Other laws and regulations are also in place that should be complied with in conjunction with the BOT Law that will impact on the implementation of PPP projects. Noteworthy are laws related to economic and quality regulations for infrastructure services and public utilities and environmental laws and regulations.
An Act Facilitating the Acquisition of Right-of-Way Site or Location For National Government Infrastructure Projects
View/Download Republic Act 10752 – Right-of-Way Act (PDF, 58 KB)
The implementation of PPP projects at the local level is facilitated by Republic Act No. 7160 or the Local Government Code (LGC) of 1991. As much as the Code vests upon the LGU wide latitude of prerogative to enter into contracts involving its properties, this prerogative should however be used along and harmonized with other relevant legal pronouncements.
View/Download Republic Act 7160 – The Local Government Code of The Philippines (PDF, 950 KB)
An act to facilitate the acquisition of Right-of-Way, site or location for national government infrastructure projects and for other purposes
View/Download Republic Act 8974 (PDF, 143 KB)
An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injuctions, Providing Penalties for Violations Thereof, and for Other Purposes
View/Download Republic Act 8975 (PDF, 267 KB)
Issued on 09 January 2013, the Monetary Board decided to extend for another three (3) years the original three (3)-year period allowing a separate single borrower’s loan (SBL) limit of 25% of the net worth of the lending bank/quasi-bank for loans, credit accommodations and guarantees granted for undertaking infrastructure and/or development projects under the Public-Private Partnership (PPP) Program.
The extension of another three (3) years for the separate 25% SBL for PPP infrastructure and/or development projects is expected to encourage the financial sector’s participation in the PPP Program of the government, particularly with respect to the projects.
View/Download BSP Circular No. 779 s 2013 (PDF, 267 KB)
Guidelines in the Submission of the Agency’s Budgetary Proposal to be Funded from the Public-Private Partnership Support Fund (PPPSF) and Project Development and Monitoring Facility (PDMF)
This Circular provides guidelines in the preparation of annual agency budget for the projects components to be funded from the PPPSF and the PDMF for the Fiscal Year 2013 and succeeding years, rationalize and delineate the use of PPPSF and PDMF, and to provide documentary requirements for ongoing and new projects to be funded by PPPSF and PDMF.
View/Download NBC No. 538 (March 2012) (PDF, 43 KB)
This Circular encourages local government units to attend the Region-wide Public-Private Partnership Orientation Workshops to capacitate in developing local infrastructure and development projects through PPP.
View/Download DILG MC 2012-107 (PDF, 239 KB)
This Circular issued on 31 January 2011 recognizes the need to facilitate the “localization of the mandated powers and functions of the PPP Center” and, thus, enjoins all Local Chief Executives to establish a PPP Sub-Committee in the Local Development Council that would, among others, “assist the Local Development Council (LDC) in the formulation of action plans and strategies related to the implementation of PPP programs and projects.”
View/Download DILG Memorandum Circular 2011-16 (PDF, 43 KB)
All contracts involving Public-Private Partnership (PPP) projects and/or those entered into under RA No. 6957 entitled, “The Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes,” as amended by RA No. 7718, otherwise known as the “Build-Operate and Transfer (BOT) Law,” as well as Joint Venture Agreements (JVAs) between government and private entities issued by the National Economic and Development Authority (NEDA) pursuant to Executive Order (EO) No. 423 (s. 2005), shall include provisions on the use of ADR mechanisms, at the option and upon agreement of the parties to said contracts.
View/Download Executive Order No. 78 (PDF, 267 KB)
The general objective of this Guideline is “to speed up the use and application of Information and Communications Technology (ICT) to enhance overall governance by further encouraging wider and more active private sector participation in the development and implementation of government ICT projects pursuant to Republic Act No. 6957, as amended by RA No. 7718, otherwise known as the Büild-Operate-Transfer (BOT) Law”
This Joint Circular issued on December 2003 of the Department of Finance (DOF), Department of Budget and Management (DBM), National Economic and Development Authority (NEDA), and Build-Operate and Transfer Center (BOT Center) provides guidelines in the processing of receipts arising from BOT transactions and its variants schemes, to ensure prompt and efficient remittance of receipts due to the proponent and the Government of the Philippines (GOP) from toll fees, charges and other revenues, and to provide guidelines which LGUs and GOCCs may adopt in the remittance of receipts arising from the operation of BOT projects.
View/Download Joint Circular No. 03-01 (PDF, 267 KB)
These Policy Circulars are final drafts as approved by the Public-Private Partnership (PPP) Governing Board.
View/Download PPP Governing Board Policy Circulars
The formulation of the GPRAM was based on the results of the studies under the Philippines-Australia Partnership for Economic Governance Reforms (PEGR) Facility. It was adopted by the Investment Coordination Committee (ICC)-Cabinet Committee on 07 December 2010. Several modifications were made on the matrix as noted by the ICC-CC on 22 December 2014 and 25 April 2016.
The recent modification were made on Section 1.3 – Permits and Approvals / Site Preparation to reflect the transfer of the responsibility to continue with the application of the Environmental Compliance Certificate (ECC) to the Private Partner after the application has been initiated by the Government, since the ECC requires the submission of the Detailed Engineering Design (DED), which will be provided by the Private Partner.
The GPRAM is intended to be recommendatory and envisioned to serve as reference of the ICC and the proponent agencies in the ICC review of PPP projects.
View/Download Generic Preferred Risks Allocation Matrix (GPRAM) (PDF, 479KB)
The Office of the Court Administrator (OCA) issued OCA Circular No. 232-2015 – Application of Republic Act No. 8974, enjoining all courts to avoid delay in issuance of writs of possession involving national government infrastructure projects.
View/Download OCA Circular No. 232-2015 – Application of Republic Act No. 8974 (PDF, 710KB)
View/Download PPPC and BOI MOA on BOI Registration and Evaluation Process for PPP Projects (PDF, 614KB)
These draft general guidelines aim to inform the reader on what constitutes an unsolicited proposal in the Philippines, as well as a detailed discussion on the requirements and approval process for each stage of the project. These guidelines are applicable to both Implementing agency and a prospective private partner who intend to undertake an unsolicited proposal. These draft guidelines will be subject to further government interagency discussions and approval. For clarification on specific items on the guideline or to provide comments, kindly send these via email to Atty. Phebean Belle A. Ramos at her email address: email@example.com.
Draft General Guidelines for Unsolicited Proposals (PDF, 351KB)
Unsolicited Timeline (PDF, 322KB)
Draft Guidelines for the PQ of Proponent of Unsolicited Proposals (PDF, 269KB)
These draft guidelines aim to inform the reader on the proposed process that Implementing Agencies (IAs) will undertake when assessing or evaluating an unsolicited proposal. These draft guidelines will be subject to further government interagency discussions and approval. For clarification on specific items on the guideline or to provide comments, kindly send these via email to Atty. Phebean Belle A. Ramos at her email address: firstname.lastname@example.org.
Draft Guidelines for IA/LGU Assessment of Unsolicited Proposals (PDF, 237KB)
Draft Completeness Checklist for IA and LGU (PDF, 179KB)
Draft Feasibility Study Checklist for IA and LGU (PDF, 107KB)
Draft Contract Checklist for IA and LGU (PDF, 275KB)
The Philippine Stock Exchange’s (PSE) Supplemental Listing Disclosure Rules applicable to a PPP Company are being issued to supplement the general listing and disclosure requirements under the PSE Listing and Disclosure Rules in support of the Philippine Government’s efforts to sustain the country’s economic growth through sustainable partnerships with the private sector for infrastructure development. As more PPP projects have been approved and undertaken in recent years, several stakeholders agree that there is a need to tap more sources of funding.
Given this, PSE issued these Rules to allow private sector to raise funds from the capital market and allow the listing and trading of their shares in the PSE.
The implementation of these Rules shall be made in coordination with the PPP Center of the Philippines.
View/Download PPP Listing and Disclosure Rules (PDF, 5MB)