Providing for the guidelines and regulations for the evolution of the export processing zone authority; created under presidential decree no. 66, into the philippine economic zone authority under Republic Act No. 7916

Case Overview and Summary

Summary of Executive Order No. 282

Assumption of EPZA's Powers and Functions by PEZA (Section 1):
- All powers, functions, and responsibilities of EPZA under Presidential Decree No. 66 that are not inconsistent with PEZA's mandate under Republic Act No. 7916 shall be assumed and exercised by PEZA.
- EPZA shall henceforth be referred to as PEZA.

Transfer of Funds, Assets, and Rights (Section 2):
- All funds, unexpended appropriations, properties, equipment, assets, records, choses in action, and other rights of EPZA and other export processing/special economic zones under its control shall be transferred to PEZA.
- A special committee shall conduct a complete accounting, physical inventory, and audit within 90 days to determine the value and nature of the transferred items.

Effectivity of Contracts and Agreements (Section 3):
- All lawful and binding contracts, agreements, obligations, and liabilities entered into by EPZA shall remain in full force and effect unless terminated, modified, or amended for lawful cause by the PEZA Board upon the Director-General's recommendation.

Structure and Staffing Pattern (Section 4):
- The Director-General, with the PEZA Board's approval, shall determine and prescribe the organizational structure, staffing pattern, and personnel complement of PEZA.
- All permanent personnel of EPZA or any government office within the ecozone may continue their duties and receive salaries and benefits in a holdover capacity unless separated.
- Temporary, casual, and/or contractual personnel shall be deemed terminated after receiving 30 days' notice, unless renewed.

Separated Officers and Employees Benefits (Section 5):
- Permanent officers and employees whose positions are not included or incorporated in PEZA's new structure, or whose services are not retained, as well as those who voluntarily opt to retire, shall receive separation pay and retirement benefits.
- Separation pay shall not be less than one and one-fourth (1 1/4) months for every year of service.

Affected Government-Owned Industrial Estates and Similar Bodies (Section 6):
- Affected government-owned industrial estates and similar bodies shall continue operations under their respective charters until PEZA sets in place the mechanism for their absorption.
- Board members shall continue in a holdover capacity for 45 days to wind up affairs and provide for a smooth transition to PEZA.
- The CEO/Administrator, management-level personnel, and personnel who directly assist management may continue in a holdover capacity, subject to the terms of the preceding sections.

Effectivity (Section 7):
- This Order shall take effect 15 days after its complete publication in two newspapers of general circulation.