Title
PEZA Rental Fees for Public Economic Zones
Law
Peza Memorandum Order No. 2001-01, April 24, 2001
Decision Date
Apr 24, 2001
Locator enterprises in public economic zones are now required to make a three-month good faith deposit and pay monthly rental fees for industrial lots and factory buildings, with penalties for late payments, as per the PEZA Board's updated regulations.
A

Security Deposit Requirement

  • Locator enterprises must pay a "good faith deposit" equivalent to three (3) months' rental fees.
  • Deposit is distinct from current monthly rentals and not credited towards them.
  • This deposit may be refunded upon lease termination or used to settle obligations to PEZA.
  • Compliance deadline for payment of the deposit: May 31, 2001.

Monthly Rental Payments and Penalties

  • Aside from the good faith deposit, locator enterprises must regularly pay monthly rental fees for industrial lots and standard factory buildings in the public economic zones.
  • Failure to pay monthly rentals will lead to appropriate penalties imposed by PEZA.

Previous Regulation and Its Rationale

  • PEZA Board Resolution No. 97-297 (September 15, 1997):
    • New locator enterprises were required to pay rental fees one (1) year in advance for land and buildings.
    • Existing locators could pay monthly or opt to pay an annual rental fee calculated as the present value of monthly rentals discounted at 10% per annum.
  • Challenges reported:
    • Difficulty for many locator enterprises to pay annual rentals in advance due to limited capitalization and cash flow constraints during start-up.
    • Majority of locators in public economic zones are smaller and have fewer resources compared to private economic zone locators.

Amendment to Payment Terms

  • To address financial difficulties of locator enterprises, PEZA resolved:
    • Rentals to be paid monthly.
    • A combined security arrangement requiring one (1) month deposit plus two (2) months' advance rental payment.
  • This amendment supersedes and modifies the previous Board Resolution No. 97-297.

Administrative Details

  • The amended payment scheme was approved by PEZA Board of Directors on January 15, 2001 (Resolution No. 01-015).
  • Official adoption date of the memorandum order setting these terms was April 24, 2001.
  • The order mandates immediate compliance by all locator enterprises within the specified public economic zones.

Legal and Administrative Authority

  • Directed and signed by PEZA Director General and Corporate Secretary, evidencing formal administrative action by PEZA Board.
  • Aligns with regulatory oversight by Commission on Audit (COA) rules where applicable, particularly regarding payment calculations and discounts.

Key Legal Concepts

  • "Good faith deposit" functions as a security for rental obligations.
  • Distinction between new and existing locators in payment terms addressed to balance financial feasibility and PEZA's regulatory objectives.
  • Amendments reflect responsive governance to economic realities of smaller enterprises in public economic zones.

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