Professional Documents
Culture Documents
MENDOZA
OF SUBIC BAY
PANDIAN
PASTRANA METROPOLITAN
QUIBLAT
REJANO
REYES
AUTHORITY
TOWARDS THE
INDUSTRY
CHAPTER 1:
INDTRODUCTION
BACKGROUND OF THE STUDY
• Government Owned and/or
Controlled Corporation (GOCC) is
an agency organized as a stock
or non-stock corporation, vested
with functions relating to public.
BACKGROUND OF GOCC Governance Act of 2011.
THE STUDY • Subic Bay Metropolitan Authority
(SBMA) is a Government Owned
and Controlled Corporation
tasked with the management and
administration of the Subic Bay
Freeport Zone.
• SBMA is the operating arm of the
Government of the Philippines
for the development of the area
BACKGROUND OF of Subic Bay Freeport into a self-
THE STUDY sustaining tourism, industrial,
commercial, financial, and
investment center to generate
employment opportunities.
• The said area was a former US
Naval facility in Subic Bay for
almost ninety (90) years and
BACKGROUND OF was turned over to the
THE STUDY Philippines after the Philippine
Senate rejects the renewal of the
1947 US-Philippines Military
Bases Agreement.
• The Philippine Congress passed
Republic Act No. 7227 also
known as the “Bases Conversion
and Development Act of 1992”
BACKGROUND OF in the anticipation of the pullout
THE STUDY of the US in the country and
Section 13 of Republic Act No.
7227, as amended by Republic
Act No. 9400, created SBMA
which states that:
“SECTION 13. The Subic Bay Metropolitan
Authority -
BASES CONVERSION (a) Creation of the Subic Bay
A N D D E V E LO P M E N T Metropolitan Authority - A body corporate to
AC T O F 1 9 9 2 , S E C . 1 3 be known as the Subic Bay Metropolitan
(A) Authority, is hereby created as an operating
and implementing arm of the Conversion
Authority.”
• SBMA has a total of twenty
seven (27) departments and this
2019 the Chairperson and
Administrator is Atty. Wilma T.
BACKGROUND OF Eismaand she is tasked to
THE STUDY develop and maintain the
agency’s sound financial and
internal control structure in
alignment with the country’s
strategic plans and policies.
• The current mission for SBMA is
to grow the Freeport to be an
environmentally sustainable
community where locators are
BACKGROUND OF ahead of their competitors and
THE STUDY their stakeholders enjoy the
highest quality of life also
SBMA’s vision is to be the
leading Eco-urban Freeport in
Southeast Asia.
• SBMA does not just hold
authority to the Subic Bay
Freeport Zone but as a Special
BACKGROUND OF Economic Zone. Republic Act No.
THE STUDY 7227, as amended, also created
the Special Economic Zone for
Subic under Section 12 that
states:
“Subject to the concurrence by resolution of
the sanggunian panlungsod of the City of
Olongapo and the Sangguniang bayan of
Subic, Morong and Hermosa, there is hereby
created a Special Economic Zone and
Freeport Zone consisting of the City of
Olongapo and the Municipality of Subic,
SECTION 12. THE Province of Zambales, the lands occupied by
SUBIC SPECIAL the Subic Naval Base and its contagious
ECONOMIC ZONE extensions as embraced, covered, and
defined by the 1947 Military Base Agreement
between the Philippines and the United
States of America as amended, and within
the territorial jurisdiction of the
Municipalities of Morong and Hermosa,
Province of Bataan, hereinafter referred to as
Subic Special Economic Zone…..”
Free zones and Special Economic Zones
are are different from one another that
the former is considered as a separate
customs territory under existing laws
and regulations but it does not
necessarily mean that it is separate
from the Philippine State.
BACKG ROUND
OF THE
STUDY
All laws of the country, other than
customs and tariff laws, remain
applicable even within the boundaries
of the free zones.
STATEMENT OF THE PROBLEM
MAIN RESEARCH PROBLEM
SIGN IFI C AN C E OF
T H E ST UDY
To explore warehousing inside SBMA in relation
to the subject CUS05B entitled Warehousing in
General
REPUBLIC ACT
NO. 9400 OTHERWISE KNOWN AS THE
BASES CONVERSION AND
DEVELOPMENT ACT OF 1992,
AND FOR OTHER PURPOSES’
‘AN ACT PROVIDING FOR THE
LEGAL FRAMEWORK AND
MECHANISMS FOR THE
CREATION, OPERATION,
R E P U B L I C AC T N O.
ADMINISTRATION, AND
7 9 1 6 A S A M E N D E D BY COORDINATION OF SPECIAL
R E P U B L I C AC T N O. ECONOMIC ZONES IN THE
8748
PHILIPPINES, CREATING FOR THIS
PURPOSE, THE PHILIPPINE
ECONOMIC ZONE AUTHORITY
(PEZA) AND FOR OTHER
PURPOSES’
CHAPTER II:
REVIEW OF RELATED LITERATURE
EXPORT PROCESSING ZONES: A
CONCEPT
Special Economic Zones (SEZ) are one of the
centrepieces in the economic development
policy in the world.
( D U M AYA S , 2 0 1 8 )
attract investments
SPECIAL
ECONOMIC ZONE
( C A RT E R A N D H A R D I N G , 2 0 1 1 )
promote exports
generate employment
FREEPORT ZONE: A CONCEPT
free zones are a separate
customs territory
( F R E E Z O N E S - A S E PA R AT E
C U S T O M S T E R R I T O RY , Goods are normally termed as
2008)
admissions
( PAY U M O , 2 0 1 0 )
without the payment of duties
and taxes
SPEC IAL
EC ONO MIC ZON E
zone Incentives structure,
( A G G A RWA L , 2 0 1 0 )
objectives
location, ownership
from facilitating trade and
generating employment
E VO LU T I O N O F
E S TA B L I S H M E N T O F
SPECIAL ECONOMIC
ZONE
to fostering high-skilled and
high-technological
activities, stimulating
economic activity, and
diversifying export
composition
FROM THE TRADITIONAL TAX RELATED INCENTIVES
labor policies,
industrial
and corporate
policies,
taxation.
stand-alone industrial
estates
E VO LU T I O N O F
STRUCTURE OF
SPECIAL ECONOMIC
ZONE
integrated industrial
townships
E V O LU T I O N O F
ECONOMIC ACTIVITIES
OF SPECIAL ECONOMIC
ZONE
TRADE-ORIENTED AND TO HIGH-TECHNOLOGY
LABOR-INTENSIVE INTENSIVE
located near the port
areas
E VO LU T I O N O F
LO C AT I O N PATT E R N S
OF SPECIAL
ECONOMIC ZONE various parts of the country
with the aim of integration
with the main country
Static economic
benefits
O U TC O M E O F
ASSESSMENT OF
THE PERFORMANCE
OF ECONOMIC ZONE
Dynamic economic
benefits
short term and pertains to
outcomes when economic zones
are used as instruments of trade
and investment policy
STATIC
ECONOMIC MEANS OF MEASUREMENT:
BENEFITS
Section 12 of RA 7227
Section 12. Subic Special Economic Zone - xxxxxxxxxxx
(b) xxxxxxxxxxxxxx However, exportation or removal of goods from the territory of the
Subic Special Economic Zone to the other parts of the Philippine territory shall be subject to
customs duties and taxes under Tariff Code and Customs Code of the Philippines, as amended,
and other relevant tax laws of the Philippines;
(c) xxxxxxxxxxxx In lieu of said taxes, a five percent (5%) tax on gross income earned
shall be paid by all business enterprises within the Subic Special Economic Zone and shall be
remitted as follows: three percent (3%) to the National Government, and two percent (2%) to
the Subic Bay Metropolitan Authority (SBMA) for distribution to the local government units
affected by the declaration of and contagious to the zone, namely: the City of Olongapo and the
municipalities of Subic, San Antonio, San Marcelino and Dos Castillejos of the Province of
Zambales’ and the municipalities of Morong, Hermosa and Dinalupihan of the Province of
Bataan, on the basis of population (50%), land area (25%), and equal sharing (25%).
REPEALING CLAUSE
Section 12. Repealing Clause - XXXXXXXXX
The provision of Section 50 of Republic Act No. 7916, as amended, is
hereby repealed.
The provisions of Section (b)(3) of Republic Act No. 7227, as
amended, with respect to public utilities engaged in the provision of
electric power and telecommunication services are hereby repealed.
with regards to the electric power, the
operation and maintenance of facilities was
handed to the Aboitiz Company under the
EnerZone Group
Examination,
Evaluation and
Preparation of Review / Approval
Validation of
space allocation of space allocation Preparation of
request for
for Admission for Admission Admission Permit
Admission Permit
Permit Permit and report
and attach
documents
Recording /
Release of
Approval of Updating of
Approved end
Admission Permit Admission Permit
Admission Permit
Ledger
REQUIREMENTS: ISSUANCE OF SAD-
YELLOW ASYCUDA
Admission Permit
Packing List
Authorization Letter
SPA
Valid IDs
Receipt of
Review and
accomplished Single
evaluation of SAD Rerouting of
start Administrative
and attached documents
Documents (SAD) &
documents
attached documents
Release of rerouted
SAD to the billing
Stamp, log and section Seaport
end
segregate Department for
computation of
cargo charges
PROCESS: ISSUANCE OF SAD-RED
ASYCUDA
Receipt of
accomplished
Review and
Single
evaluation of SAD Final Review and
start Administrative
and attached Approval of SAD
Documents (SAD)
documents
& attached
documents
Invoice
Packing List
Dry Seal,
Segregation and
release of signed
Approval of Export
documents to end
Documents
OSEDC (One Stop
Declaration Center)
personnel
Import and Export from the zone are not just the
The sale of tax and duty customs releases, entry or admission made in
SBMA but also from Customs Bonded Warehouses
free consumer items in (CBW for brevity). Goods may be admitted into the
the zone shall only be zone from a CBW within the customs territory shall
be clearly marked “TO SUBIC BAY FREEPORT” or
allowed in duly similar wordings to show both origin and
destination of the shipment. Acceptance and
authorized duty-free acknowledgement of authorized receipt by a
shops and these said locator in ate zone shall constitute fulfilment of the
obligation for safe delivery from the sending of
shops shall be subject CBW to the zone.
to the joint regulations
Transfer of goods which have been admitted to or
of BOC and the SBMA to produced in the zone may be transferred therefrom for
insure proper exportation, transshipment through customs territory
transportation to a CBW within the customs territory or
accounting of import transfer to the customs territory for consumption. Foreign
and sales. or domestic goods may be transferred to CBW in the
customs territory with the same wordings showing both
origin and destination of shipment is allowed. The different
transaction process undertaken in SBMA are both for
CHALLENGES
FOR SBMA
TRABAHO BILL OR THE TAX LACK OF AVAILABILITY FOR
REFORM FOR ATTRACTING LAND MASS
BETTER AND HIGH-QUALITY
OPPORTUNITIES (HB 8083)
forced to lay off at least
30,000 workers to survive the
rationalization of tax
incentives under the current
version of the bill
T RA B A H O B I L L O R T H E
Locators may consider
TA X R E F O R M F O R moving out of the country if
AT T R A C T I N G B E T T E R A N D the 5% gross income earned
HIGH-QUALITY
O P P O RT U N I T I E S ( H B 8 0 8 3 )
(GIE) granted will raise to
28% CIT (Rosales, 2018)
L ACK OF
AVAIL ABILITY
FOR L AND MASS requires the SBMA Board of Directors to
provide a Master Plan for the phased
expansion of the freeport zone every
two (2) years in Olongapo City,
Zambales and Dinalupihan, Hermosa
and Morong, Bataan (Aguinaldo, 2019).
Senator Richard Gordon who is the
current chairman for the chamber’s
committee on government
corporations and public enterprises
sponsored a bill seeking to increase
the powers of the Bases Conversion
Development Authority (BCDA). The
updating would affect the charter of
the BCDA under RA 7227.
9,000 10,000
PLEDGES OF MORE hectares in hectares in
THAN 21,000 San Antonio San Marcelino
H E C TA R E S O F
E X PA N S I O N A R E A S
FOR FUTURE
INVESTMENT 500-600
PROJECTS 500 hectares
hectares in
in Castillejos
Subic
(DUNGOG, 2019)
CONCLUSION
lack of update in the BOC’s memorandum
orders that are still under the TCCP not the
CMTA.
SUBIC SPECIAL ECONOMIC CURRENT LAWS, RULES AND MORE UNIFIED APPROACH BENEFITS IS SEZS AND PRIVATE DEVELOPMENTS OF
AND FREE PORT ZONE TO REGULATIONS MUST BE FOR SEZS AND FREEPORT FREEPORT AREAS ARE WELL SEZS INCREASES CHANCE OF
BECOME MORE COMPETITIVE AMENDED OR HARMONIZED AREAS NEED TO BE INTEGRATED INTO THE SUCCESS
WITH OTHER SEZS AND FREE WITH INCOMING PASSAGE OF ADDRESSED WHEN DOMESTIC ECONOMY RATHER
PORT AREA. BILLS AND NEWLY REVISIONS OF STATUTES ARE THAN BEING OPERATED AS
PROMULGATED STATUTES. TACKLED. ENCLAVES. LAWS, RULES AND
REGULATIONS MUST BE
FLEXIBLE ENOUGH TO
ACCOMMODATE BOTH
EXPORTERS AND NON-
EXPORTERS.
REFERENCES PROVIDED IN HARD
COPY
• SETH KIM MENDAROS
• NORFAH PANDIAN
• DANIEL PASTRANA