The Public-Private Partnership Center of the Philippines has taken note of recent opinion pieces in several publications raising concerns over the processing of multiple PPP unsolicited proposals related to the Agus and/or Pulangi Hydropower Complex.

The PPP Center clarifies that all PPP unsolicited proposals were processed strictly in accordance with Section 10 (a) of the PPP Code of the Philippines, Sections 52, 53, and 56 of its Implementing Rules and Regulations (IRR), and the Guidelines to Determine Whether an Unsolicited Proposal for a Project is considered “Same” Or “Similar” as Indicated in Section 56 of the Implementing Rules and Regulations of Republic Act No. 11966 or the PPP Code of The Philippines or PPP Governing Board Resolution No. 2025-04-02.

Under the PPP Code and its IRR, as clarified by the PPP Governing Board, an unsolicited proposal is considered “same” or “similar” to an earlier proposal only if all three criteria are present:

  1. the same proposed location/project site;
  2. the same proposed scope; and
  3. the same proposed technological solution, if applicable.

Following the required completeness check and determination of the appropriate approving body, and without disclosing any proprietary information in the proposals, the PPP Center confirms that the proposals did not meet all the conditions to be classified as “same” or “similar.” The criteria under the Guidelines are clear and non-discretionary, and the PPP Center is duty-bound to apply the same as it is written. Neither is the PPP Center empowered to reconsider or retract unsolicited proposals properly endorsed to implementing agencies.

It bears emphasizing that endorsement does not equate to project approval. The decision whether to accept or reject a proposal rests with the implementing agency. Should any of the proposals be accepted, and subsequent negotiations declared successful, it will still be subject to a comparative challenge prescribed by law. This ensures transparency, openness, and competition for all interested parties and the public.

The PPP Center remains committed to upholding the rule of law and the integrity of the Philippine PPP Program. We likewise encourage constructive public discourse grounded in full context and accurate application of the PPP legal framework, in the interest of informed public understanding.

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