FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
1 
INTRODUCED BY HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Section 5 of Republic Act No. 7916, also known as the ‘Special Economic Zone Act of 
1995”cites Sarangani as a priority area for the establishment of economic zones. To wit, “TO 
ensure the viability and geographic dispersal of ECOZONES through a system of 
prioritization, the folowng areas are im’tially identified as ECOZONES mx (e) So much as 
may be necessaq of thatpornion of the Province of Sarangani ” 
Sarangani is strategically located at the Southernmost tip of Mindanao directly facing 
Indonesia and other neighbor East ASEAN countries, which makes it the gateway to BIMP- 
EAGA (Brunei Darussalam, Indonesia, Malaysia and the Philippines - East ASEAN Growth 
Area) and country’s backdoor to international linkage. This strategic geographical location 
gives Sarangani great potential for industry complementation with its proximate neighbor 
countries. It is in a unique position to marshal its resources, entice tourists and investors, 
compete in an international market and harness vast investment possibilities. 
This bill, therefore, seeks to boost the naturally endowed economic capability of 
Sarangani by creating Maasim-Kiamba-Maitum Industrial Triangle (MAKIMA-IT) Special 
Economic Zone covering three (3) municipalities of Sarangani, namely, Maasim, Kiamba and 
Maitum. Specifically, it aims to facilitate employment generation, increased family standards 
and improved human development for Sarangani through enabling an environment of 
increased equity investments, supervised by the Sarangans themselves. The special economic 
zone shall be considered as a separate customs territory and will have a governing tax system 
comparable to other successful economic zones across the country. 
Further, this bill aims to increase the economic activity not only in the MAKIMA 
municipalities but, also province-wide and within the region where raw materials for 
production and support services shall come from resulting in increased incomes and Gross 
Domestic Product (GDP). It is also envisioned to enhance linkages among MAKIMA, 
Sarangani, regional and national government agencies and private business enterprises 
resulting to better coordination and relations. 
In view of the foregoing, approval of this bill is 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
S E N A T E  
/ 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
TRIANGLE SPECIAL ECONOMIC ZONE IN THE PROVINCE OF 
MAITUM 
INDUSTRIAL TRIANGLE 
SPECIAL 
ECONOMIC 
ZONE 
AUTHORITY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES. 
ESTABLISHING 
THE 
MAASIM-KIAMBA-MAITUM 
INDUSTRIAL 
SARANGANI, CREATING FOR THE PURPOSE THE MAASIM-KIAMBA- 
Be enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled 
SECTION 1. Short Title. - This Act shall be known as the “Maasim-Kiamba-Maitum 
Industrial Triangle Special Economic Zone Act of 2009.’’ 
SEC. 2. Declaration ofpolicy and Principles. - It is hereby declared the policy of the 
State to actively encourage, promote, induce and accelerate the sound and balanced 
industrial, economic and social development of the country in order to provide jobs to the 
people especially those in the rural area, increase their productivity and their individual and 
family income, and thereby improve the level and quality of their living conditions through 
the establishment, among others, of special economic zones in suitable and strategic locations 
in the country and through measures that shall effectively attract legitimate and productive 
foreign investments 
SEC. 3. Creation of the Maasim-Kiamba-Maitum Industrial Tnangle Special Economic 
Zone. - In pursuit of the foregoing declared policy and subject to the concurrence of the 
concerned local government units (LGUs) of Sarangani Province affected by the zone, there 
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is hereby established a special economic zone in the Province of Sarangani, hereinafter 
referred to as the Maasim-Kiamba-Maitum Industrial Triangle Special Economic Zone or the 
MAKIMA-IT Ecozone. The MAKIMA-IT Ecozone shall cover the entire area embraced by: 
Sitio Seguil, Barangay Tinoto and Barangays Kamanga, Malbang and Colon in the 
Municipality of Maasim; Kling Plantation and Barangays Nalu and Tambilil in the 
Municipality of Kiamba; and Barangays Kalaong, Mabay and Old Poblacion in the 
Municipality of Maitum. The specific metes and bounds of the MAKIMA-IT Ecozone shall 
be more particularly described and defined as follows: 
(a) IN THE MUNICIPALITY MAASIM: 
Sitio Seguil, Barangay Tinoto with a land area of 573.9409 hectares - its perimeter 
beginning at a point marked “1” on the mouth of Tampat creek (125.15, 5.55) following its 
course upstream to point 2 with a distance of 1,398.1924 meters. Thence 4,737.5478 meters 
due north to point 3. Thence 2,598.9690 meters on the course downstream to point 4 at the 
mouth of Seguil River. Thence 4,558.4607 meters following the coastal line southward to the 
point of beginning. 
Portions of Barangay Kamanga, Malabang and Colon with an aggregate land area of 
1,637.8349 hectares - its perimeter beginning at a point marked “1” (125.05, 5.416666) 
336.1009 meters due north to point 2. Thence N76-00W 3,409.0859 meters to point 3. 
Thence 647.7688 meters due north to point 4. Thence 4,684.8956 meters due east to point 5. 
Thence N65-00E 3,281.8566 meters to point 6. Thence S65-00E 2,148.52 meters to point 7. 
Thence 3,433.6432 meters following the coastal line westward to point 8. Thence 383.8778 
meters due north to point 9. Thence 1,129.2888 meters due west to point 10. Thence 
430.3896 meters following Kamanga River downstream to point 11. Thence 2,864.7673 
meters following the coastal line westward to the point of beginning. 
(b) IN THE MUNICIPALITY OF KIAMBA 
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Kling Plantation, Barangay Kling, with a land area of 458.6395 hectares - its 
perimeter beginning at a point marked “1” thence S22-50W 2,380.06 meters to point 2. 
Thence N69-40E 592.87 meters to point 3. Thence S23-09E 571.11 meters to point 4. Thence 
N39-53W 848.33 meters to point 5. Thence S27-06W 1,401.22 meters to point 6. Thence 
S89-58W 417.78 meters to point 7. Thence S57-55W 300.86 meters to point 8. Thence S45- 
02E 269.33 meters to point 9.Thence S59-31W 666.45 meters to point 10. Thence S85-19W 
416.08 meters to point 11.Thence S63-52E 390.16 meters to point 12. Thence SO4-57W 
354.57 meters to point 13. Thence N88-04W 448.77 meters to point 14. Thence S76-37E 
754.78 meters to point 15. Thence S59-39W 480.49 meters to point 16. Thence S26-22W 
428.59 meters to point 17. Thence S10-55E 325.30 meters to point 18. Thence S73-00E 
986.32 meters to point 19. Thence N61-22W 1,204.25 meters to point 20. Thence N61-29W 
1,272.89 meters to point 21. Thence N17-46E 522.61 meters to point 22. Thence N49-48E 
524.77 meters to point 23. Thence N27-14E 1,261.13 meters to point 24. Thence S80-55W 
292.41 meters to point 25. Thence N57-30W 834.24 meters to point 26. Thence N59-39W 
1,135.82 meters to point 27. Thence N31-llE 373.53 meters to point 28. Thence N52-47E 
320.08 meters to point 29. Thence N08-33E 226.76 meters to point 30. Thence N44-35E 
314.95 meters to point 31. Thence N87-34W 716.37 meters to point 32. Thence N10-20E 
359.07 meters to point 33. Thence N19-46E 372.12 meters to point 34. Thence N56-09E 
347.59 meters to point 35. Thence S77-26E 295.86 meters to point 36. Thence N79-32E 
356.06 meters to point 37. Thence S67-03E 417.05 meters to point 38. Thence N70-41E 
781.05 meters to point 39. Thence S48-50E 195.91 meters to point 40. Thence S73-02E 
1,355.47 meters to point 41. Thence N81-51E 1,129.46 meters to the point of beginning. 
Portions of Barangay Nalus with an aggregate land area of 249.1030 hectares - its 
perimeter beginning at a point marked “1” thence N33-35W 361.33 meters to point 2. 
Thence S89-23E 3,435.03 meters to point 3. Thence S84-32E 806.26 meters to point 4. 
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Thence S00-51E 2,478.97 meters to point 5. Thence S73-03W 379.35 meters to point 6. 
Thence N38-28W 988.61 Meters to point 7. Thence N62-18W 2,181.01 meters to point 8. 
Thence N62-12W 1,317.44 meters to the point of beginning. 
Portions of Barangay Tambilil with an aggregate land area of 503.7911 hectares - its 
perimeter beginning at a point marked “1”. Thence S76-36E 1,641.96 meters to point 2. 
Thence S33-23E 603.15 meters to point 3. Thence S00-42W 1,477.55 meters to point 4. 
Thence S60-35E 2,468.84 meters to point 5. Thence SO5-44W 1,379.94 meters to point 6. 
Thence N81-32W 2,332.38 meters to point 7. Thence N47-54W 517.59 meters to point 8. 
Thence N89-53W 1,425.27 meters to point 9. Thence N71-29W 550.76 meters to point 10. 
Thence N60-01W 1,702.29 meters to point 11. Thence N34-08E 3,900.98 meters to the point 
of beginning. 
(c) IN THE MUNICPALITY OF MAITUM: 
Portions of Barangay Kalaong with an aggregate land area of 151.5394 hectares - its 
perimeter beginning at a point marked “1”. Thence Nll-19E 1,381.30 meters to point 2. 
Thence S80-16E 564.58 meters to point 3. Thence N59-27E 839.24 meters to point 4. Thence 
N48-38E 524.90 meters to point 5. Thence S34-38E 1,400.29 meters to point 6. Thence N78- 
16W 494.26 meters to point 7. Thence S19-28E 700.50 meters to point 8. Thence S32-40W 
587.22 meters to point 9. Thence S83-32W 597.25 meters to point 10. Thence SO5-03W 
666.02 meters to point 11. Thence Sol-31E 801.96 meters to point 12. Thence N76-26W 
262.49 meters to point 13. Thence N46-30W 910.83 meters to point 14. Thence Nll-31W 
783.73 meters to point 15. Thence N79-34W 578.38 meters to the point of beginning. 
Portions of Barangay Mabay with an aggregate land areas of 168.7388 hectares - its 
perimeter beginning at a point marked “1” thence S02-45E 507.39 meters to point 2. Thence 
N31-40E 328.29 meters to point 3. Thence N86-15E 560.80 meters to point 4. Thence N70- 
58W 744.74 meters to point 5. Thence N54-04E 1,940.88 meters to point 6. Thence N19-00E 
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321.55 meters to point 7. Thence N88-54W 162.98 meters to point 8. Thence 572-49E 395.78 
meters to point 9. Thence S73-23E 1,150.48 meters to point 10. Thence S33-22W 1,603.10 
meters to point 11. Thence N86-37W 1,102.62 meters to point 12. Thence S18-57W 464.35 
meters to point 13. Thence N26-01W 567.47 meters to point 14. Thence N35-09W 101.43 
meters to point 15. Thence N83-37W 609.47 meters to the point of beginning. 
Portions of Barangay Old Poblacion with an aggregate land area of 164.9358 hectares 
-its perimeter beginning at a point marked “1’ thence S52-24E 2,296.72 meters to point 2. 
Thence S34-47W 792.71 meters to point 3. Thence S74-20W 386.33 meters to point 4. 
Thence N89-59W 212.16 meters to point 5. Thence S34-33W 2,050.56 meters to point 6. 
Thence N62-28E 784.01 meters to point 7. Thence N17-03W 282.765 meters to point 8. 
Thence N77-41W 2,394.85 meters to point 9. Thence N31-21E 981.65 meters to point 10. 
Thence S23-58E 121.02 meters to point 11. Thence N77-14E 416.20 meters to point 12. 
Thence N62-42E 1,218.16 meters to point 13. Thence N05-26E 1,366.79 meters to the point 
of beginning. 
SEC. 4. Governing Principles. - The MAKIMA-IT Special Economic Zone shall be 
managed by the MAKIMA-IT Special Economic Zone Authority, hereinafter referred to as 
the MITSEZA, created under Section 10 of this Act under the following principles: 
(a) Within the framework and limitation of the Constitution and applicable provisions 
of the Local Government Code, the MAKIMA-IT Ecozone shall be developed into and 
operated as a decentralized, self-reliant and self-sustaining industrial, commercial/trading, 
agro-industrial, tourist, banking, financial and investment center with residential areas. 
(b) The 
MAKIMA-IT 
Ecozone 
shall 
. be 
provided 
with 
transportation, 
telecommunications and other facilities needed to attract legitimate and productive 
investments, generate linkage industries and employment opportunities for the people of 
Sarangani and its neighboring towns and cities. 
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(c) The MAKIMA-IT Ecozone may establish mutually beneficial economic relations 
with other entities or enterprises within the country or, subject to the administrative 
guidance of the Department of Foreign Affairs (DFA), the Philippine Economic Zone 
Authority (PEZA) andor the Department of Trade and Industry (DTI), with foreign 
entities or enterprises. 
(d) Foreign citizens and companies owned by non-Filipinos in whatever proportions 
may set up enterprises in the MAKIMA-IT Ecozone, either by themselves or in joint 
venture with Filipinos in any sector of industry, international trade and commerce within 
the MAKIMA-IT Ecozone. 
(e) The areas comprising the MAKIMA-IT Ecozone may be expanded or reduced when 
necessary. For this purpose, the MITSEZA, in consultation with the LGUs, shall have the 
power to acquire either by purchase, negotiation or condemnation proceedings, any private 
land within or adjacent to the MAKIMA-IT Ecozone for the following purpose: (1) 
consolidation of lands for MAKIMA-IT Ecozone development; (2) acquisition of right of 
way to the MAKIMA-IT Ecozone; and (3) the protection of watershed areas and natural 
assets valuable to the prosperity of the MAKIMA-IT Ecozone. 
(0 Goods manufactured by a MAKIMA-IT Ecozone enterprise shall be made for 
immediate retail sale in the domestic market, subject to the payment of corresponding taxes 
on raw materials and other regulations that maybe formulated by the MITSEZA, together 
with the PEZA, the Bureau of Customs, and the DTI. However, in order to protect 
domestic industries, a negative list of industries shall be drawn up and regularly updated by 
the PEZA. Enterprises engaged in industries included in such negative list shall be allowed 
to sell their products locally. 
(g) The national government shall maintain its ability to coordinate with the MAKIMA- 
IT Ecozone and the local government units. 
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SEC. 5. Incentives to Registered Enterprises. - MAKIMA-IT Special Economic Zone 
Authority (MITSEZA) may administer the following incentives to the registered enterprises 
located therein to the extent of the activity/project: 
(A) Income Tax Holiday (ITH) - Registered domestic enterprises shall be entitled to 
an income tax holiday from the start of their commercial operations to the extent of their 
activity under the following categories; 
Category A - Registered domestic enterprise located in highly developed areas, as 
determined by the Board of Investments (BOI) shall be entitled to a four-year income tax 
holiday. 
Category B - Registered domestic enterprises on the following shall be entitled to a 
six-year income tax holiday; 
(1) Located in less developed areas as defined by the BOI; or 
(2) ProducingRendering new productslsenrices or having strong backward or 
forward linkages. 
Category C - Registered export enterprises shall be entitled to a six-year income tax 
holiday: Provided, however, That if the export enterprise complies with the following: (1) 
large capital investments or sizeable employment generation; or (2) use high level of 
technology; (3) located outside Metro Manila, it shall be entitled to an eight-year income tax 
holiday. 
Registered enterprises embarking on new investments that are listed in the current 
Investment Priorities Plan (IPP) shall be entitled to incentives provided herein pertaining to 
the new investments and subject to such terms and conditions as the BO1 may determine. 
For this purpose, a registered enterprise shall be defined as any person, natural or 
juridical, licensed to do business in the Philippines and registered with the MAKIMA-IT 
Special Economic Zone Authority (MITSEZA) to transact business within the MAKIMA-IT 
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Special Economic Zone. A registered export enterprise shall be defined as any registered 
enterprise engaged directly or indirectly in the production, manufacture or trade of products 
or services which earns at least seventy percent (70%) of its normal operating revenues from 
the sale of its products or service abroad for foreign currency. A registered domestic 
enterprise, meanwhile, shall be defined as any registered enterprise not falling under the 
definitions of a registered export enterprise. 
Additional investments on the project shall be entitled to the income tax holidays 
corresponding to such investments as may be determined by the BOI. Additional income tax 
holiday may be granted for as long as the investment is made on the same project; Provided, 
That the project is listed in the IPP at the same time the additional investment in the project 
is made; Provided, further, That the entitlement period for additional investment shall not 
exceed three times the period provided under this subsection: Provided, however, that the 
total ITH period for an export enterprise availing of an eight-year ITH shall not exceed 
twenty (20) years. Any unused incentives shall therefore be deemed forfeited if not used 
during the incentive period. 
Enterprises registered with the MITSEZA are required to share in the special 
development fund of the BO1 for investment promotion projects of the government 
equivalent to one percent (1%) of the ITH granted for every application. 
The Bureau of Internal Revenue (BIR) shall require a registered enterprise availing of 
ITH or Net Operating Loss Carryover (NOLCO) to secure a certificate of eligibility from the 
MISEZA before submitting its income tax return (ITR) with the MITSEZA for validation, 
Failure to secure certification andor file the ITH or NOLCO availment for validation 
by the MITSEZA within forty-five (45) days from the last day of the statutory fiIing date for 
ITR shall cause the forfeiture of the availment for the taxable period. 
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(B) Net Operating Loss Carryover (NOLCO). - Net operating loss of the business or 
enterprise during the first three years from the start of commercial operations which have 
not been previously offset as deduction from gross income shall be carried over as a 
deduction from gross income for the next five consecutive years immediately following the 
year of such loss; Provided, however, That operating loss resulting from availment of 
incentives provided in this Act shall not be entitled to NOLCO. 
Registered enterprises availing of the ITH as herein provided shall not be entitled to 
avail of the NOLCO. 
(C) Imposition of a tax rate of the five percent (5%) on Gross Income Earned (GIE) - 
Except for real property tax on land, no local and national taxes a prescribed under Republic 
Act No. 8424, also known as “The National Revenue Code of 1997, as Amended” such as 
income tax, excise tax and franchise taxes, shall be imposed on registered enterprises 
operating within the MAKIMA-IT Ecozone. In lieu thereof, five percent (5%) of the gross 
income earned shall be paid as follows: 
(a) Three percent (3%) tot he National Government; and, 
(b) Two percent (2%) shall be remitted by the business establishments to the 
treasurer’s office of the municipality or city where the enterprise is located. 
All persons and service establishments in the MAKIMA-IT Ecozone shall be subject 
to national and local taxes under the National Internal Revenue Code of 1997, as amended, 
and Local Government Code. 
(D) Accelerated Depreciation. - Accelerated depreciation of plant, machinery and 
equipment that are reasonably needed and actually used for the production and transport of 
goods and services may be allowed using a rate not exceeding twice the rate which would 
have been used had the annual allowance been computed in accordance with the rules and 
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regulations prescribed by the Secretary of Finance and the provisions of the National 
Internal Revenue Code of 1997, as amended. 
(E) Capital Equipment Incentives. - (1) Importations of capital equipment, spare parts, 
tools and dye, or those required for pollution abatement and control, cleaner production and 
waste reduction including consignment thereof by registered enterprises upon effectivity of 
this law, shall be exempted to the extent of one hundred percent (100%) of the taxes and 
customs duties; Provided, That the imported items thereof shall be used exclusively by the 
registered enterprise in its registered activity; Provided, hrrher, That the importation of 
machinery and equipment and accompanying parts shall comply with the following 
conditions: 
(i) They are not manufactured domestically in sufficient quantity, of comparable 
quality and at reasonable prices: 
(ii) They are reasonably needed and will be used exclusively by the registered 
enterprise in the manufacture of its products, unless prior approval of the MITSEZA is 
secured for the part time utilization of said equipment in a non-registered activity to 
maximize usage thereof or the proportionate taxes and duties are paid on a specific 
equipment and machinery being permanently used for non-registered activities: and, 
(iii) Approval of the MITSEZA was obtained by the registered enterprise for the 
importation of such machinery, equipment and spare parts. 
Approval of the MITSEZA must be secured before any sale, transfer or disposition of 
the imported capital equipment, machinery or spare parts is made; Provide, That if such sale, 
transfers or disposition is made within the first five years from date of importation, any of 
the following conditions must be present: 
(1) the same is made to another enterprise enjoying tax and duty exemption on capital 
equipment; 
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(2) the same is made to another enterprise, upon the payment of any taxes and duties 
on the net book value of the capital equipment to be sold; 
(3) the exportation of the capital equipment, machinery, spare parts or source 
documents or those required for pollution abatement and control; or 
(4) proven technical obsolescence of the said equipment, machinery or spare parts. 
When the aforementioned sale, transfer or disposition is made under any of the 
conditions provided for in the foregoing paragraph other than paragraph (2) herein, the 
registered firm shall not pay the taxes and duties waived on such items; Provided, further, 
That if the registered enterprise shall sell, transfer or dispose the aforementioned imported 
items without prior approval within five years from the date of importation, the registered 
enterprise and the vendee, transferee or assignee shall be solidarily liable to pay twice the 
amount of taxes and duties based on the net book value of the capital equipment, machinery 
or spare parts if any of the registration terms and conditions has been violated. Otherwise, 
they shall no longer be subject to the payment of the taxes and duties waived thereon. 
The purchase of machinery, capital equipment, raw materials, supplies, parts and 
semi-finished products to be used in the fabrication of machinery and capital equipment by a 
registered export-oriented enterprise from a domestic manufacturer shall be subject to zero 
percent (0%) value-added tax. 
The registered export-oriented enterprise shall be granted a tax credit equivalent to 
the amount of duties that would have been waived on the machinery, capital equipment, raw 
materials, supplies, parts and semi-finished products used in the fabrication of machinery and 
capital equipment, had these items been imported, upon submission to the Department of 
Finance (DOF) of the bill of materials evidencing the transaction value of such and other 
documents, for verification and proper endorsement. 
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The availment by a registered export enterprise of the incentive stated under the 
immediately preceding two paragraphs shall be subject to the following conditions: (a) that 
said capital equipment, machinery and spare parts will be used exclusively by the registered 
enterprise in its registered activity; (b) that the capital equipment or machinery where the 
raw materials, supplies, parts and semi-finished products were used would have qualified for 
tax and duty-free importation; and (c) that the approval of the MITSEZA is obtained by the 
registered enterprise. 
If the registered enterprise sells, transfer or disposes of these 
machineries, capital equipment and spare parts, the provision in the preceding paragraph for 
such disposition shall apply. 
This incentive shall be deemed waived if application for tax credit under this 
subsection was not filed within one year from date of delivery. 
(F) The importation of source documents by information technology-registered 
enterprises shall be eligible for tax and duty free importation. 
(G) Raw MateriaIs Incentives. - Every registered export-oriented enterprise shall 
enjoy a tax credit equivalent to the internal revenue taxes and customs duties paid on the 
supplies, raw materials and semi-manufactured products provided the same are not sufficient 
in quantity or are not competitively priced in the Philippines and which are used in the 
manufacture, processing or production of its export products forming part thereof, exported 
directly and indirectly by the registered export-oriented enterprise, based on the actual taxes 
and duties paid for such materials/supplies semi-manufactured products by the registered 
enterprise. 
This incentive shall be deemed waived if application for tax credit under this 
subsection was not filed within one (1) year from the date of delivery. 
(H) Exemption from Wharfage Dues. 
- The provisions of law to the contrary 
notwithstanding, exports by a registered enterprise shall be exempted from wharfage dues. 
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(I) Deferred Imposition of the Minimum Corporate Income Tax. - The Minimum 
Corporate Income Tax (MCIT) of two percent (2%) of the gross income as of the end of the 
taxable year shall be imposed when the MCIT is greater than the income tax computed under 
the NIRC of 1997, as amended, for the taxable year; Provided, however, That said MICT shall 
be imposed only after the enterprise’s entitlement period to the income tax-based incentives 
has expired. 
(J) Tax Treatment of Merchandise in the MAKIMA-IT Ecozone. - (a) Domestic 
merchandise sent from the MAKIMA-IT Ecozone to areas outside the said ecozone shall, 
whether or not combined with or made part of other articles likewise of local origin or 
manufactured in the Philippines while in the export processing zone, be subject to internal 
revenue laws of the Philippines as domestic goods sold, transferred or disposed of for local 
consumption. 
(b) Merchandise sent from the MAKIMA-IT Ecozone to areas outside the said 
ecozone shall, whether or not combined with or made part of other articles while in 
the zone, be subject to rules and regulations governing imported merchandise. The 
duties and taxes shall be based on the value of said imported materials (except when 
the final product is exempt). 
(c) Articles produced or manufactured in the MAKIMA-IT Ecozone and 
exported therefrom shall, on subsequent importation into the customs territory, be 
subject to the import laws applicable to like articles manufactured in a foreign 
country. 
(d) Unless the contrary is shown, merchandise taken out of the MAKIMA-IT 
Ecozone shall be considered for tax purposes to have been sent to customs territory. 
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(K) Tax Treatment of Raw Materials and Capital Equipment in the MAKIMA-IT 
Ecozone. - Importations of raw materials and capital equipment shall be treated as in the 
Omnibus Investment Code. 
(L) Employment of Foreign Nationals. - Subject to the provisions of Section 29 of 
Commonwealth Act No. 613, as amended, a registered enterprise may employ foreign 
nationals in supervisory or technical positions for a period not exceeding ten (10) years from 
its registration: Provided, That when the majority of the capital stock of a registered 
enterprise is owned by foreign investors, the positions of the resident, treasurer and general 
manager or their equivalents may be retained by foreign nationals beyond the period set 
forth herein and such officer is the owner or a stockholder owning at least ten percent (10%) 
of the outstanding capital stock of the registered enterprise and he remains the owner or 
maintains his stockholdings therein. 
Foreign nationals under employment contract within the purview of this incentive, 
their spouses and unmarried children under twenty-one (21) years of age, who are not 
excluded by Section 29 of Commonwealth Act No. 613, as amended, shall be permitted to 
enter and reside in the Philippines during the period of employment of such foreign 
nationals. They shall be entitled to a multiple entry visa, valid for a period of three years, and 
shall be allowed to enter and leave the Philippines without further documentary 
requirements other than valid passports or other travel documents in the nature of passports. 
The validity of the multiple entry visa shall be extendible yearly. 
The said foreign nationals admitted under this provision, as well as their respective 
spouses and dependents shall be exempt from: (a) obtaining alien certificate of registration 
and immigration clearance certificates; and (b) securing the Alien Employment Permit (AEP) 
and all types of clearances, permits, licenses or their equivalents required by any government 
department or agency. 
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SEC. 6. Incentive to Investors. -Any foreign national covered under Subsection (M) 
of Section 5 of this Act, who invests an amount of US $ 150,000.00, either in cash andor 
equipment, in a registered enterprise shall be entitled to an investor’s visa: Provided, That, 
(1) He is at least eighteen (18) years of age; 
(2) He has not been convicted of a crime involving moral turpitude; 
(3) He is not afflicted with any loathsome, dangerous or contagious disease; and 
(4) He has not been institutionalized for any mental disorder or disability. 
Provided further, That in securing the investor’s visa, the alien-applicant shall be 
entitled to the same privileges provided for under paragraph (M), Section 5 hereof. 
As a holder of investor’s visa, an alien shall be entitled to reside in the Philippines 
while his investment subsists. For this purpose, he should submit an annual report, in the 
form duly prescribed for the purpose, to prove that he has maintained his investment in the 
country. Should said alien withdraw his investments from the Philippines, then the 
investor’s visa issued to him shall automatically expire. 
SEC. 7. Administration, Implementation and Monitoring Incentives. -The MITSEZA 
shall be responsible for the administration and implementation of the incentives granted to 
its respective registered enterprises shall be uniformly applied by MITSEZA. 
The following are the duties and responsibilities of the MITSEZA in the 
administration of incentives: 
(A) 
To adopt consistent procedures of administering incentives in accordance 
with the guidelines established by the BOI; 
(B) 
To adopt and implement systems and procedures affecting trade and customs 
policies in accordance with the requirements established by the Department of 
Finance (DOF) and the BOI; 
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(C) 
To submit information on registered enterprises to the DOF and the BO1 as 
required by any of these agencies to ascertain consistency of investment policies 
and incentives, including their implementation as provided in paragraph (a) 
herein, and to ensure proper implementation of systems and procedures 
affecting trade and customs policies as provided in paragraph (b) herein; and 
(D) 
To perform all other duties and responsibilities as may be required by the 
President of the Philippines. 
For proper monitoring, the BO1 shall create a single database of all incentives 
provided by all incentives granting agencies, including the MITSEZA, and all the 
information thereto. Double entry accounting shall be done by the BO1 in recording all 
incentives granted by the government for transparency purposes. 
SEC. 8. Extension ofPeriodofAvailment. - The availment period of the incentives 
provided herein maybe extended by the MITSEZA, in the event that the registered 
enterprise suffers operational force majeure or any event equivalent thereto, impairing its 
viability; Provided, That the availment period shall not exceed the duration of said force 
majeure or equivalent event. . 
SEC. 9. Duration of Incentives. - Enterprises registered with the MITSEZA may 
enjoy ITH or NOLCO granted by the latter prior to the availment of the five percent (5%) 
GIE. 
Fiscal incentives under this act shall be terminated after a cumulative period of 
twenty (20) years from the date of registration or start of commercial operation, whichever is 
applicable, except that it could be extended with regard to industries deemed indispensable 
to national development. 
The industries exempted from this provision shall be recommended by the BOI, with 
the concurrence of the Secretaries of the Departments of Finance and Trade and Industry. 
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SEC. 10. Creation of fhelMAKTMA-ITSpecialEconomic Zone Aufhonty - There is 
hereby created a body corporate to be known as the MAKIMA-IT Special Economic Zone 
Authority, hereinafter referred to as the MITSEZA, which shall manage and operate, in 
accordance with the provisions of this Act, the MAKIMA-IT Special Economic Zone. this 
corporate franchise shall expire in fifty (50) years counted from the first day of the fifth (Sth) 
calendar year after the effectivity of this Act, unless otherwise extended by Congress. It 
shall be organized within one hundred eighty (180) days of effectivity of this Act. 
SEC. 11. Principa1 Office of the MIBEZA. - The MAKIMA-IT Special Economic 
Zone Authority shall maintain its principal office in the Municipality of Kiamba, but it may 
establish branches within the Philippines as may be necessary for the proper conduct of its 
business. 
SEC. 12. Powers and Functions of the MAKIMA-ITSpecial Economic Zone Authority 
(MITSEZA) - The MAKIMA-IT Special Economic Zone Authority shall have the following 
powers and functions: 
(a) To operate, administer, manage and develop the MAKIMA-IT Ecozone in an 
efficient and decentralized manner, subject to existing laws: 
(b) To register, regulate and supervise the enterprises in the MAKIMA-IT Ecozone in 
an efficient and decentralized manner, subject to existing laws; 
(c) To coordinate with local government units and exercise general supervision over 
the development plans, activities and operations of the MAKIMA-IT Ecozone; 
(d) To regulate and undertake the establishment, operation and maintenance of 
utilities, other services and infrastructure in the MAKIMA-IT Ecozone such as but not 
limited to heat, light and power, water supply, telecommunications, transport, toll roads and 
bridges, port services, etc. and to fix just, reasonable and competitive rates, fares, charges and 
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(e) To construct, acquire, own, lease, operate and maintain on its own or through 
contracts, franchise, licenses, bulk purchases from the private sector or permits under any of 
the schemes allowed in Republic Act No. 6957 (the Build-Operate-Transfer Law, as amended 
by R.A. No. 7718) or joint venture, adequate facilities and infrastructures required or needed 
for the operation and development of the MAKIMA-IT Ecozone, in coordination with 
appropriation national and local government authorities and in conformity with applicable 
laws thereon; 
(f) To operate on its own, either directly or through a license to other tourist related 
activities, including games, amusements, recreational and sports facilities. 
(g) Subject to the approval of the President of the Philippines and the Monetary 
Board of the Bangko Sentral ng Pihipinas and upon the recommendation of the Department 
of Finance, to raise or borrow adequate and necessary funds from local or foreign sources to 
finance its projects and programs under this Act, and for that purpose to issue bonds, 
promissory notes, and other forms of securities, and to secure the same by a guarantee, 
pledge, mortgage, deed of trust, or an assignment of all or part of its property or assets; 
(h) To protect, preserve, maintain and develop the virgin forests, beaches, coral and 
coral reefs and maintain ecological balance within the MAKIMA-IT Ecozone. 
(i) To adopt, alter and use of corporate seal; make contracts, leases, own or otherwise 
dispose of personal or real property; sue and be sued; and otherwise carry out its functions 
and duties as provided for in this Act; 
(j) To issue certificates of origin for products manufactured or processes in the 
MAKIMA-IT Ecozone in accordance with prevailing rules of origin, and the pertinent 
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(k) To issue working visas renewable every two (2) years to foreign executives and 
foreign technicians with highly specialized skills which no Filipino possesses, as certified by 
the Department of Labor and Employment: 
(I) To report to the Bureau of Immigration the names of the foreigners who have been 
granted permanent resident status and working visas within thirty (30) days after issuance of 
such grant: 
(m) To exercise such powers as may be essential, necessary or incidental to the powers 
granted to it hereunder as well as those that shall enable it to carry out, implement and 
accomplish the purposes, objectives and policies of this Act; and 
(n) To issue rules and regulations consistent with the provisions of this Act as may be 
necessary to accomplish and implement the purpose, objectives and policies provided herein. 
Banking Rules and Regulations. - Existing laws and regulations of the 
Bangko Senrral ng Pilipinas (BSP) shall apply to banks and financial institutions to be 
established in the MAKIMA-IT Ecozone, such as those governing foreign exchange and 
other concurrent account transactions (trade and non-trade), local and foreign borrowings, 
foreign investments, establishment and operation of local and foreign banks, foreign 
currency deposit units, offshore banking units and other financial institutions under the 
supervision of the BSP. 
SEC. 14. 
SEC. 13. 
Remittance OfEarnings. - In the case of foreign investments, a registered 
enterprise in the MITSEZA shall have the right to remit earnings from the investment in the 
currency in which the investment was originally made and at the exchange rate prevailing at 
the time of remittance, subject to the provisions of Section 74 of Republic Act No. 265, as 
amended. 
SEC. 15. Board OfDirectors of the MAKIMA-ITSpecial Economic Zone Authority. - 
The powers of the MAKIMA-IT Special Economic Zone Authority shall be vested in and 
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exercised by a Board of Directors, hereinafter referred to as the Board, which shall be 
composed of the following: 
(a) The Chairman who shall come from among the members of the Board of 
Directors; 
(b) A Vice Chairman who shall come from among the members of the Board; 
(c) Members consisting of: 
(1) The Governor of the Province of Sarangani; 
(2) The Congressional Representative of the lone district of Sarangani Province; 
(3) The Mayors of the Municipalities of Maasim, Kiamba, and Maitum, all in the 
Province of Sarangani; 
(4) The Presidents of the Chambers of Commerce and Industry in the 
Municipalities of Maasim, Kiamba, and Maitum, all in the Province of 
Sarangani; and 
(5) Three (3) representatives of Industry in Sarangani Province. 
The Governor, the Congressional Representative and the Mayors and Presidents of 
Chambers and Commerce and Industry of the Municipalities of Maasim, Kiamba, and 
Maitum, Province of Sarangani, shall serve as ex-oficjo members of the Board, whose term 
in the Board corresponds to their terms as elected officials. 
The Chairman shall be appointed by the President of the Philippines upon the 
nomination of the Board of Directors to serve for a term of six (6) years, unless separated 
from service due to death, voluntary resignation or removal for cause. In case of death, 
resignation or removal for cause, the replacement shall serve only the unexpired portion of 
the term. 
All members of the Board, whether ex-oflcjo or chosen by the Board to represent the 
Industry sector in Sarangani Province shall be appointed by the President of the Philippines 
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to serve for a term of six (6) years. In case of death, resignation or removal for cause, the 
replacement shall serve only the unexpired portion of the term. 
Except for representatives of the business and labor sectors, no person shall be 
appointed by the President of the Philippines as member of the Board unless he is a Filipino 
citizen, of good moral character, of proven probity and integrity, and a degree-holder in any 
of the following fields: economics, business, public administration, law, management or their 
equivalent, and with a least ten (10) years relevant working experience preferably in the field 
of management or public administration. 
The members of the Board shall each receive per diem at a rate to be determined by 
the Department of Budget and Management in accordance with existing rules and 
regulations; Provided, however, That the total per diem collected each month shall not 
exceed the equivalent per diem for four (4) meetings. Unless and until the President of the 
Philippines has fixed a higher per diem for the members of the Board, such per diem shall 
not be more than ten thousand pesos (PlO,OOO.OO) for every Board meeting. 
SEC. 16. 
Qualifications, Powers and Duties of the Administrator. - 
The 
Administrator shall be appointed by the President of the Philippines for a six (6) year term, 
upon the recommendation of the Board of Directors. Provided, That no person shall be 
appointed as Administrator unless he is a Filipino citizen, of good moral character, of proven 
probity and integrity, and a degree-holder in any of the following fields: economics, business, 
public administration, law, management or their equivalent, and with a least ten (8) years 
relevant working experience preferably in the field of management or public administration. 
The Administrator shall have the following powers and duties: 
(a) 
To direct and manage the affairs of the MITSEZA in accordance with the 
policies set by the Board of Directors; 
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(b) 
To establish the internal organization of MITSEZA under such conditions that 
Board of Directors my prescribe; 
(c) 
for its approval; 
(d) 
To submit an annual budget and necessary supplemental budget tot he Board 
To submit within thirty (30) days after the close of each fiscal year an annual 
report tot he Board and such other reports as maybe required; 
(e) 
To submit to the Board for its approval policies, systems, procedures, rules and 
regulations that are essential tot he operation of the MAKIMA-IT Ecozone; 
(fJ 
To create a mechanism in coordination with relevant agencies for the 
promotion of industrial peace, the protection of the environment, and the advancement of 
the quality of life in the MAKIMA-IT Ecozone; and 
(g) 
To perform such other duties as may be assigned to him by the Board or which 
are necessary or incidental to his office. 
SEC. 17. Organization andPersonnel. -The Board of the MITSEZA shall provide for 
an organization and staff of its officers and employees.. Upon the recommendation of the 
Administrator, the Board shall appoint and fix the remuneration and other emoluments of its 
officers and employees in accordance with existing laws on compensation and position 
classification: Provided, That the Board shall have the exclusive and final authority to 
promote, transfer, assign or reassign officers of the MITSEZA, any provision of existing law 
tot he contrary notwithstanding: Provided, Arther, That the Administrator may carry out 
removal of such officers and employees. 
The officer or employee of the MITSEZA, including all members of the Board, shall 
not engaged directly or indirectly in partisan activities nor take part in any election, except 
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No officer or employee of the MITSEZA, subject to civil service rules and regulations, 
shall be removed or suspended except for cause, as provided by law. 
SEC. 18. Ipso Facto Clause. Section 30-41 of Republic Act No. 7916 or the Special 
Economic Zone Act of 1995, shall ipso facto apply to the MAKIMA-IT Special Economic 
Zone. 
SEC. 19. Capitalization. -. The MAKIMA-IT Special Economic Zone Authority shall 
have an authorized capital stock of One Billion (1,000,000,000.00) no par shares with a 
minimum issue of Ten Pesos (P10.00) each, the majority shares of which shall be subscribed 
and paid for by the National Government and the Local Government Units (LGUs) 
embracing the MAKIMA-IT Special Economic Zone. 
The Board of Convenors of the 
MITSEZA may, with the written concurrent of the Secretary of Finance, sell shares, 
representing not more than forty per centum (40%) of the capital stock of the MITSEZA to 
the general public under such policy as the Board and the Secretaiy of Finance may 
determine. The National Government and the LGUs shall, in no case, own less than sixty per 
centum (60%) of the total issued and outstanding capital of the MAKIM-IT Special Economic 
Zone Authority. 
The amount necessary to subscribe and pay for the shares of the national government 
to the capital stock of the MITSEZA shall be included in the annual General Appropriations 
Act. For LGUs, the funds shall be taken from their internal revenue allotment and other 
local funds. 
SEC. 20. Supervision.. - The MAKIMA-IT Special Economic Zone shall be under the 
direct control and supervision of the Philippine Economic Zone Authority (PEZA) for 
purposes of policy direction and coordination 
SEC. 21. Relationship with the Regional Development Council. - The MAKIMA-IT 
Special Economic Zone Authority shall determine the development goals for the MAKIMA- 
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IT Ecozone within the framework of national development plans, policies and goals. The 
Administrator shall, upon approval by the Board, submit the MAKIMA-IT Ecozone plans, 
programs and projects to the Regional Development Council for inclusion and inputs to the 
overall regional development plan. 
SEC. 22. Relationship with Local Government Units. - Except as herein provided, 
the local government units comprising the MAKIMA-IT Ecozone Zone shall retain their 
basic autonomy and identity. The Municipalities of Maasim, Kiamba and Maitum, Sarangani 
Province, and their component barangays andor sitios where the MAKIMA-IT Industrial 
Parks are located shall continue to operate and function in accordance with the Local 
Government Code of 1991. In case of any conflict between the MITSEZA and the Province 
of Sarangani and the Municipalities of Maasim, Kiamba and Maitum, on matters affecting the 
MAKIMA-IT Ecozone other than defense and security matters, the decision of MITSEZA 
shall prevail. 
SEC. 23. InteIpretation/ Construction. - The powers, authorities and functions that 
are vested in the MITSEZA are intended to decentralize governmental functions and 
authority and promote and efficient and effective working relationship between the 
MAKIMA-IT Ecozone, the national government, and the local government units. 
SEC. 24. Auditing. - The Commission on Audit shall appoint a representative who 
shall be full time auditor of the MITSEZA and assign such number of personnel as may be 
necessary to assist said representative in the performance of his/her duties. The salaries and 
emoluments of the assigned auditor and personnel shall be in accordance with pertinent 
laws, rules and regulations. 
SEC. 25. Transitory Provision. - The existing Board of Convenors of the MAKIMA 
Industrial Triangle, created by virtue of an inter-local agreement/memorandum of 
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Province, shall act and perform the functions of the MAKIMA-IT Special Economic Zone 
Authority Board pursuant to Section 15 of this Act until such time that the members of the 
Board of Directors of the MAKIMA Industrial Triangle Special Econonlic Zone Authority 
(MI'TSEZA) are appointed by the President of the Republic of the Philippines and have been 
duly sworn-in or have entered into office 
SEC. 26. Separabilify Clause. If, for any reason, any provision or part of this Act is 
declared unconstitutional or invalid, such other parts not affected thereby shall remain in 
full force and effect. 
SEC. 27. Repealing Clause. - All laws, presidential decrees, administrative orders and 
executive issuances or parts thereof inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SEC. 28. Effectivity. - This Act shall take effect fifteen (15) days after its publication 
in at least two (2) newspapers of general circulation. 
Approved, 
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