QuestionsQuestions (EXECUTIVE ORDER NO. 282)
Executive Order No. 282 was issued by the President on October 30, 1995 to provide guidelines for the evolution of EPZA into PEZA, implementing Section 11 of Republic Act No. 7916 (Special Economic Zones Act of 1995).
EO 282, Section 1 provides that all powers, functions, and responsibilities of EPZA under its charter and Presidential Decree No. 66 (as amended), insofar as not inconsistent with PEZA’s powers under RA 7916, are assumed and exercised by PEZA.
Under Section 2, EO 282 transfers all funds, unexpended appropriations, properties, equipment, assets, records, choses in action, and other rights of EPZA (and other zones under its control and supervision) to PEZA.
EO 282 requires that the complete accounting, physical inventory, and audit be conducted as soon as practicable but not later than ninety (90) days from the effectivity of the order.
The special committee, with assistance of the Commission on Audit, determines and ascertains the amount, value, description, and nature of transferred items, including any liability/accountability of personnel responsible for safekeeping/custody/management/administration.
No. Under Section 3, lawful and binding contracts, agreements, obligations, and liabilities entered into by EPZA prior to EO 282’s effectivity remain in full force and effect, unless lawfully terminated/modified/amended by the PEZA Board upon recommendation of the Director-General.
The PEZA Board, upon recommendation of the Director-General, may lawfully terminate, modify, or amend contracts and agreements.
The Director-General, with the approval of the PEZA Board, determines and prescribes the organizational structure, staffing pattern, and personnel complement of PEZA.
Permanent personnel of EPZA (or any government office within the ecozone) may continue in their respective duties in a holdover capacity, receiving corresponding salaries and benefits, unless separated from government service in the meantime.
Their services are deemed terminated after receipt of thirty (30) days notice, unless renewed and subject to the terms specified in the subsequent section.
Separation pay and retirement/other benefits are required for permanent officers and employees whose positions are not included or incorporated in the new PEZA organizational structure, or whose services are not retained, as well as those who voluntarily opt to retire.
EO 282 provides that in no case shall separation pay be less than one and one-fourth (1 1/4) months for every year of service.
They continue operations under their respective organic charters until PEZA sets in place the mechanism for their absorption by PEZA.
Board members may continue in a hold-over capacity for forty-five (45) days from the date of the order to wind up affairs and ensure smooth transition.
Yes. The CEO or Administrator, together with identified management-level personnel and a number of personnel directly assisting management as identified by the CEO/Administrator, may continue in holdover capacity to perform duties and receive salaries and benefits, subject to the terms of EO 282’s relevant sections and with concurrence of the PEZA Director-General.
EO 282 takes effect fifteen (15) days after its complete publication in two newspapers of general circulation.