Republic of the Philippines

Province of Occidental Mindoro

MUNICIPALITY OF SAN JOSE
-ooOoo-

LOCAL FINANCE COMMITTEE

September 27, 2017

THE HONORABLE MEMBERS

Sangguniang Bayan of San Jose
Office of the Sangguniang Bayan
San Jose, Occidental Mindoro

THRU: HON. RODERICK Q. AGAS

Vice-Mayor and Presiding Officer

ATTN: Committee on Trade and Commerce

Committee on Local Government
Committee on Finance, Ways and Means

Gentlemen:

Warm greetings!

In relation with the Committee Hearing last September 15, 2017 called for Committee Referral No. 2017-
102 on the updating of Municipal Ordinance No. 719, Series of 2005 otherwise known as the Local
Investments and Incentives Code of the Municipality of San Jose which designated the undersigned to
work as technical working group who will work out on a draft of the proposed revisions for the
investments and incentives code, the undersigned, through an Executive Order by the local chief
executive pursuant to DTI- DILG Joint Memorandum Circular No. 1 dated October 12, 2011 and the
DILG Memorandum Circular No. 2010-113, the attached is the proposed draft of the Revised Investments
and Incentives Code of the Municipality of San Jose.

After various considerations of investments and incentives related laws, the team has led into drafting a
comprehensive investments and incentives ordinance that we are expecting to lead us into goal of
optimizing the economic potentials of the Municipality. The attached draft also considered the sustainable
development principles integrating gender and development, labor and employment, the indigenous
peoples and the ecosystems management. MSMEs are also considered in the new draft.

For your perusal and appreciation.

Thank you very much.

Yours truly,

JOSEPH E. SALGADO, EnP ZENAIDA V. DELA CRUZ RICARTE E. AGUILAR

MPDC Municipal Budget Officer Municipal Treasurer

OLIVIA W. SALGADO, CPA, CREA FATIMA O. CASTRONUEVO, CPA

Municipal Assessor ICO-Municipal Accountant

Noted by:

ROMULO M. FESTIN
Municipal Mayor

-dvbb-
 MUNICIPALITY OF SAN JOSE
Municipality of San Jose of Occidental Mindoro, Philippines 5100
E-mail: lgu_sjoccmdo@yahoo.com
Phone: (043) 491-4204

OFFICE OF THE SANGGUNIANG BAYAN

ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE
SANGGUNIANG BAYAN HELD ON MONTH XX, 2017 AT SAN JOSE MUNICIPAL
SESSION HALL, MUNICIPALITY OF SAN JOSE, MUNICIPALITY OF SAN JOSE
OF OCCIDENTAL MINDORO
X ----------------------------------------------------------------------------------------------------X
PRESENT/ABSENT:

HON. RODERICK Q. AGAS, Vice Mayor, Presiding Officer

DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HON. DIONISIO C. MALILAY, JR., SB Member
HON. JOEL G. AGUILAR, SB Member
HON. NATHANIEL B. GARCIA SB Member
HON. HARRY GILBERT C. CHUA, SB Member
HON. SANTIAGO V. JAVIER, JR., SB Member
HON. ARNELDO E. ARGAME, SB Member
HON. MERCY I. ALVARAN, SB Member
HON. MYRNA G. ZAPANTA, SB Member
HON. JERRY B. BALAGOT III, Ex-Officio Member, Liga ng Barangay

Municipal Ordinance No. XXX

HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
AN ORDINANCE ADOPTING THE COMPREHENSIVE INVESTMENTS
AND INCENTIVES CODE OF THE MUNICIPALITY OF SAN JOSE,
PROVINCE OF OCCIDENTAL MINDORO, REPEALING MUNICIPAL
ORDINANCE NO. 719, AND PROVIDING FUNDS AND REGULATORY
AUTHORITY THEREFOR

ARNELDO E. ARGAME Sponsored by: Councilors ____________________________

Municipal Councilor

EXPLANATORY NOTES
MERCY I. ALVARAN
Municipal Councilor

WHEREAS, Article 10 of the 1987 Constitution of the Republic of the

Philippines provides: (2) The territorial and political subdivision shall enjoy local
MYNA G. ZAPANTA
Municipal Councilor
autonomy which was put into effect under the Republic Act No. 7160, otherwise
known as the Local Government Code of the Philippines

JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Indigenous People
APPROVED BY:
WHEREAS, Title VI Book I of the same law (Republic Act No. 7160 provides:
Section 109 - Functions of the Local Development Councils (a) the provincial,
city, and municipal development councils shall exercise the following
functions:
xxx
Formulate local investment incentives to promote the inflow and
direction of private investment capital
xxx
WHEREAS, Chapter 5, Book II of RA 7160 empowers the local government unit
to grant tax exemptions, incentives or reliefs to encourage investment for
economic growth and progress in the countryside, which provides:

ROMULO M. FESTIN
Municipal Mayor
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Date Approved: _________________
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 2 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
Section 192 - Authority to Grant Tax Exemption Privileges. Local
government units may, through ordinances duly approved, grant tax
exemptions, incentives or reliefs under such terms and conditions as they
may deem necessary
WHEREAS, DILG Memorandum Circular No. 2010-113 stressed the need to
have an Economic and Investment Promotions Office, and enact an investment
and incentives code, with which there is a need to grant tax exemptions and
investment incentives to qualified enterprises in the Municipality of San Jose in
order to improve and develop the municipalitys investments climate and attract
both foreign and local investors in business and industry as also stressed in the
Joint Memorandum Circular No. 01 dated October 12, 2011 by the Department of
Trade and Industry (DTI) and the Department of Interior and Local Government
(DILG) including the guidelines in the formulation of the investments and
incentives code;
WHEREAS, Municipal Ordinance No. 719 enacted in 2005 is needed to be
revisited and revised thereby outline a more comprehensive investment incentives
program that will serve to promote and attract private investments, both foreign
and domestic, which could accelerate economic and tourism growth in the
municipality and in the province as a whole;
WHEREAS, it is hereby declared the policy of the Municipality of San Jose to
promote the inflow and direction of foreign and local investment capital within the
municipality in order to promote and sustain economic and social development
and generate employment opportunities, increase productivity and improve the
quality of life of its constituents;
WHEREAS, the Municipality of San Jose shall pursue this policy of providing
fiscal and non-fiscal incentives in identified preferred investment location areas
and priority economic activities, within a well defined and comprehensive action
plan and guidelines to qualified foreign and domestic enterprises whether new or
existing, which can significantly contribute to the business development of the
Municipality.
NOW THEREFORE, on motion of [Councilor], duly seconded by [Councilor(s)],
Be it ordained by the Sangguniang Bayan of San Jose, Occidental Mindoro:
ARTICLE I. Title, Scope and Coverage
SECTION 1. Short Title. This Ordinance shall be known and cited as the
Comprehensive Investments and Incentives Code of the Municipality of San Jose,
Occidental Mindoro.
SECTION 2. Scope and Coverage. This ordinance shall apply to all persons,
entities or enterprises, belonging to micro, small, medium and large scale
categories in preferred areas of investments in agribusiness, light manufacturing,
eco-tourism and services and other areas of investments as maybe determined
from time to time by the Board.
(a) In the initial years of implementation, business enterprises, in relation to
preferred areas of investments, the applicants having the following type of
nature of business shall be given priority under this Investment Incentive
Program:
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 3 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
a) Labor Generating Enterprise;
b) Enterprises to be established in less developed areas of the
municipality as maybe determined by the Zoning and Land Use
Ordinance;
c) Manufacturing enterprises using raw materials available locally;
d) Manufacturing or Processing Plants;
e) Tourism Oriented Enterprises;
f) Pioneering Enterprises;
g) Water and Power Resources Development Enterprises;
h) Business Process Outsourcing and Information Technology and
related enterprises.
(b) Additional economic activities may be included in the list of investment
priority areas upon approval by the Board and shall then be adopted for
implementation. The inclusion of investment priority areas should be
based on the following factors:
1. Long-run comparative advantage;
2. Economic soundness;
3. Extent of contribution of the activity to a specific development goal;
4. Market and technical consideration;
5. Value of social objectives;
6. Generation of high levels of employment;
7. High-degree of value-added features; and
8. No deleterious effect on the environment.
The Board, however may remove an area or activity from the list at any point,
when any of the following conditions is present: (1) sufficient investments in the
areas or activity have been attained, (2) continued extension of incentives or
support for the specific investment area is no longer to the interest of the
Municipality of San Jose or may place the government and the public in adverse
position, (3) the investment area or activity cannot attract investors within the
reasonable time and cost and may result in unfavorable business climate, and (4)
lack of progress in the implementation of environmental management plan.
ARTICLE II. Declaration of Policy
SECTION 3. Declaration of Policy. (a) Incentives to be established shall be
fair, clear, time-bound, and consistent with national laws to ensure a level playing
field on investments in the locality;
(b) Economic growth and jobs creation which are essential in reducing
poverty and improving the quality of life of people in a community require
investments particularly from the private sector;
(b) The local government has important roles to play in creating conditions
favourable to the inflow of private investments.
(c) The incentives shall support and promote the development vision of the
LGU as expressed in the Municipalitys Comprehensive Development
and, Land and Water Use Plans;
(d) The investment policies and programs of the LGU should be supportive
and aligned with provincial, regional and national thrusts;
(e) The local government need to provide a level playing field through
policies that are clear, transparent and uniformly and consistently applied
for business to be attracted in the Municipality;
(f) Improving the investment environment requires reforms in legal and
regulatory environment for investments, including institutional and
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 4 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
administrative processes that create bottlenecks and impede the flow of
investments;
(g) Industries/ businesses to be set up in the locality shall minimize adverse
impacts and enhance positive effects on the environment, by undertaking
business practices that adhere to the countrys environmental laws such as
efficient solid waste or pollution management and reduction of greenhouse
gas emissions which contribute to the reduction of climate change by
adopting appropriate measures for disaster risk management, among
others;
(h) Encourage the efficient use of natural resources to conserve and protect
especially those indigenous to the locality;
(i) Promote treatment of employees and contractors fairly, respect their
dignity, well-being and comply with labor laws and other legislations;
(j) Ensure safe and healthy working conditions for employees and shall
safeguard those affected by the business by producing healthy and safe
products, among others;
(k) Provide opportunities and protection for women, children, disabled and
indigenous people and contribute to improve quality of life through
corporate social responsibility programs; and,
(l) Consultation with various sectors is imperative so that necessary
safeguards to protect environment, ensure health and safety of the
community and social safety nets for micro, small and medium enterprises
are guaranteed.
(m) Encourage investment projects that would utilize substantial amount of
local labor, raw materials, natural resources available
(n) Promote the optimum utilization of natural resources available without
necessarily resulting to environmental/ecological degradation
(o) Develop markets for San Jose products, to attain a high level of production
of crops and other products, attain self-efficiency and productivity.
(p) Promote priority sectors of investment such as agribusiness, light
manufacturing and eco-tourism
(q) Promote San Jose as a sustainable investment destination having adequate
power, adequate water resources, free of urban congestion and pollution
and easily accessible to Asia Pacific and global markets
(r) Provide multiplier effects in terms of job creation, improve the quality of
life of the people of San Jose, and an equitable distribution of wealth
(s) Catalyze economic development in this part of the county and assure that
the benefits of development accrue to the people of San Jose; and,
(t) Promote the alliance of non-government organizations, to serve as active
partners and catalysts in achieving local autonomy.
ARTICLE III. Definition of Terms
SECTION 4. Definition of Terms. For purposes of this Ordinance, the following
terms shall apply:
a. Assets shall refer to all kinds of properties, real or personal, including
those arising from loans but exclusive of the land on which the
particular business entitys office plant and equipment are situated.
b. Biodiversity-Friendly Businesses shall refer to those investments that
either directly or indirectly supports the protection of the flora and
fauna species and other natural resources conservation initiatives and
activities. These types of businesses should incorporate biodiversity
relevant knowledge and technical resources management and
development processes and practices that enhance biodiversity (BD)
resource conservation to include those businesses that directly or
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 5 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
indirectly support BD (i.e. use of indigenous species, protection of
flora and fauna and the like).
c. Board shall refer to the Municipality of San Jose Investment and
Incentive Board (MLIIB) created under this Code;
d. Brownfield lands and/or redevelopment shall refer to an abandoned,
idled, or underused industrial or commercial facility in which
redevelopment is burdened by real or potential environmental
contamination. Typical businesses that leave behind such
contaminated sites include, railroads, gas stations, oil refineries, dry
cleaners, liquid/chemical storage facilities, steel and heavy
manufacturing plants. The presence of underused or vacant industrial
properties in inner cities is often caused by industries moving to
suburban or rural sites, where land and taxes are less expensive. The
owners of the remaining vacant facilities have trouble selling their
sites, as possible buyers are wary of potential liability for cleanup
costs and environmental contamination. As a result, many sites end up
being abandoned, decreasing the tax base of the area and becoming
sources of blight in the community. The redevelopment of brownfields
can provide many benefits to a community, including an increased tax
base, the creation of new jobs, the utilization of existing infrastructure,
and the removal of blight. The removal of contaminants in the area
also helps to protect human health and the environment.
e. Capital Investment shall refer to the total project costs excluding the
land upon which the business is established;
f. Center shall refer to the Municipality of San Jose Investment
Promotions Center;
g. Enterprise or Business Enterprise shall refer to any organization,
association, branch, or venture which exists for profit making purposes
or to otherwise secure economic advantage, and any ownership of any
real estate which usually fall under categories of barangay enterprise,
micro-enterprise, medium enterprise (MSME Act) and large
enterprises. The National Economic Development Authority (NEDA)
defines MSMEs in terms of capitalization as follows:
Micro PHP 3 Million and below
Small Over PHP 3 Million but not more than PHP 15
Million
Medium Over PHP 15 Million but not more than PHP 100
Million
Large Over PHP 100 Million
h. Existing Enterprise shall refer to existing business establishments
whose place of operations or productions are located within the
territorial jurisdiction of the municipality;
i. Expanding Enterprise is an existing firm with plans for new
investments and growth for its business ventures that are in the
Investment Priority Areas (IPAs).
j. Existing Projects shall refer to projects of an existing enterprise that
has started commercial operation at the time of application with the
Board that does not qualify as new expansion or modernization
project.
k. Expansion Projects shall mean installation of additional
facilities/equipment that will result in increase in production capacity
of the same product line within the same existing plant/facilities of the
enterprise.
l. Green Projects shall refer to projects that are committed to the
conservation of natural resources, the production and discovery of
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 6 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
alternative energy sources, the implementation of clean air and water
projects, and/or other environmentally conscious business practices
which usually fall into four separate categories: green infrastructure,
water efficiency, energy efficiency, and environmentally-
innovative projects.
m. Investment Promotion Center (IPC) shall refer to the lead office
tasked to assist the Board in the implementation of all activities
concerning investment and investment policies, and shall serve as the
Secretariat to the MLIIB in all its meetings.
n. Labor Generating Enterprise refers to an enterprise which generate
massive employment opportunities for the residents of San Jose
o. Local Employees shall refer to those workers or personnel who are
bona fide residents of the Municipality of San Jose;
p. Modernization Projects shall refer to projects or modernization
initiatives which must result in any of the following: (1) At least 25%
substantial reduction of production cost/cost of provision of the
service; or 2) Upgrading of product/service quality or classification of
the facility (e.g., hospitals, hotels, resorts) to a higher class.
q. Municipality shall refer to the Municipality of San Jose covering all
the areas within the territorial jurisdiction as provided for by law and
its charter;
r. New Enterprise refers to new investment which is not yet in
commercial operation and is consistent with the Investment Priority
Areas (IPAs), as defined by the Municipality of San Jose Investment
and Incentive Board. A company diversifying into other activities shall
also be treated as new enterprise.
s. New Investor shall refer to those prospective investors who have not
engaged in any kind or type of business in the Municipality of San
Jose and is interested in establishing its business establishment in the
said municipality;
t. New Projects shall refer to a project/activity listed in the IPAs that has
not started commercial operation undertaken by 1) A newly
organized/formed enterprise; or 2) An existing enterprise that shall
engage in an entirely distinct and different activity from its existing
business operations; or the same activity provided it shall establish a
new facility in an area not contiguous to the premises of its existing
project and with new investments.
u. Ordinance shall refer to the Investment and Incentive Ordinance of
the Municipality of San Jose;
v. Pioneering Enterprise shall refer to one that is first or among the
earliest in any field of kind of business/enterprise.
w. Preferred or Priority Investment Areas/Activities shall mean the
economic activities that the Board shall have determined to have the
potential for more productivity and employment generation;
x. Registered Enterprise shall refer to a business establishment whether
owned and operated by an individual, partnership, corporation or
cooperative duly registered under the provisions of this Ordinance.
y. Tourism Oriented Enterprise shall refer to any legal undertaking or
enterprise geared towards the provision of services, conveniences or
entertainment to the public in general and to tourist in particular.
z. Water and Power Resources Development Enterprise shall mean an
enterprise engaged primarily in the business of water and power
production, generation and development.
ARTICLE IV. General Operative Policies
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 7 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
SECTION 5. Any person or entity which meets the qualifications and
requirements set forth under Sections 2 and/or 22 to 25 of this Ordinance and
which will commence its business operations after the approval of this Ordinance
or on January 1, 2018 onwards or those that are expanding their existing business
operations may avail of the incentives and privileges provided herein, as maybe
determined from time to time by the Board.
SECTION 6. Subject to the provisions of Sections 2 and/or 22 to 25 hereof, this
Ordinance shall apply to any person, partnership or corporation, association and
cooperative, provided that they meet the following additional qualifications:
(a) Financially capable to undertake the establishment, expansion and/or
diversification of the project and must be qualified to do business under
existing national laws;
(b) Must be duly registered with the appropriate government agencies, such
Department of Trade and Industry, the Securities and Exchange
Commission, the Cooperative Development Authority and other
appropriate government agencies;
(c) The new enterprise must have an initial capital investment of PHP
15,000,001.00 Million but not more than PHP 100,000,000.00 or its dollar
equivalent for a medium-scale enterprise and more than PHP
100,000,000,00 for large-scale business projects based on the total project
cost as indicated in the investors project study submitted to and approved
by the Board. For existing enterprise, the following additional
requirements shall be observed: (1) the intended expansion or
diversification of the existing enterprise must engage in an economic
activity identified as an investment priority area by the Board (2) the same
shall have an additional project cost in the scale as provided hereto base on
the investors project study, and (3) the expansion or diversification shall
include an environmental management plan. case of Filipino investors or
its dollar equivalent in cases of foreign investors. A corporation,
association, partnership and other juridical persons are considered foreign
investors when 60% of its equity is owned by foreign nationals;
(d) The type of business or investment must be among the list of identified
Priority/Preferred Areas of Investment as set forth by the Board.
(e) For foreign investors, the provision of Executive Order No. 226, otherwise
known as the Omnibus Investment Code of 1987 and Republic Act No
7042, as amended, otherwise known as the Foreign Investment Act of
1991 shall prevail, respectively.
SECTION 7. All applicants under this Ordinance must comply with the
requirement of all existing applicable laws.
SECTION 8. Any person, partnership, corporation, association whose
application has been accepted and granted Certificate of Registration/Exemption
under the pertinent provisions of this Ordinance must employ at least Sixty
percent (60%) local employees as certified by the employees Punong Barangay,
with the exception of those who transferred their operation to San Jose lock, stock
and barrel. However, for labor-intensive establishments, at least 90% of its total
manpower requirements shall be filled-up by qualified residents of the locality.
SECTION 9. Corporate Social Responsibility (CSR) of Registered Enterprise.
Registered enterprises with projects under pioneer status must undertake
Corporate Social Responsibility (CSR), whereas, those on non-pioneer status are
encouraged to undertake CSR, to the extent possible, in accordance with the
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 8 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
development plan of the community where the registered project is located. To
sustain environmental protection, adaptations to climate changes and reduce
poverty in the local areas the following may be undertaken as CSR of registered
enterprises such as but not limited to:
Greening/Re-greening of Area.
a. Rehabilitation and Restoration of buildings or other structures in accordance
with the city/municipal urban renewal or restoration plan of the LGU
b. Re-greening or landscaping may be in the form of urban greening or
landscaping such as major road sides; areas with historical or tourism value;
areas in biogeographic zones; eroded slopes as technically appropriate based
on assessment by competent authorities; public open spaces especially in
residential and commercial areas including street islands, parks,
promenades, parking area peripheries, and the like. Provided that, the
enterprise takes care of the maintenance of the trees and plants, otherwise,
reimbursement of the incentive granted shall be due and demanded.
Social Projects.
a. Housing for Employees
b. Educational Projects
c. Cultural Revivals
d. Programs for Women, Children, Elderly, Disabled, Out of School Youths
and Indigenous Peoples
e. Community infrastructure projects aligned with the development plan of the
LGU and
Such other projects or activities based on the development needs of the
community where the project is located or identified under NAPC.
SECTION 10. Environmental Impact Assessment. Environmentally critical
projects or enterprises locating their activities or expansion projects in
environmentally critical areas shall comply with the requirements of Presidential
Decree No. 1586 (Philippine Environmental Impact Statement System) and related
issuances of the Department of Environment and Natural Resources.
SECTION 11. Hazardous Substances. Projects involving the handling transport,
processing and storage of toxic, hazardous substances and/or nuclear waste shall
not be entitled to any incentives.
SECTION 12. Specific prohibitions.
(a) No industrial or manufacturing facility shall be operated without proper air
pollution devices, wastewater treatment facilities, and solid waste
management facilities;
(b) No industrial or manufacturing plant shall be operated at levels beyond the
operating capacity of their respective waste treatment facilities in order to
maintain the effluent quality within the standards required by law;
(c) All Industrial and manufacturing establishment shall subject their operations
and premises, facilities and systems to periodic environmental compliance
monitoring, which shall be conducted by the LGU in coordination with the
Department of Environment and Natural Resources. Refusal to be subject to
such inspection shall be sufficient ground for the forfeiture of any incentive
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 9 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
and the revocation of its Certificate of Registration and/or Business Permit
by the concerned local government units.
SECTION 13. Regulation The LIIB shall ensure that the green and socially
responsible projects undertaken by enterprises on public property shall be in
harmony with the overall environmental management program of the LGU and/or
local government concerned as determined by the appropriate LGU office.
ARTICLE V. Investments and Incentives Board
SECTION 14. (a) For the purpose of giving effect to this Ordinance, a
Municipal Local Investment and Incentive Board (MLIIB) is hereby created with
the following composition, powers and functions, and term of office:
(b) The Municipal Local Investment and Incentive Board (MLIIB) shall be
composed of the following:
Chairman: Municipal Mayor
Vice Chairman: Municipal Vice Mayor
Members: i. Chair, SB Committee on Appropriations, Finance,
Ways and Means
ii. Chair, SB Committee on Trade, Commerce and
Industry
iii. Chair, SB Committee on Labor and Public Service
iv. Representative from Department of Trade and Industry
v. Municipal Planning and Development Coordinator;
vi. Municipal Engineer;
vii. Municipal Treasurer;
viii. Municipal Assessor;
ix. Municipal Budget Officer;
x. Municipal Accountant
xi. Municipal Environment and Natural Resources
Officer;
xii. Municipal Economic Development and Investment
Promotions Officer, if applicable;
xiii. Two (2) representatives from organized accredited
business organizations in the Municipality;
xiv. President, Municipal Tourism Council;
xv. One (1) representative from any financing institution
operating in the municipality; and,
xvi. One (1) representative from the duly accredited
NGOs/POs.
(c) Powers and Functions of the Municipality of San Jose Investment and
Incentive Board (MLIIB):
i. To screen, evaluate, accept, approve, or reject applications for
investment incentives and privileges under this ordinance and issue
Certificate of Registrations/Exemptions;
ii. The Chairman or any of the Members of the Board can call for a
meeting to formulate rules and guidelines to ensure compliance with
the provisions of this ordinance. The Board shall meet as often as
necessary but shall not be less than once a quarter, the presence of
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 10 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
majority of the membership of the board (which is 50% + 1) shall
constitute quorum to transact business;
iii. All the applications submitted to the Municipality of San Jose
Investment and Incentive Board (MLIIB) shall be acted upon within
ninety (90) days upon receipt thereof. The Board shall notify the
applicant of its decision through registered mail;
iv. The Board shall review the package of incentive and support measure
once in every two (2) years, and recommend for approval to the
Sangguniang Bayan the appropriate specific fiscal and non-fiscal
incentives that the local government shall grant to targeted investors
and enterprises;
v. In order to give more effect to the Investment program under this
Ordinance, the Investment Board is hereby empowered to conduct
Trade Missions both local and foreign, for the purpose of inviting
investors as well as providing necessary information and dissemination
drive to the parties willing to avail of the Investment Incentives
Program under this Ordinance; Provided, however, that in the case of
foreign trade mission, the approval of the Sangguniang Bayan must be
secured. Trade Mission involving local and foreign international trade
organizations as well as the trade missions involving Board of
Investors offices, foreign embassies and consulates in the Philippines
and abroad shall be headed by the Municipal Mayor or in his absence,
by any of the duly authorized member of the MLIIB; Provided, that, in
case of International Trade Organizations, there is a need for an
endorsement referral from the Bureau of International Trade
Promotions, DTI;
vi. The Local Investment Board is hereby empowered to identify, acquire
and develop Industrial Estates and Business Parks and other preferred
and priority investment areas in the Municipality in accordance with its
approved investment priorities;
vii. Decide on matters regarding the interpretation and implementation of
this Ordinance;
viii. Exercise all powers necessary or may be deemed necessary for the
attainment of the purpose of this Ordinance.
(d) The Term of Office of the members of the Board who are elective
municipal officials shall be co-terminus with their respective term of
office. The term of office of the members of the board who are appointive
officials shall be four (4) years and may be re-appointed at the discretion
of the Municipal Mayor. Provided, that the term of office of the three (3)
private representatives who are recommended by the sectors and
organizations they represent and appointed by the Municipal Mayor, shall
be co-terminus with the appointing authority.
(e) The Investment Promotions Center, pursuant to Section 11 of this
Ordinance, shall act as the Secretariat of the Investment and Incentives
Board.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 11 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
(f) The membership of the Board maybe increased or decreased by the
Sangguniang Bayan upon the recommendation of the Board for the
effective implementation of this Code.
SECTION 15. An annual budgetary appropriation, subject to the approval of the
local chief executive and the confirmation of the Sangguniang Bayan, shall be
included in the annual or supplemental budget of the Municipality for the purpose
of office supplies and equipment, operational expenses and for trade missions of
the members of the Municipal Local Investment and Incentive Board (MLIIB);
ARTICLE VI. Investments Promotions Center
SECTION 16. (a) There shall be created a Municipality of San Jose Investment
Promotions Center with one Municipal Investment Promotions Officer who shall
serve as liaison and Secretariat of the Municipality of San Jose Investment and
Incentive Board (MLIIB) and to assist the Board in its functions.
(b) The Municipality of San Jose Investment Promotions Center shall have the
following duties and responsibilities:
1. To accept, process and evaluate applications for registration incentive
and within a thirty (30) days from receipt of the application and
submit recommendations on the application to the Board for the
latters action;
2. To evaluate and ensure that the business establishment seeking
registration has submitted the complete requirements and has met or
complied with the initial capital requirement of at least Fifteen
Million and One Pesos (PHP 15,000,001.00) in cases of Filipino
investors or its dollar equivalent in cases of foreign investors;
3. To provide basic services provided by the IPC under this Code of
Small-Sized Enterprises with capitalization of Three Million and One
(PHP 3,000,001.00) Pesos but not to exceed Fifteen Million (PHP
15,000,000.00) Pesos;
4. To assist in the registration of Micro-Sized Enterprises and the
Barangay Micro-Business Enterprise (BMBEs), pursuant to Republic
Act No. 9178 and DILG Memorandum Circular Nos. 2003-69, 2003-
172 and 2012-82; with capitalization of an amount not exceeding
Three Million (PHP 3,000,000.00) Pesos;
5. To relay in writing the decision of the Board to the applicant;
6. To provide the necessary important support services to investors
which shall constitute their non-fiscal incentives, to wit:
i. Assistance in identifying business locations and factory sites;
ii. Assistance in securing Mayors Permit and paying necessary
regulatory fees and charges;
iii. Access to appropriate business information and liaison with
other offices of the Municipal Government;
iv. Facilitate service connections with local utilities;
v. Facilitate provision for security measures and access to police
department;
vi. Other services that may be authorized by the Board.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 12 of 22

ATTESTED BY:
7. To provide access to the local labor pool such that the enterprises can
provide bona fide residents with employment;
RODERICK Q. AGAS
Municipal Vice-Mayor 8. To prepare the agenda for meetings of the Board and submit for
timely consideration and approval, the applications for registration
and incentives which have been filed with it;
SANGGUNIANG BAYAN
MEMBERS:
9. To recommend to the Board any modifications or amendments to
existing local ordinances or procedures that will affect investment
(On Leave)
DIONISIO C. MALILAY, JR. promotion;
Municipal Councilor
10. To prepare the annual report of the Board on the processed
applications for registrations which will be reviewed and approved
JOEL G. AGUILAR first by the Mayor prior to its submission to the Sangguniang Bayan;
Municipal Councilor

11. To collect, collate and analyze pertinent data and information and
conduct studies concerning preferred or priority investment
NATHANIEL B. GARCIA
Municipal Councilor areas/activities that have been or may be declared as such by the
Board;

HARRY GILBERT C. CHUA 12. To establish and maintain a data bank and library regarding
Municipal Councilor investments;

13. To undertake the production, publication and dissemination of

SANTIAGO V. JAVIER, JR. investment promotion materials and whenever needed, conduct
Municipal Councilor
briefings for investors or other interested parties;

14. To establish and maintain networking relations with national offices

ARNELDO E. ARGAME
Municipal Councilor and agencies concerned with investment promotions and incentives;
and

MERCY I. ALVARAN 15. To perform such other functions that are necessary and incidental for
Municipal Councilor the effective implementation of this code.

(c) The Municipality of San Jose Investment Promotions Center shall upon
MYNA G. ZAPANTA authority of the Board initiate investment promotion programs for the
Municipal Councilor
municipality.

(d) The Local Government shall endeavor to prioritize the creation of a

JERRY B. BALAGOT III
Ex-Officio Member Municipal Economic and Investment Promotions Office pursuant to
Liga ng mga Barangay Public-Private Partnership for the People Code of the Municipality of San
Jose which shall also perform the mandates of the DILG Memorandum
Circular No. 2010-113 and the IPC. Once created, the Municipal
(Vacant) Economic and Investment Promotions Office shall form and act as the
Ex-Officio Member
Sangguniang Kabataan Federation Investment Promotions Center of the Municipality of San Jose. In its
absence, it shall be borne by the Municipal Planning and Development
Office being the Secretariat of the Municipal Development Council which
(Vacant) is primarily responsible in the investment development plan pursuant to
Ex-Officio Member Section 109(4) of the Republic Act No. 7160.
Mangyan Representative

SECTION 17. Appropriations. Funding of the Investment Promotions Center or

IPC shall be included in the annual operational expenses of the MLIIB and the
APPROVED BY:
office designated as the Municipalitys IPC. In the subsequent years, the
Municipal Government shall appropriate annually based on the budget presented
ROMULO M. FESTIN
Municipal Mayor

Date
-dvbb-Approved: _________________
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 13 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
by the IPC, subject to the approval of the Local Chief Executive, confirmation of
the Sangguniang Bayan and the usual government accounting and auditing rules
and regulations.
ARTICLE VII. Investments Priority Areas
SECTION 18. Criteria in Investment Priority Determination. No economic
activity shall be included in the Investment Priorities Plan unless it is shown to
be environmentally, socio-economically, technically and financially sound
after thorough investigation and analysis by the Board. The determination of
preferred areas of investment to be listed in the Investment Priorities Plan shall
be based on the following:
a. Long-run comparative advantage
b. Economic soundness
c. Extent of contribution of the activity to a specific development goal
d. Market and technical considerations
e. Value of social objectives
f. Other indicators of comparative advantage.
SECTION 19. Preferred Investment Areas. The following are the areas of
opportunities particularly in the priority sectors which were formulated after a
series of consultative workshops. These priority areas shall be drawn and adopted
for implementation by the Board under the Investment Promotions Program of
San Jose upon the concurrence of the Sangguniang Bayan:
1. Eco-Tourism
Accommodation Facilities
Nature Parks/Mountain, Island and Forest Resort
Transportation Services and Facilities
Golf Course
Grand Terminal
Restaurants/Food Outlets
Stadium and Convention Centers
Amusement Facilities
Other tourism related services
2. Agri-Business
Post harvest facilities
High value crop production
Fruit/meat processing
Feed Mill
Aquaculture
3. Light to Heavy Manufacturing and Industries
Precision Assembly
Semiconductors
Farm Implements
Furniture
Garments
Renewable Power Plants
Car Assembly and Manufacturing
4. Services
Media/Advertising
Medical services/facilities
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 14 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
Data/information technology encoding
Financial Services
Engineering/architectural services
Training and sports facilities
5. Retail and Wholesale
Malls
Markets
Supermakets
Trading Centers
ARTICLE VIII. Qualifications
SECTION 20. Pre- Qualification Requirements. For purposes of application for
registration and availment of incentives under the LIIC, the following
qualifications must be complied with:
a. The enterprise must have complied with all the requirements mandated
under existing laws, rules and regulations for doing business in the
Philippines;
b. The activity engaged in must be listed in the IPAs of the LGU;
c. The place of operation or production be located within the territorial
jurisdiction of the LGU;
d. Specified percentage of its workforce must be bonafide residents of the
LGU giving equal opportunities for men, women, the poor, indigenous
people and the physically and handicapped;
e. Project must have safeguards against pollution or resource use if necessary.
SECTION 21. Types of Projects for Registration. Registered enterprises may be
registered under the following types:
a. New Projects
b. Expansion Projects
c. Modernization Projects
d. Diversification Projects
SECTION 22. Qualification of New Enterprises. All new enterprises
intending to avail of the incentives as provided for in this Code must be able to
satisfy all of the following:
a. The business enterprise must have complied with all the requirements
mandated under existing laws, local and national and under the
Philippines Constitution.
b. The prospective investors place of operation or production shall be
located within the municipality
c. The prospective investment must engage in any of the areas or activities
cited in the preferred areas of investment and as may hereafter be
declared by the Board.
d. The new enterprise must have a capitalization of at least PHP 15 million
but not more than PHP 100 million for a medium-scale enterprise and
more than P100 million for a large scale business project; provided that
the amount of capitalization shall be based on the total project cost as
stated in the investors project study submitted to and approved by the
Board.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 15 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
e. The new enterprise will actually provide to bonafide residents of the
municipality job opportunities equivalent to at least 50% of its total
labor/manpower requirements provided they are qualified residents.
f. For foreign company to qualify for registration, they should comply
with Foreign Investments Act of 1991
g. Project must not be restricted by negative list.
h. Registered with S.E.C. in case of corporation and association, DTI if
single proprietorship or CDA if cooperative.
SECTION 23. Qualifications for Existing Enterprises. Any existing
enterprise may avail of the incentives under this Code provided that the
following qualifications are met:
a. The business enterprise must have complied with all the requirements
national mandated under the Philippine Constitution and existing local
and laws;
b. The intended expansion of diversification of the enterprise must engage
in activities cited under preceding sections of this Code, or any of the
specifically identified investment priority activities as may hereafter be
declared by the Board
c. The expansion or diversification of project will provide the required
number of employment to bona fide residents of the municipality, as
provided for under the preceding sections.
ARTICLE IX. Registration
SECTION 24. Registration Requirements, Procedures and Approval of
Applications. (a) New or existing enterprises shall file its application for
registration with the Board through the Investment Promotions Center. A
registration book shall be used to record all applications filed. The date
appearing and stamped on the application shall be considered the date of
official acceptance. A non-refundable registration fee of PHP 1,500.00 shall
be paid by the applicant-firm to the Municipal Treasurer, with the submission
of the following documents:
1. Three (3) copies of accomplished application form
2. Three (3) copies of project study of proposed investment
3. Copy of Certificate of Registration from the
Securities and Exchange Commission (for partnership or
corporation)
Department of Trade and Industry (for single proprietorship)
Cooperative Development Authority (for cooperatives)
4. Certified true copy of Articles of Incorporation and By-Laws for
Cooperatives and Corporations.
5. Copy of the latest audited financial statement (for enterprise existing
for more than one year)
6. Copy of the Board of Directors Resolution (for corporation and
cooperatives) authorizing the filing of application and its authorized
representatives
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 16 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
7. A copy of the feasibility study showing the market, technical,
financial and socio-economic viability of the proposed
investment;
8. For corporate type of ownership, a board resolution authorizing
the person to file the application;
9. Proof of ownership of sale or lease or any other arrangements of the
project site.
(b) Upon the acceptance of any applicant to the Investment Program, the
applicant shall be required to pay the non-refundable registration fee to the
Municipal Treasurer in accordance with the rate prescribed below, after
which the Board shall issue a Certificate of Registration along with the
Certificate of Exemptions to the business concerned as applicant duly
stating the incentives and privileges granted under the provisions of the
Ordinance.
(c) Within five (5) days from receipt of the application, the IPC shall notify
the applicant of all pertinent requirements not complied with. The
applicant shall have ninety (90) days from receipt of such notice to comply
with the said requirements. Failure to comply within the staid period shall
be construed as an abandonment of the application, unless a written
request shall be sent to the IPC. Only complete application shall be
officially accepted and registered in the Registration Book. Date stamped
on the application shall be considered as the date of official acceptance of
the application.
(d) Once an application is officially accepted, the project will be evaluated by
the IPC, which may conduct an ocular inspection at the premises of the
business if necessary. The evaluation of the application shall be presented
for the action of the Board who shall act the same within 90 days from the
date of submission by the IPC. If the application is approved the IPC shall
notify the applicant and inform the Treasurer/s and the Assessor/s of such
approval for their guidance and appropriate action. If the application is
denied, the IPC shall inform the applicant in writing. Provided that the
applicant or business enterprise adversely affected by any decision of the
Board relative to its denial of application and cancellation/revocation of
registration or the imposition of fines/penalties in accordance with this
Code may file a motion for reconsideration within fifteen (15) days from
receipt of the decision, otherwise the decision shall become final and
executory.
(e) Upon approval, an enterprise shall be issued a Certificate of Registration
with the signature of the Chairman of the Board or such other officer as
the Board may designate for the purpose as the need arises; and as such,
legally entitles it to fully avail of all fiscal and non-fiscal incentives
provide for in this Code during the next calendar year and within the
period of commercial operation. The Certificate shall state among others
the following:
(1) Name of the Registered Enterprise;
(2) The Investment Priority Area (IPA) in which the registered
enterprise will engage in;
(3) The incentives granted and period of its availment; and
(4) Such other terms and conditions to be observed by virtue of its
registration.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 17 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
(f) There shall be no double availment of incentives/benefits under the
different laws and/or programs.
(g) There shall be a filing fee equivalent to 2% of 1% of the Amount of
Investment
SECTION 25. Prior Consent of NCIP. The enterprise must secure from the
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 people.
SECTION 26. Registration Procedures and Approval of Applications. The
Board is authorized to formulate and adopt additional appropriate rules and
regulations to facilitate action on applications filed, prescribed criteria for the
evaluation of applications, and devise standard forms for use by applicants. The
manager of the Center shall follow these rules strictly and all completed
applications shall be indorsed to the Chairman of the Board for approval.
SECTION 27. Registration Certificate and Entitlement to the Incentive. Under
this Code, an enterprise is considered registered upon approval of its application
by the Board. A registered enterprise shall be issued a Certificate of Registration
duly signed by the Chairman.
Such registration however does not carry automatically its entitlement to the tax
incentives and privileges as provided in this Code. A registered enterprise legally
entitles to fully avail of any or all fiscal incentives this Code provides if it meets,
or satisfies the conditions herein set forth or in Sections 2 and/or 22 to 25 of this
Code.
ARTICLE X. Rights and Privileges
SECTION 28. Rights and Privileges. The Municipal Government of San Jose,
Occidental Mindoro guarantees all registered enterprises to their full entitlement of
the rights and privileges provided by the law and the Constitution, thru the Board,
viz:
i) Provide concise and comprehensive information to prospective investors
regarding the economic priorities of the province, target investment areas,
and the general conditions applicable to incoming direct private
investments;
ii) Disseminate to investors and the general public, the investment evaluation
criteria and registration procedures to enhance government transparency in
the process of granting incentives;
iii) Take into full account the need of investors for industrial peace, stability,
growth and profit in their operations whenever policies are to be
formulated and modified affecting investments in the province;
iv) Facilitate implementation of the investment project;
v) Not interfere or modify arrangements with investors after the details for the
implementation of an investment project has been accepted and approved,
and the ownership and management structure of the enterprise has been
established, unless the law provides otherwise.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 18 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
ARTICLE XI. Incentives
SECTION 29. Fiscal and Non-Fiscal Incentives. Subject to the provisions of
the Omnibus Investment Code of 1987 (Executive Order 226), the Foreign
Investment Act of 1991 (RA 7042) and other laws granting fiscal incentives
including, but not limited to, Executive Order No. 63, Republic Act No. 7160,
Republic Act No. 7844, Republic Act No. 7718, Republic Act No. 7916 and
Republic Act No. 8289, a qualified enterprise registered under this Investment
Code shall enjoy the following local tax incentives:
A. FISCAL INCENTIVES
Qualified enterprises under this Code shall enjoy the following fiscal
incentives for a period of one year, subject to renewal as the Municipality
may deem necessary, but not to exceed five years from the date of approval
by the Board.
1. Full exemption for large enterprises from the payment of basic real
property tax (municipal share only) on the first year of operation
including improvements, rehabilitation, adaptation, expansion, or
introduction of equipment/machineries.
2. Investors enjoying incentives under Omnibus Investment Code of 1987
shall be exempted from payment of the fees and taxes as enumerated
under 1 and 2 above, for a maximum period of four (4) years for non-
pioneer and five (5) years for pioneer industries.
3. Full exemption from the payment of postal charges of fees pursuant to
Article 282 of the LGC on the first year of operation.
4. Full exemption from the share of the local government on special levy, if
being implemented, on the first year of operations.
B. NON-FISCAL INCENTIVES
1. Special access to IPC services such as:
investment counseling
business visit facilitation
business information related to investments
project profile preparation
business partner identification and matching
incentives availment
access to financial source
social services
trouble shooting and follow-up
2. Assistance in the preparation of the project feasibility studies, if needed.
3. Other incentives as approved by the Sangguniang Bayan upon
recommendation of the MLIIB, especially for firms that employ more
workers while increasing international competitiveness.
SECTION 30. Green Incentives. Exemption From Payments for Environmental
Services (PES) Incentives for enterprises engaged in payments for
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 19 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
environmental or ecosystem services with poor, marginalized communities or
local governments for environmental protection and climate change adaptation.
PES contributions may be in the form of direct technical and financial assistance
on sustainable livelihood activities that will reduce the poors vulnerability to
climate change, financing protection or rehabilitation of degraded ecosystems, and
other environmental activities formally agreed on with concerned communities
and local government units.
a. An enterprise availing of the green investment incentive shall file an
application with the IPC regarding its intent to undertake a green/social
activity, the location and the date. Said activity shall either be a regular
activity or that can be completed within the timeframe approved by the
LIIB.
b. The IPC shall be in charge of issuing a certification that the registered
enterprise is in its environmental services program, or has undertaken
regular green and socially responsible activities and is qualified for the
incentive.
c. After due verification of contributions to payments for environmental or
ecosystem services program, urban greening and restoration, reforestation
and planting of trees, and similar investments, the IPC shall issue a
certification indicating the costs of such activities. Such certification shall
be presented to the local treasurer concerned during the payment of the
business tax to avail of the incentive.
This incentive is non- transferable. In case of a change of ownership of the
enterprise, the incentives shall not be transferred to the new owner, but shall
continue to be enjoyed by the original owner and applied to his new business
enterprise, if any, provided that, the period of incentive shall expire within a given
period from the date of application regardless of whether the owner availed of it or
not. The new owner of the enterprise has the option to apply for green incentives,
provided further that, the enterprise continues its green initiatives and complies
with all the requirements to avail of the incentives.
SECTION 31. The Investment Program shall apply to new businesses which
establish and start its operations after the approval of this Ordinance or on January
1, 2018 onwards, and those existing enterprises planning to expand their
investments shall enjoy the privileges granted by this program for the first year of
their operations as maybe determined on the basis of the amount of investments
put up by the investors under the following brackets:
CAPITAL INVESTMENT RATE OF INCENTIVES
For Philippine and Foreign Investors: Business Tax
Peso and Dollar Equivalent of PHP 50%
15,000,001.00 but not more than
PHP 50,000,000.00
Peso and Dollar Equivalent of PHP 75%
50,000,001.00 but not more than
PHP 100,000,000.00
Peso and Dollar Equivalent of more 100%
than PHP 100,000,000.00
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 20 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
SECTION 34. Tax Holiday Incentives. All qualified and accepted applicants to
the Investment Incentive Program shall enjoy the Tax Exemption privilege for a
period stated in Section 31, hereof, and exempted from the payment of other taxes
imposed by the Municipality under existing tax or revenue ordinances in
accordance with the provisions of Section 29 hereof;
SECTION 32. - Existing businesses of whatever kind or nature that are retired for
the purpose of availing of this Investment Incentive Program shall not be allowed
to apply under this ordinance.
SECTION 33. Investment Incentives and Support Measures. To promote the
growth of investments in the municipality and in the preferred investment areas,
the Board shall recommend for approval to the Sangguniang Bayan the following
incentives and support measures which the government shall be willing to extend
to targeted investors for their proper-availment.
SECTION 34. Effectivity of Apropriate Incentives and Support Measures. The
Board shall review the package of appropriate incentives and support measures
every two (2) years and may remove an area or activity from the list, at any point,
when the following conditions are present:
a. sufficient investments in the areas or activity have been attained
b. continued extension of incentives or support measures for the specific
investment area is no longer to the interest of the town or may place the
government and the public in adverse position
c. the investment area or activity cannot attract investors within reasonable
time and cause or may result in unfavorable business climate of in the town
d. the interest of the municipality and the public is in adverse position.
SECTION 35. Revenues from the Operation of the Code. The LGU may
provide that income derived from the operation of this Code, specifically filing fee
of medium and large enterprises availing of the incentives of this code, shall go to
the special coffers captioned Investments Promotion Fund. Said fund shall be
used solely for the operation and maintenance and other operating expenses of the
IPC of the LGU or as may be determined by the Board and authorized by the
Sangguniang Bayan. Other revenues shall accrue to the general fund.
SECTION 36. Immediate Release of Fund. For purposes of expediting the
operations of the IPC, its allocation for the Investments Promotion Fund shall be
immediately released.
ARTICLE XII. Support to BMBEs and MSMEs
SECTION 37. Barangay Micro-Business Enterprise. Micro-sized enterprises
are encouraged to be registered as Barangay Micro-Business Enterprise (BMBE)
in the local government for them to avail incentives from the national government
under the Act.
Pursuant and subject to Republic Act No. 9178, there shall be an imposed fee in
the amount of for the registration of BMBEs and issuance of Certificate of
Authority. The BMBE Authority shall be valid for a period of two (2) years from
date of registration, renewable for a period of two years for every renewal unless
cancelled. A registration fee of One Thousand Two Hundred (PHP 1,200.00)
Pesos shall apply to the Certificate of Registration of small-sized enterprises.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 21 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
The Local Government Unit of San Jose shall impose the amount of local taxes to
BMBEs based on the prevailing tax rate in the Revenue Code.
SECTION 38. Support to Barangay, Micro, Small & Medium Sized Enterprises
(MSMEs). MSMEs on account of their contribution to employment generation,
countryside development and the cultivation of the Filipino entrepreneurial spirit,
the following assistance given to register MSMEs may be considered by the LGU:
a. Preparation of simplified project application;
b. Identification of MSMEs support companies;
c. Reduction of application fee for incentives;
d. Posting of notice of filing of application in municipal or barangay hall in
lieu of the publication in newspaper of general circulation;
e. Simplified documentary, reportorial requirements and applications for
Incentives.
SECTION 39. Pursuant to Article 61 of Republic Act (RA) 9520, otherwise
known as The Philippine Cooperative Code of 2008 and RA 7916, otherwise
known as The Special Economic Zone Act of 1995, there shall be also tax
breaks of cooperatives and locators of ecozones, respectively.
ARTICLE XIII. Transitory Provisions
SECTION 40. Implementing Guidelines. The MLIIB shall make the
implementing rules and regulations of this Code within thirty (30) days from
effectivity.
SECTION 41. Exception. - This investment Incentive Program shall not apply to
financing or banking institutions which are governed by the Central Banking Act
and under the supervision of the Central Bank of the Philippines.
SECTION 42. The incentives and privileges granted to the registered enterprises
of this Local Investment Incentives ordinance are non-transferable, except in the
event of death, permanent incapacity of a participating member, where the
incentives and privileges shall be transferred to their heirs of the decedent in
accordance to the law on succession, if the applicant is a natural person. Mergers,
consolidations, buy-outs and the like of corporations or partnerships shall be
decided on a case-to-case basis by the Board provided that when such movements
are done to strengthen the corporation and increase its capital investment, then
such movement may be treated as an expanding enterprise.
SECTION 43. Annual Inspection. The Municipality of San Jose Investment and
Investment Board (MLIIB) shall conduct an annual inspection on the participating
firms on their progress either by itself or by requesting a local government agency
to conduct the same and said inspection shall be limited to the total gross
sales/receipts; compliance of the Minimum Wage Law; or to the provisions of this
Ordinance and the privileges granted as stated in the Certificate of
Registration/Exemption.
SECTION 44. Visitorial Power. The Municipality of San Jose Investment and
Incentive Board (MLIIB), in addition to conducting annual inspection is also
empowered and authorized to conduct an ocular inspection of the premises and
business activity of any enterprise registered or applying for registration, provided
that such inspection or examination is done at a reasonable time of the day, during
office hours, for verification or ascertaining the enterprises strict compliance with
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 22 of 22
ATTESTED BY:
RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
NATHANIEL B. GARCIA
Municipal Councilor
HARRY GILBERT C. CHUA
Municipal Councilor
SANTIAGO V. JAVIER, JR.
Municipal Councilor
ARNELDO E. ARGAME
Municipal Councilor
MERCY I. ALVARAN
Municipal Councilor
MYNA G. ZAPANTA
Municipal Councilor
JERRY B. BALAGOT III
Ex-Officio Member
Liga ng mga Barangay
(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation
(Vacant)
Ex-Officio Member
Mangyan Representative
APPROVED BY:
ROMULO M. FESTIN
Municipal Mayor
Date
-dvbb-Approved: _________________
the provision of this Ordinance or when MCIB deems it necessary in or incidental
to the effective exercise and performance of their respective functions and powers.
SECTION 45. Reporting. At the end of each calendar year but not later than
April 30th, all registered enterprises to this program shall submit copies of duly
audited financial statements to the Local Investment Board, the Sangguniang
Bayan, Municipal Treasurer, and the Office of the Mayor for evaluation and
record purposes.
ARTICLE XIV. Penal Provisions
SECTION 46. Penal Clause. Any violation of the provision of the Code shall
be a ground for the cancellation or revocation of the Certificate of Registration of
the project/business. The cancellation or revocation of the Certificate of
Registration shall mean the withdrawal of all the incentives granted under the
Code; and all fees and charges previously exempted shall become due and
demandable.
SECTION 47. Grounds for Cancellation of CR. Grounds for the Cancellation of
the Certificate of Registration as follows:
1) Violation of the provisions of the Code and such other violation of
laws, rules and regulation or ordinances;
2) Violation of the terms and conditions specified in the Certificate of Registration
3) Material misrepresentation
SECTION 48. Appeal from the Decision of the LIIB. The applicant or business
enterprise adversely affected by any decision of the Board relative to its
cancellation/revocation of registration or the impositions of fines/penalties in
accordance with this Code may file a motion for reconsideration within 15 days
from receipt of the decision, otherwise the decision shall become final and
executory.
SECTION 49. Refund and Penalties. In case of the cancellation of the
Certificate of Registration, the LIIB shall require the refund of incentives availed
of and impose corresponding fines and penalties.
SECTION 50. Violations. Any participating member who is found to have
violated any provisions of this Ordinance shall forfeit the incentives and privileges
granted, and shall be required to pay all taxes and fees due from the start of its
business operation, upon the recommendation of the Local Investment Board.
SECTION 51. Fines and Penalty. Any person who violates any provision of
this Ordinance shall be penalized with a fine of not less than One Thousand Pesos
(P1,000.00) but not more than Two Thousand Five Hundred Pesos (P2,500.00) or
an imprisonment of not less than one (1) month but not more than six (6) months,
or both such fine and imprisonment at the discretion of the court.
In case of violations committed by the partnership, corporation, association or
cooperative, the Manager or President or Chief Executive Officer, as the case
maybe, shall suffer the penalty provided herein.
Any violation of the provisions of this Ordinance committed by any of the
registered enterprise shall be a ground for the cancelation or revocation of the
registration of the enterprise and withdrawal of all incentives granted under this
Ordinance by the Municipal Government.
 MUNICIPAL ORDINANCE No. XXX
Date of Approval: Month XX, 2017
Office of the Sangguniang bayan
San Jose, Occidental Mindoro
Page 23 of 22

ATTESTED BY:
ARTICLE XV. Final Provisions

RODERICK Q. AGAS
Municipal Vice-Mayor
SANGGUNIANG BAYAN
MEMBERS:
(On Leave)
DIONISIO C. MALILAY, JR.
Municipal Councilor
JOEL G. AGUILAR
Municipal Councilor
SECTION 52. Separability Clause. If, for any reason, any section or provision of
this Code or any part thereof, or the application of such section, provision or portion is
declared invalid or unconstitutional, the remainder thereof shall not be affected by
such declaration.
SECTION 53. Repealing Clause. (a) Municipal Ordinance No. 719 is hereby
repealed. Furthermore, all ordinances and resolutions or parts thereof inconsistent
with the provisions of this Code are hereby repealed or modified accordingly.
(b) This Ordinance takes precedence and thus hereby modifies the relevant
procedures and approval processes outlined in other ordinances of the
Local Government Unit of San Jose, Occidental Mindoro relating to the
implementation of investments and incentives provided herein.

SECTION 54. Effectivity. This Code shall take effect fifteen (15) days after its
NATHANIEL B. GARCIA
posting in two conspicuous places within the Local Government Unit of San Jose,
Municipal Councilor Occidental Mindoro.

CERTIFIED CORRECT:
HARRY GILBERT C. CHUA
Municipal Councilor
FELMA G. AGUILAN
Secretary to the Sanggunian
SANTIAGO V. JAVIER, JR.
Municipal Councilor

ARNELDO E. ARGAME
Municipal Councilor

MERCY I. ALVARAN
Municipal Councilor

MYNA G. ZAPANTA
Municipal Councilor

JERRY B. BALAGOT III

Ex-Officio Member
Liga ng mga Barangay

(Vacant)
Ex-Officio Member
Sangguniang Kabataan Federation

(Vacant)
Ex-Officio Member
Mangyan Representative

APPROVED BY:

ROMULO M. FESTIN
Municipal Mayor

Date
-dvbb-Approved: _________________