the areas or activities cited in the P/PIA as may hereafter be declared by the Board and hereafter approved by the Sangguniang Panlalawigan;
5. The new enterprise must have an initial capital of not less than Ten Million (Php 10,000,000.00) pesos;
6. The new enterprise shall provide to bonafide residents of the Province full-time or regular job of not less than 20% of the job opportunities it generates; otherwise, it shall provide not less than 30% of the contractual job opportunities it generates.
7. The new enterprise must secure from the Regional Office of the National Commission on Indigenous Peoples a Free and Prior Informed Consent (FPIC) should the proposed site of investment be located within the ancestral domain claim of the indigenous peoples.
Section 19. Qualifications for Existing Enterprises – Any existing enterprise may avail of the incentives under this Code provided that the following qualifications are met:
1. The business enterprise must have complied with all the requirements mandated under existing local and national laws and the Philippine Constitution;
2. The intended expansion or diversification of the enterprise must engage in any of the specifically identified preferred or priority investment areas as may hereafter be declared by the Board;
3. The enterprise must show proof of financial capacity and capability to undertake the expansion or diversification project and its operation;
4. The existing enterprise whose place of operation or production is already located within the territorial confines of the Province, but which intends to undertake any of the following:
a. Relocate its principal office from other places of the country to Sarangani Province; or
b. Expand its existing production capacity or construct new buildings and other civil works for the installation of new machinery and equipment or improvements thereof which will result in an increase in production capacity;
5. The expansion or diversification shall have a project cost in the scale as cited under Paragraph 5, Section 18, Chapter VIII of this Code, provided, that the amount of capitalization shall be based on the total project cost of such expansion or diversification as stated in the investor’s project study submitted to and approved by the Board; and
6. The expansion or diversification project will provide employment to bonafide residents of the Province in accordance with the numbers and scale as provided for under Paragraph 6, Section 18, Chapter VIII of this Code.
7. Existing enterprise must secure from the Regional Office of the National Commission on Indigenous Peoples a Free and Prior Informed Consent (FPIC) should the proposed site of the expansion project be located within the ancestral domain claim of the indigenous peoples.
Section 20. Registration Requirements – Application for registration by any and all interested enterprises, whether new or existing, shall be secured and filed with the Board through the Provincial Business Center. All applications shall be recorded in a registration book and the date appearing therein and stamped on the application shall be considered the date of official receipt thereof.
A non-refundable filing fee of One Thousand Five Hundred (Php 1,500.00) Pesos shall be paid by the applicant together with the submission of the following documents for registration:
1. Three (3) copies of duly completed application form. The form shall be provided to the applicant by the Board through the Center in accordance with the provisions of this Code;
2. A complete copy of the project feasibility study of the proposed investment;
3. A complete copy of the Environmental Impact Study.
4. A copy of the Environmental Clearance Certificate.
5. A copy of the Articles of Incorporation and By-Laws, in the case of a corporate or partnership entities, as approved by the Securities and Exchange; Articles of Cooperation and By-Laws in the case of a cooperative, as approved by the Cooperative Development Authority; or Business Name Registration, in the case of a sole proprietorship.
6. A resolution authorizing the filing of application by the Board of Directors of the applicant firm, in the case of a corporation and cooperative; and
7. For existing enterprises, a copy of the last years audited Financial Statement of the applicant firms.
Section 21. Registration Procedures and Approval of Applications – The Board shall formulate appropriate rules and regulations to facilitate final action on applications filed with it to prescribe criteria for the evaluation of applications, and to devise standard forms for use by the applicants.
Section 22. Certificate of Registration – Under this Code, an approved applicant enterprise shall be considered a registered enterprise, and as such, legally entitles it to fully avail of any and/or all of the incentives that this Code so provides for. A registered enterprise shall be issued a Certificate of Registration duly signed by the Board’s Chairman and/or such other officially designated officer of the Board in such style and form as the Board may determine.
CHAPTER IX
RIGHTS AND PRIVILEGES
Section 23. Rights and Privileges – The Provincial Government of Sarangani guarantees registered enterprises to their full entitlement to the rights and privileges provided by law and the Constitution. In addition to such rights and guarantees, the Provincial Government, through the Board, shall:
1. Provide to prospective investors a concise and comprehensive information on the economic priorities of the Province, target investment areas, and the general conditions applicable to incoming direct private investments;
2. Communicate to investors and the general public the investment evaluation criteria and procedures to enhance transparency in the process of granting incentives;
3. Take into account the need of investors for an assured and continued industrial peace, stability, growth, and profit in their operations whenever the Board has to formulate or modify policies and ordinances that affect investments and trade in the Province;
4. Not interfere or modify arrangements with investors after the details for the implementation of an investment project has been accepted and approved by it, and the ownership and management structure of the enterprise has been established, unless otherwise provided for by law;
5. Avoid and/or prevent undue distortion of competition between or among enterprises operating within the territorial jurisdiction of the Province, whether domestic or foreign, when granting any special exemption or incentives aimed at encouraging investment in the identified preferred or priority investment areas;
6. In accordance with law, and where no local personnel or worker is capable and available, reasonably allow the employment of qualified foreign personnel if this is deemed necessary for the efficient operation of the enterprise, or when such is deemed needed for successfully carrying out a technology transfer undertaking of the enterprise;
7. Resolve all doubts and/or conflicts concerning the benefits, privileges, and incentives granted under this Code or in other local Ordinances enacted for the purpose of encouraging investments.
CHAPTER X
INCENTIVES TO REGISTERED ENTERPRISES
Section 24. Fiscal Incentives – All enterprises registered under this Code, in addition to the incentives as provided for by the Omnibus Investments Code of 1987 (Executive Order 226), the Foreign Investments Act of 1991 (Republic Act 7042), and other laws granting fiscal incentives including and not limited to the Local Government Code of 1991 (RA 7160), shall be entitled to enjoy to the fullest extent, the following fiscal incentives from the Provincial Government:
1. Full exemption from payment of the 30% Provincial Government share on Tax on Sand, Gravel and other Quarry Resources during the construction period but not to exceed two (2) years; provided, that the sand, gravel or other quarry resources are used as materials for the construction of buildings and other facilities of the investment project. Provided further, that at least sixty percent (60%) of the labor component in the construction are residents and registered voters of Sarangani Province;
2. Exemption from payment of Provincial Government’s thirty-five percent (35%) share from the basic real property tax for a maximum period of four (4) years from the date the enterprise is registered with the Board, based on the following schedule:
a. First year - 100% exemption
b. Second year - 75% exemption
c. Third year - 50% exemption
d. Fourth year - 25% exemption
e. Fifth year - full payment
3. Full exemption from annual payment of Governor’s Permit fees for a period of not more than five (5) years from the date the enterprise was registered with the Board;
4. If applicable, fifty percent (50%) exemption from annual payment of Amusement Tax (Provincial share only) for a period of three (3) years from the start of commercial operation;
5. Fifty percent (50%) discount from rental rates of Provincial Government
owned/controlled and/or operated light and heavy equipment during construction period but not to exceed two (2) years, provided, that the discounted daily rental rate for an eight-hour use per day does not include the salary of the equipment operator and fuel consumption.
Section 25. Non-Fiscal Incentives – Aside from the fiscal incentives stated in the foregoing section, the following non-fiscal measures are herein provided purposely to assist investors in successfully accomplishing their activities prior to, during, and after the registration of their businesses:
1. The establishment of the Provincial Business Center that shall be equipped with business support facilities and equipment, which shall be accessible and made available to all enterprises registered with this Code;
2. Provision of the following services through the Provincial Business Center:
a. Business documentation and registration facilitation;
b. Internet access;
c. Access to business information;
d. Business matching;
e. Guided industrial tour within Sarangani Province; and
f. Other services that may be authorized by the Board; and
3. Such other non-fiscal measures that may from time to time be promulgated by the Board, subject to the approval of the Sangguniang Panlalawigan.
Section 26. Municipal Incentives – Qualified investors may also avail of additional fiscal and non-fiscal incentives from LGUs with approved Investments Code.
CHAPTER XI
FINAL PROVISIONS
Section 27. Appropriations – An initial amount of Three Million (Php 3,000,000.00) pesos shall be allocated by the Provincial Government for the implementation of the Provincial Board of Investments (PBOI) and the establishment and operationalization of the Provincial Business Center, and all other provisions of this Code.
Thereafter, the Provincial Government through the Sangguniang Panlalawigan, and based upon the proposed budget presented by the Board, shall annually appropriate for the funding requirements deemed necessary for the continued and effective implementation of the provisions of this Code, subject to the usual government accounting and auditing procedures, rules, and regulations.
Section 28. Penal Provisions – Any violation of the provisions of this Code and other existing local and national laws, ordinances, rules and regulations committed by any registered enterprise, shall be ground for the cancellation or revocation of the registration of the enterprise and the withdrawal of all the incentives granted under this Code by the Provincial Government.
Further, any violation of the provisions of this Code committed by any official of the Provincial Government shall be dealt with according to the gravity of the violation or offense committed and in accordance with the provisions of the Revised Penal Code of the Philippines and such other applicable laws of the land.
Section 29. Separability Clause – It is hereby declared that the provisions of this Code are separable, and in the event that one or more of the provisions are judicially declared illegal or unconstitutional by a competent Court, the validity of the other provisions shall not be affected, and shall continue to be in force and effect.
Section 30. Repealing Clause – All ordinances, executive orders, rules, and regulations inconsistent or in conflict with the provisions of this Code are hereby repealed, amended, or modified accordingly.
Section 31. Implementing Guidelines – Within thirty (30) days from the date of effectivity of this Code, the Provincial Governor, assisted by the Department of Trade and Industry – Sarangani Provincial Office and the Provincial Planning and Development Office, shall formulate the appropriate Implementing Rules and Regulations (IRR) of this Code.
Section 32. Effectivity – This Ordinance shall take effect immediately upon its approval and shall continue to be in full force and effect unless otherwise totally rescinded by the Sangguniang Panlalawigan.
Section 33. Publication – For the information of prospective investors, the business community, and the general public, the Provincial Information Office of Sarangani is hereby tasked to cause the publication and circulation of this Code to the widest readership as may be possible.
ENACTED. January 14, 2002.
I hereby certify to the correctness of the foregoing Ordinance which was enacted by the Sangguniang Panlalawigan on its 2nd Regular Session on January 14, 2002.
(Sgd.) JOSE N. VILLANUEVA, JR.
Secretary to the Sanggunian
ATTESTED AND CERTIFIED DULY ENACTED
(Sgd.) HON. FELIPE K. CONSTANTINO
Vice Governor, Presiding
Date: January 24, 2002
APPROVED:
(Sgd.) ATTY. MIGUEL D. ESCOBAR
Governor
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