The Office of the Government Corporate Counsel (OGCC) rendered an opinion advising its client, the Clark Freeport Zone (CFZ), that it has the authority to issue permits to locators within its territory. The opinion was an offshoot of a work stoppage order issued by the Municipality of Mabalacat to the Fontana Leisure Resorts that prompted the CFZ to seek the opinion of the OGCC.
Clark Freeport Zone informed the OGCC that the Municipality of Mabalacat has issued a Work Stoppage Order on the basis of a condition stated in the Environmental Compliance Certificate that “all pertinent permits shall be secured by the proponent from the concerned government agencies and LGUs” and because the golf course project of Fontana is situated at Barangay Macapagal Village, a duly constituted barangay of Mabalacat.
In his opinion, GCC Alberto C. Agra said that the power to issue licenses and permits such as building permits, excavation permits, and fire inspection permits to entities within the Clark Special Economic Zone belongs to the CFZ. Agra says CFZ, as a “body corporate” that will be the operating and implementing arm of the BCDA to manage the Clark Special Economic Zone, is granted the same powers and functions as those exercised by the Export Processing Zone Authority. Section 6 of PD No. 1786 amending PD No. 66 expressly provides that “the administration and enforcement of the provisions of Presidential Decree No. 1096, otherwise known as the National Building Code of the Philippines, in all zones and areas owned and administered by the Authority shall be vested in the Administrator or his duly authorized representative. He shall appoint such EPZA qualified personnel as may be necessary as Building Officials who shall be charged with the duty of issuing building permits in the different zones. All fees and dues collected by the Building Official under the National Building Code shall accrue to the Authority.” Thus, he says, when CFZ issued the required permits to Fontana, in connection with the construction of a golf course therein, it was done pursuant to the said laws.
