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EXPLAIN THE FOLLOWING SENTENXE IN TAGALOG. DO NOT TRANSLATE, IT SHOULD BE WELL EXPLAINED PARAGRAPH 1: Application of the Law Case: Mr. Chek O. Teng,

EXPLAIN THE FOLLOWING SENTENXE IN TAGALOG. DO NOT TRANSLATE, IT SHOULD BE WELL EXPLAINED

PARAGRAPH 1: Application of the Law

Case: Mr. Chek O. Teng, a Chinese resident and citizen, wants to put up a fifi ne dining restaurant

West Avenue, Quezon City specialized in Macanese cuisine. If you are the lawyer appointed by

Mr. Teng to put up his business, what advice will you give?

Legal Opinion: As the lawyer of Mr. Teng, I will advise him that he has these choices:

1) He may register as a single proprietor at the Department of Trade and Industry subject to

the investment qualififi cations as prescribed under the Retail Trade Liberalization Act of 2000;

2) He may look for partners or incorporators and form a partnership or corporation under

Philippine Laws. However, the formation must be based on the limited 40% foreign

equity as prescribed under the Retail Trade Liberalization Act of 2000;

3) He may put up a restaurant incident to a hotel business in West Avenue, Quezon City so that

he will be exempted under the Retail Trade Liberalization Act of 2000. In this case, he may put

up a joint venture with an owner of a hotel business to pursue his restaurant business.

Explanation: (Tagalog)

PARAGRAPH 2:

Tourism Projects under the Build-Operate-and-Transfer

(BOT) Program

The Law

Republic Act No. 6987 as amended by Republic Act 7718, referred to as the "BOT Law" recognizes the indispensable role of the private sector for national growth and development. The coverage of the B-O-M extended not merely to "government infrastructure projects" but also "government development projects". Build-lease-and-transfer (BLT) - A contractual arrangement whereby a Project Proponent is authorized to construct an infrastructure or development facility and upon its completion turns it over to the Agency/LGU concerned on a lease arrangement. After a fifi xed period, ownership of the facility is automatically transferred to the agency concerned. Build-operate-and-transfer (BOT) is a contractual arrangement whereby the contractor undertakes the Construction, including fifi nancing, of a given infrastructure facility, and the operation and maintenance thereof. The Project Proponent is allowed to charge tolls, fees, rentals, and other charges not exceeding those proposed in its bid or incorporated in the contract. The term Rehabilitate-operate-and-transfer (ROT) means refurbish, operate and maintain an existing facility for a Franchise period, at the expiry of which legal title to the facility is turned over to the Government. As long as the operator is not in violation of its Franchise, it can continue to operate the facility in perpetuity.

Explanation:(Tagalog)

PARAGRAPH 3:

Discussion of the Law

Any individual, partnership, corporation or fifi rm, whether local or foreign, including

joint venture or consortia of local, foreign or local and foreign fifi rms, subject to the limits herein

set, may participate or apply for pre-qualififi cation projects covered under the provisions of the

Act.

19

The limitation for the qualififi cation requirements for an entity to engage in any of the

schemes under the BOT Law are as follows:

  1. For projects to be implemented under the BOT scheme, the prospective Project Proponent and the Facility Operator mus.t be Filipino. The Facility Operator or, in case of corporations, must be duly registered with the Securities and Exchange Commission (SEC) and owned up to at least sixty percent (60%) by Filipinos.
  2. Experience or Track Record. The prospective Project Proponent must possess adequate

experience in terms of fifi rm experience and key personnel experience.

  1. Financial capability. The prospective Project Proponent must have adequate capability

to sustain the fifi nancing requirements for the detailed engineering design, construction

and/or operation and maintenance phases of the project, as the case may be.

Explanation:(Tagalog)

PARAGRAPH 4:

Period Covered

The contractor transfers the facility to the government unit concerned at the end of the

fifi xed term which shall not exceed fifi fty (50) years.

Explanation:(Tagalog)

PARAGRAPH5:

Financing Allowed

For the construction stage, contractor may obtain fifi nancing from foreign and/or domestic

sources and/or engage the services of a foreign and/or Filipino contractor. The fifi nancing of

foreign or foreign-controlled contractor from Philippine government fifi nancing institutions

shall not exceed 20% of the total cost of infrastructure facility or project. The fifi nancing from

foreign sources shall not require a guarantee by the government or by government owned and

controlled corporations.

Explanation:(Tagalog)

PARAGRAPH6:

Employment of Filipino Workers

In the case of foreign contractors, Filipino labor shall be employed or hired in the different

phases of the construction where Filipino skills are available.

Explanation: (Tagalog)

NOTE: follow the indicated format where in tehre should be an explanation each paragraph in tagalog.

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