1. Item 2.2 of NEDA Circular No. 01-2008 is hereby amended to read as follows:

œ2.2 This Circular shall not apply to the following fees and charges:

a. Those processed by regulatory agencies in the exercise of their mandate pursuant to their charter to regulate the schedule of charges, tariffs or fares imposed by public utility companies or operators, such as those in the transport, water, power, and telecommunication sectors;

b. Those imposed by local government units pursuant to the Local Government Code and/or their charters, even if the purpose of said imposition is to recover the cost of the service rendered;

c. Those exempted by international agreements

d. Those not subject to increase, namely: (i) fees and charges related to constitutionally mandated free or subsidized services, such as in education and in health services to indigents charged by departments, bureaus, offices, units, and agencies, including government-owned and/or controlled corporations; and, (ii) fees and charges imposed by the Department of Foreign Affairs for the processing of passports of Overseas Filipino Workers (Republic Act No. 8042, Section 36);

e. Those imposed in projects under the BOT Law, which are intended to recover total investment; and,

f. Those imposed as regulatory fees which grant access rights to engage in a desired activity, such as but not limited to those for the issuance of permits or licenses, provided that such fees are not intended to recover the administrative cost of services rendered. 

2. This amendment shall have retroactive effect to requests for imposition of new or increase in fees that were submitted to NEDA prior to the effectivity of this amendment.

3. This amendment shall take effect immediately.

4. For implementation.

(SGD.) CAYETANO W. PADERANGA, JR.
  Director-General