Government Agency Having Jurisdiction Over Fire Safety Inspection of PEZA-registered Corporations

DOJ OPINION NO. 014, s. 2014 March 20, 2014 CSUPT (DSC) BFP Carlito S. Romero Officer-in-Charge (OIC) Bureau of Fire Protection (BFP) National Headquarters Agham Road, Sitio San Roque Brgy. Bagong Pag-asa, Quezon City Dear OIC Romero : This refers to your 6 February 2014 letter-request for opinion on which government agency has jurisdiction over the fire safety inspection of corporations and other business enterprises duly registered with the Philippine Economic Zone Authority (PEZA). The request, it appears, stemmed from the fire safety inspection conducted on February 12, 2013 by the BFP NCR Fire District III on the premises of Solaire Resort & Casino (Solaire) which is owned by Sureste Properties, Inc. (SPI), a PEZA-registered enterprise. You claim that several defects/deficiencies in violation of Republic Act No. 9514 1 were noted during said inspection; that SPI has been informed thereof and was advised to secure a Fire Safety Inspection Certificate (FSIC) from the BFP pursuant to Section 9.0.4.1 of the IRR of R.A. No. 9514; and that SPI objected claiming that it is PEZA, which has exclusive administrative jurisdiction over it, that should issue the required FSIC, if any. It appears that SPI has also elevated the matter to PEZA which, in reply, stated, in part, that "it is primarily PEZA that has been granted the authority to enforce and administer the provisions of the NBCP, 2 including the FCP 3 and all related functions thereto, with the exclusion of other government agencies, in so far as PEZA-registered enterprises located in PEZA-registered economic zones." It concluded, that SPI is, thus, "exempt from securing FSIC since it is PEZA that enforces the provisions of the NBCP and FCP inside the Ecozones and not the BFP." CAIaHS Considering that under Section 9.0.4.1 of the IRR of R.A. No. 9514, it is stated that "(A) Fire Safety Inspection Certificate shall be issued by the BFP as a pre-requisite for the issuance of Business or Mayor's Permit, Permit to Operate, Occupancy Permit and other permits or licenses being issued by other government agencies", you now refer the matter to us for a definitive opinion. It is settled that an administrative agency has such powers as are expressly granted to it by law and those necessarily implied in the exercise of its express powers. 4 Likewise, Congress may validly delegate to administrative agencies, which ought to know the law, the authority to promulgate rules and regulations to implement a given legislation and effectuate its policies after due deliberation. 5 Such rules and regulations promulgated in pursuance of an authority conferred by law, partakes of the nature of a statute. Said rules, in a sense, may be deemed to be the product of a delegated power to create new or additional provisions that have the effect of law. 6 Section 9 of Republic Act No. 7916, otherwise known as the "Special Economic Zone Act", as amended, clearly provides, thus: "SEC. 9. Defense and Security . The defense of the ECOZONE and the security of its perimeter fence shall be responsibility of the national government, in coordination with PEZA. Military forces sent by the national government for the purpose of defense shall not interfere in the internal affairs of any of the ECOZONE and expenditure of these military forces shall be borne by the national government. The PEZA may provide and establish the ECOZONES' internal security and firefighting forces ." (Emphasis supplied) Upon the other hand, Section 5, Rule XII of the Implementing Rules and Regulations of R.A. No. 7916, as amended, is equally categorical, to wit: EaIcAS "SEC. 5. Fire Protection. The PEZA shall maintain a firefighting force to ensure the enforcement of existing laws and regulations governing fire prevention, protection and safety within the boundaries of each ECOZONE. For this purpose, the PEZA adopts the Fire Code of the Philippines and its implementing rules and regulations and such other regulations or issuances it may promulgate for enforcement within the boundaries of the zone ." (Emphasis supplied) Evidently, the power or authority of PEZA to enforce the provisions of the FCP, and its implementing rules and regulations, which would necessarily include the authority to conduct fire safety inspection on enterprises duly registered with it as well as those within the zone, cannot be denied. The provisions of R.A. No. 7916, as amended, and its IRR, quoted above, are clear and categorical enough that there is no need for interpretation only application. 7 Applied to the instant case, there can be no doubt that Solaire Resort & Casino, which is owned by SPI, a PEZA-registered enterprise, squarely falls under the authority of PEZA. For the same reason, BFP cannot compel, much less require, SPI to comply with the requirement of securing FSIC from it. Please be guided accordingly. CSIDTc Very truly yours, (SGD.) LEILA M. DE LIMA Secretary Footnotes 1. Otherwise known as the "Fire Code of the Philippines". 2. The "National Building Code of the Philippines". 3. The "Fire Code of the Philippines". 4. See, Laguna Lake Development Authority vs. Court of Appeals , 231 SCRA 292, 306; also, Sec. of Justice Op. Nos. 106, 66 & 22, s. 2012; Nos. 46 & 22, s. 2011. 5. See, Director of Forestry vs. Munoz , 23 SCRA 1183, 1197; also, Sec. of Justice Op. No. 23, s. 2011. 6. Ibid. , Nos. 111, 104, 77 & 66, s. 2012; Nos. 51 & 46, s. 2011; Case ref.: Commissioner of Internal Revenue vs. Solidbank Corporation ,416 SCRA 436, 448; Yazaki Torres Manufacturing, Inc. vs. Court of Appeals ,493 SCRA 86, 97. 7. See, Pascual vs. Pascual-Bautista , 207 SCRA 561, 568; also, Sec. of Justice Op. Nos. 105, 94, 92 & 79, s. 2012.