CONGRESS OF THE PHILIPPINES
NINETEENTH CONGRE S S
First Rjegular Session
HOUSE 0F REPRESENTATIVHS
HouseBillNo.8039
8¥ HON. JOSH MANUEL F. ALBA
EXPLANATORY NOTE
This bill seeks to institutionalize Executive Order No. 18 also known as "An Order Constituting Green Lanes
for Strategic Investments. "
This Executive Order was issued to promote the Philippines as a top invesment destination, and to encourage
investors  to  engage  in  strategic  investments  by  ensuring  that  the  country's  regulatory  environment  is
conducive to business operations.  This is consistent with the Eight-Point  Socioeconomic  Agenda of the
Administration,  which aims to  implement ease of doing business reforms and adopt measures that will
expedite transactions with the government.
The Executive Order also cites Republic Act (RA) No. 9485, as amended by RA No.  11032, or the "Ease of
Doing Business and Efficient Government Service Delivery Act of 2018, " which directs the State to maintain
and promote transparency in transactions involving the public. To reduce red tape and expedite transactions
with the government, the Act calls for the adoption of unified and simplified requirements and procedures.
Therefore,  this bill  seeks to  codify Exeeutive Order No.  18  into law and establish the Green Lanes for
Strategic  Investments.  The  puxpose  of the  law  is  to  provide  a  simplified  and  streamlined  regulatory
environment that encourages strategic investments in the country, thereby boosting economic growth and
creating job opportunities. The law also aims to promote transparency in transactions with the government
and reduce bureaucratic red tape. The creation of the Green Lanes for Strategic Investments will contribute
to the realization of the govemment's goals of promoting ease of doing business and attracting more foreign
investments to the Philippines.
The passage of this measure is earnestly sought.
(M-
L F. ALBA
t District, Bukidnon


CONGRESS OF Tim PHILIPPINES
NINETEENTH CONGRESS
First Regular Session
HOUSE 0F REPRESENTATIVES
8039
8¥ HON. JOSE MANUEL F. ALBA
AN ACT ESTABLISHING GREEN LANES FOR STRATEGIC INVESTMENTS
Be it 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 "Green Lanes for Strategic Investments
Act."
SECTION  2.  Declaration  of Policy.  -  It  is  the  policy  of the  State  to  promote  and  facilitate
investments in the country, particularly those that are aligned with the Philippine Development Plan
or  any  similar  national  development  plan  and  can  be  characterized  by  significant  capital  or
investment to  the  country,  consequential  economic  impact,  positive  impact on the  environment,
significant contribution to the country's balance  of payments,  and  improvement in the country's
infrastructure capabilities. To achieve this, it is necessary to estabhsh a One-Stop Action Center for
Strategic Investments to streamline and expedite the issuance of permits, licenses, certifications, or
authorizations.
Section 3. Coverage. This Act covers all national government agencies (NGAs) and their regional
and   provincial   offlces,   government-owned   or   -controlled  corporations   (cOCCs),   and  other
government instrumentalities, as well as local government units (LGUs), involved in the issunnce of
permits, licenses, certifications or authorizations (collectively referred to herein as "permit/s and/or
license/s") covering Strategic Investments specified under Section 2 hereof.
Section  4.  Strategic  Investments.  Strategic  Investments  are  those  which  are  aligned  with  the
Philippine Development Plan or any similar national development plan; and can be characterized by
the significant capital or investment to the country; consequential economic Impact; positive impact
on the environment;  significant contribution to the country's balance of payments;  with complex
technical  processes  and engineering designs;  and will  bring about  improvement  in the  country's
infrastructure capabilities.
For  purposes  of this  Act,  Strategic  Investments  shall  include,  but  shall  not  be  limited  to,  the
following:
a. Highly Desirable Projects. Investment Projects recommended by the Fiscal Incentives
Review  Board  to  the  President  for  modification  of  incentives  or  the  crafting  of the
appropriate financial support package based on defined development strategies for creating
high-value jobs,  building new industries to  diversify economic  activities,  and attracting


significant foreign and domestic capital or investment, and the fiscal requirements of the
activity or project,  as  provided under  Section 301  of RA No.  11534  or the  "Corporate
Recovery and Tax Incentives for Enterprises (CREATE) Act."
b. Foreign Direct Investments. Foreign Direct Investments are those resulting from the
implementation of the Foreign Investment Promotion and Marketing Plan, as endorsed by
the Inter-Agency Investment Promotion Coordination Committee.
c. Projects or activities under the Strategic Investment Priority Plan (SIPP). Local or
foreign  investments  on  activities  considered  projects  of national  significance  or highly
desirable,  and which falls  under the  priority  sectors  or  industries  included  in the  SIPP
formulated by the Department of Trade and Industry-Board of Investments (DTI-BOI) and
approved by the President in accordance with Section 300 ofRA No. 11534. These projects
cover registrations under the DTI-BOI or other Investment Promotion Agencies.
Section 5. Single Point of Entry. Within six (6) months from the effectivity of this Act, the DTI-
801  shall establish a One-Stop-Action-Center for Strategic Investments (OSAC-SI),  which shall
serve as the single point of entry for all projects qualified as Strategic Investments.
The OSAC-SI shall address investor concerns starting with identifying and designating an investment
as Strategic Investment under this Act and endorse the same to concerned NGAs, LGUs, and/or
quasi-judicial bodies for processing of permits and licenses, and monitoring and reporting of actions
taken thereon.  The  OSAC-SI  shall  include  aftercare  or post-investment  assistance  as  part  of its
services.
Within three (3) months from the issuance of this Act, the DTI-BOI shall produce and regularly
update,  an  investor  manual  or  guidebook  or  its  equivalent,  contalning  the  list  of government
requirements  for the establishment of Strategic Investments per sector,  as  well as the concerned
NGAs, LGUs or quasi-judicial bodies issuing the relevant permits and licenses.
The  DTI-BOI  will  be  supported by  additional  manpower,  including the  designation  of Account
Officers for Strategic Investments, as well as the equipment necessary to operationalize the OSAC-
SI, in coordination with the Department of Budget and Management.
Section 6. Green Lanes for Strategic Investments. The concerned NGAs, including their regional
and provincial offices when applicable, LGUs, and qunsi-judicial bodies shall establish or designate,
whichever is applicable, a Green Lane within their offices in charge of expediting and streamlining
the processes and requirements for the issunnce of permits and licenses of Strategic Investments
endorsed by the OSAC-SI. The said Green Lane shall be integrated and shall not be duplicative of
the existing one- stop shops or one-stop action centers established under existing laws such as, RA
No.11534, RA No.11234 or the "Energy Virtual One-Stop Shop Act," and RA No.  11032.
For this purpose, the above agencies or offices shall designate an account officer for the Green Lane,
who is responsible for coordinating with the OSAC-SI, relevant government offices or agencies in
streamlining  and  simplifying  business  permitting  and  licensing  processes,  and  recommending
modifications or amendments to existing procedures that are outdated, redundant, and adds undue
regulatory  burden  and  cost  to  the  transacting  public,  in  coordination  with  the  Anti-Red  Tape
Authority (ARTA).
Section 7. Action on the Application. NGAs and LGUs shall act on the applications for the issuance
of a permit or license within the prescribed processing time provided in the concerned agency or
LGU's Citizen's Charter (original period), which shall not be longer than three (3) working days in
the case of simple transactions,  seven (7) working days in the case of complex transactions, and


twenty (20) working days for highly technical transactions from the date the complete application
was received. The sald prescribed maximum processing period may be extended only once for the
same number of days, provided the same is indicated in the Citizen's Charter (extension period),
pursuant to Rule VII, Section 3(b) of the Implementing Rules and Regulations ofRA No.  11032. In
all cases, denial of such application shall be made in writing within the same period prescribed.
Consistent with Section 10 of RA No. 9485, as amended, the complete application for the issunnce
of a permit or license shall be deemed approved in case of failure of the NGA or LGU to act, whether
to approve or disapprove, on said application. An application shall be considered "complete" when
all the documentary requirements indicated in the respective Citizen's Charters are submitted and the
required fees and charges are duly pald. Imposition of additional requirements other than those listed
in the Citizen's Charter and imposition of additional costs not reflected in the Citizen's Charter shall
be punished in accordance with Sections 21  and 22 of RA No.  9485, as amended. However, with
respect to applications for registration and tax incentives under RA No.  11534, the same shall not be
deemed approved in case of failure of the NGA or LGU to act on said applications.
Section 8. Issuance of Permits and Licenses. After the lapse of the original or extension period
under Section 7 of this Act, the NGA or LGU shall issue the requested permit or license, otherwise,
the DTI-BOI shall endorse the case to the ARTA. Upon receipt of the endorsement, together with
the presentation of the acknowledgment receipt and/or official receipt of the payment of the necessary
license or permit fees, and other transaction costs, and upon due investigation and verification that
the applicant has indeed fully submitted all necessary documents and paid all the required fees, the
ARTA shall issue a declaration of completeness and order the concerned office or agency to issue
the appurtenant approval, extension, and/or renewal of the license, clearance, permit, certification,
or authorization which is deemed approved pursuant to Section 10 of RA No. 9485, as amended.
The above mechanism shall likewise apply to issuance of a license or permit by quasi-judicial bodies
consistent with Rule VIII Section 1 (b) of the Implementing Rules and Regulations of RA No. 9485,
as amended.
Section 9. Simultaneous Processing of Applications. NGAs and LGUs that receive applications
for permits and licenses shall process the same with the presumption that the relevant documents
from  other  agencies  have  already  been  issued  consistent  with  Rule  VII  Section  3(c)  of  the
Implementing Rules and Regulations of RA No. 9485, as amended. The applicant shall execute an
affidavit  of undertaking,  using the  template  prescribed by  the DTI-BOI,  that  it has  secured the
relevant  documents  from  specific  NGAs  or  LGUs  and/or  that  it  shall  submit  the  complete
documentary requirements within thirty (30) working days. For this purpose, the concerned NGAs
and/or LGUs may coordinate with other relevant offices or agencies to check or verify the status of
applications for related permits or licenses to avoid delay in their own evaluation of applications
pending with them.  The NGA or  LGU  concerned shall  then  issue  the  corresponding permits  or
licenses, with an annotation that it shall be subject to the completion of requirements covered by the
undertaking.
Section 10. Monitoring. Each concerned NGA, LGU and/or quasi-judicial body shall submit to the
DTI-BOI monthly updates regarding the status of applications received and acted upon involving
Strategic Investments covered under this Act.
Section  11.  Electronic  Submission.  The  concerned  NGA  or  LGU  shall  enable  the  electronic
submission  of  application   for,   and   issunnce   of,   license,   clearance,   permit,   certification   or
authorization, including payment and issuance of receipts, whenever applicable.
All remaining cities and municipalities that have yet to comply with Section 1 I(c) of RA No. 9485,
as amended,  shall facilitate the computerization of their respective business permit and licensing


systems. To this end, the Department of Information and Communications Technology (DICT) shall
make available to LGUs the software for the computerization of the business permit and licensing
system. The DICT, DTI, and Department of the Interior and Local Government (DILG), shall provide
technical  assistance  in  the  planning  and  implementation  of a computerized  or  software-enabled
business permitting and licensing system of LGUs.
Section 12. Technical Working Group. A Technical Working Group (TWG) is hereby created as
an oversight body that shall ensure the implementation of this Act. The TWG shall be headed by the
DTI-BOI with the representatives from the following agencies as members: (i) DTI; (ii) DILG; (iii)
Department of Finance (DOF); (iv) National Economic and Development Authority (NEDA); and
(v) ARTA.
The  TWG  shall  act on complaints  and take  appropriate actions,  consistent with their respective
mandates, against third-party business consultants engaged by foreign and local investors who act in
violation of RA No. 9485, as amended, or prejudice the interest of the project proponents and/or the
government.
The DTI OSAC-SI Account Officers and the action officers of NGAs, LGUs, GOCCs and other
government  instrumentalities,  shall  directly  coordinate  with  each  other to  ensure  the  successful
implementation of this Act.
Section 13. Agency Support. All concerned NGAs, GOCCs and instrumentalities, and LGUs, are
hereby directed to provide the necessary assistance and support for the successful implementation of
this Act.
Section 14. Reporting. The DTI-BOI shall submit regular reports on the implementation of this Act
to both Houses of Congress.
Section  15. Funding. The funds necessary to  support the operation of the Green Lanes shall be
sourced from the existing budget of the concerned agencies or offices. The funding requirements of
succeeding years shall be included in their respective budgets, subject to the regular budget process.
Section  16.  Sanctions.  Failure to  comply  with the provisions  of this  Act  shall  be  a ground  for
administrative or disciplinary sanctions against any erring public official or employee, as provided
under existing laws and regulations, without prejudice to criminal, civil or other related liabilities
under existing laws,
Section  17. Separability. If any provision of this Act is declared invalid or unconstitutional, the
other provisions not affected thereby shall remain in full force and effect.
Section 18. Repeal. All orders, issuances, rules and regulations or parts thereof that are contrary to,
or  inconsistent  with,  the  provisions  of  this  Act  are  hereby  repealed,  modified  or  amended
accordingly. This Act is consistent with, and shall not supplant the other streamlining initiatives of
the government covered by previously issued executive orders.
Section  19.  Effectivity. Notwithstanding the non-issuance  of the  IRR, this Act shall take  effect
fifteen ( 15) days after publication in the Official Gazette or in a newspaper of general circulation.