Aside from the Build-Operate-and-Transfer Law (RA 6957 as amended by RA 7718) and its implementing rules and regulations, 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 and for Other Purposes.
Date approved:November 7, 2000
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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.
Date Approved: November 7, 2000
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Date Approved: October 10, 1991
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.
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Pursuant to Section 7(e) of the Republic Act 11966, otherwise known as the PPP Code of the Philippines, and Section 31 of its Implementing Rules and Regulations, the National Economic and Development Authority (NEDA) Board has approved the NEDA Board-ICC Guidelines on the Review and Approval of PPP Proposals Requiring ICC and/or NEDA Board Approval on April 25, 2024.
The Guidelines details the new ICC process, checklists, and other forms for the submission, evaluation, and approval of the following PPP projects:
- National PPP Projects with project cost of PHP15 billion and above
- National PPP Projects with project cost of below PHP15 billion but meets any of the five (5) criteria provided in Section 7(a)(1)(ii) of the PPP Code and Section 25 of its IRR
- National PPP Projects implemented by more than one (1) national implementing agency
- PPP Projects implemented by a national and a local implementing agency
- National PPP Projects to be implemented by State Universities and Colleges via green lane
The Guidelines also covers the process and checklists for the submission, evaluation, and approval of the following:
- Proposed government undertakings or availability payments using national government funds for Local PPP Projects
- Changes to PTCs of the draft PPP contract prior to submission of bids
- Contract variation, expansion, or extension of an executed PPP contract
- Changes in, withdrawals, or substitution of private partners or member-firms of a consortium
The following are the annexes of the Guidelines:
- Annex 1: General NEDA Board-ICC Procedures as of April 25, 2024
- Annex 2: Sample Computation on Determining the RROR for the Toll Road Industry
- Annex 3: List of Documentary Requirements for the approval of the following PPP projects:
- National PPP Projects with project cost of PHP15 billion and above
- National PPP Projects with project cost of below PHP15 billion but meets any of the five (5) criteria provided in Section 7(a)(1)(ii) of the PPP Code and Section 25 of its IRR
- National PPP Projects implemented by more than one (1) national implementing agency
- PPP Projects implemented by a national and a local implementing agency
- National PPP Projects to be implemented by State Universities and Colleges via green lane
- Annex 4: List of Documentary Requirements for the approval of the proposed government undertakings or availability payments using national government funds for Local PPP Projects
- Annex 5: List of Documentary Requirements for the approval of the changes to PTCs of the draft PPP contract prior to submission of bids
- Annex 6: List of Documentary Requirements for the approval of the contract variation, expansion, or extension of an executed PPP contract
- Annex 7: List of Documentary Requirements for the approval of the changes in, withdrawals, or substitution of private partners or member-firms of a consortium
- Annex 8: PTC Forms
- Annex 9: Private Partner Information and Qualification Form
- Annex 10: List of Requirements to Establish the Qualification of the Private Proponent for Unsolicited Proposals
Alternatively, said Guidelines may also be accessed through NEDA’s website: https://neda.gov.ph/investment-coordination-committee/
- Guidelines and Procedures on Processing PPP proposals of LGUs requiring ICC Action under R.A. No. 7718
- Annex A-1 List of documentary requirements for Regional Development Council (RDC) endorsement of local projects to be implemented by LGUs
- Annex A-2 List of documentary requirements for ICC confirmation of local projects to be implemented by LGUs
- Annex A-3 List of documentary requirements for RROR determination of negotiated project
Published on April 24, 2023
These Revised Guidelines is being issued pursuant to Section 8 (Joint Venture Agreements) of Executive Order (EO) No. 423 dated 30 April 2005, which mandates the National Economic and Development Authority (NEDA), in consultation with the Government Procurement Policy Board (GPPB), to issue the necessary guidelines on Joint Ventures (JVs). As provided for under Section 9 of the 2013 Revised JV Guidelines, the Office of the Government Corporate Counsel (OGCC) and the Governance Commission for Government-Owned or -Controlled Corporations (GCG) were likewise consulted in the revision of these Guidelines.
Issued on February 22, 2023
This Joint Circular issued by the Permanent Committee composed of Department of Finance (DOF), Department of Budget and Management (DBM), and Commission on Audit provides guidelines to ensure that the establishment and management of Trust Liability Bank Account (TLBA) for receipts arising from PPP Projects comply with existing laws and relevant rules and regulations.
Joint Circular 2023-01: Guidelines on Managing Receipts from Public-Private Partnership Projects (PDF, 1.6 MB)
Approved on May 13, 2013
These revised Guidelines are being issued pursuant to Section 8 (Joint Venture Agreements) of Executive Order (EO) No. 423 dated 30 April 2005, which mandates the National Economic and Development Authority (NEDA), in consultation with the Government Procurement Policy Board (GPPB), to issue the necessary guidelines on Joint Ventures (JVs). The Office of the Government Corporate Counsel (OGCC) and the Governance Commission for Government-Owned and/or Controlled Corporations (GCG) were likewise consulted in the revision of the Guidelines. The proposed revisions were deliberated and subsequently approved by the NEDA Board Committee on Infrastructure (INFRACOM) and the Economic Development Cluster (EDC).
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These Guidelines and Issuances are approved by the Public-Private Partnership (PPP) Governing Board.
List of PPP Governing Board Guidelines
The Guidelines was approved through the Development and Budget Coordination Committee Resolution No. 2017-3 dated December 13, 2017.
Date Issued: 2003
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”
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Rationalizing the Composition of National Economic Development Authority (NEDA) Board, the NEDA Board Executive Committee (EXCOM), and the Investment Coordination Committee (ICC)
Date Approved: October 20, 2017
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Supplemental Guidelines for the Implementation of Public-Private Partnership for the People Initiative for Local Governments (LGU P4)
Date Issued: December 10, 2019
The Joint Memorandum Circular aims to provide LGUs further guidance on the modalities listed under Section 5.3 of DILG Memorandum Circular No. 2016-120. It aims to provide a template LGU Code for Joint Ventures (JV) that LGUs may adopt.
Download Supplemental Guidelines for the Implementation of PPP for the People Initiative for Local Governments (LGU P4) (PDF, 7.2MB)
Reporting of Public-Private Partnership (PPP) Project Spending and Contingent Liabilities
Date Issued: December 21, 2018
The Joint Memorandum Circular aims to standardize the reporting and monitoring of public and private sector spending on PPPs and contingent liabilities arising from PPP projects, and to improve and regularly update the database of PPP project information. It was signed by the Department of Budget and Management and the PPP Center on December 21, 2018, and published in the Official Gazette on February 18, 2019, which makes it effective on said date.
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Joint Memorandum Circular of National Economic and Development Authority, Department of Finance and Department of Budget and Management on Implementation Guidelines for the Establishment of the Project Facilitation, Monitoring, and Innovation (PFMI) Task Force
Date Issued: September 1, 2017
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Guidelines for the Implementation of Public-Private Partnership for the People Initiative for Local Governments (LGU P4)
Date Issued: September 7, 2016
The LGU P4 serves as a vehicle for private sector participation in the provision of infrastructure and social services that will be carried out by the local sectors.
Under the LGU P4 scheme, the LGU can forge public-private partnership with cooperatives and other private sectors through the following schemes, among others: Build-and-Transfer (BT); Build-Lease-and-Transfer (BLT); Build-Operate-and-Transfer (BOT); Contract-and-Operate (CAO); Develop-Operate-and-Transfer (DOT); Rehabilitate-Operate-and-Transfer (ROT); Concession; Joint Venture (JV); Lease or Affermage; Management Contract using or without LGU funds; Service Contract using or without LGU funds; Divestment or Disposition; Corporatization; Incorporation of a Subsidiary with private sector equity; or Gratuitous Donations.
Download Guidelines for the Implementation of LGU P4 (PDF, 5MB)
Amendment to the Regulations on Single Borrower’s Limit
The Bangko Sentral ng Pilipinas (BSP) 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.
Date Issued: January 9, 2013
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Attendance to the Region-wide Public-Private Partnership (PPP) Orientation-Workshop
Date Issued: June 8, 2012
This Circular encourages local government units to attend the Region-wide PPP Orientation Workshops to capacitate them in developing local infrastructure and development projects through PPP.
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Guidelines in the Submission of the Agency’s Budgetary Proposal to be Funded from the Public-Private Partnership Strategic Support Fund (PPPSF) and Project Development and Monitoring Facility (PDMF)
Date Issued: March 22, 2012
This Circular provides guidelines in the preparation of annual agency budget for the components of projects 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.
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Establishment of Public-Private Partnership (PPP) Sub-Committee in the Local Development Councils (LDCs) of LGUs
Date Issued: January 31, 2011
This Circular 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.”
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Guidelines in the Processing of Receipt Arising from Build-Operate and-Transfer (BOT) Transaction and its Variant Schemes
Date Issued: December 2003
This Joint Circular issued by 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, now PPP 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.
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Application of Republic Act No. 8974
Date Issued: October 15, 2015
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.
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Reduction and Condonation of Real Property Taxes and Interest/Penalties Assessed on the Power Generation Facilities of Independent Power Producers under Build-Operate-Transfer Contracts with Government-Owned or -Controlled Corporations
Date Signed: December 16, 2021
All liabilities for RPT for CY2021, including any special levy accruing to the Special Education Fund, on property, machinery and equipment actually and directly used by IPPs for the production of electricity under a Build-Operate-Transfer scheme and similar contracts, whether denominated Power Purchase Agreements, Energy Conversion Agreements or other contractual agreements with GOCCs, assessed by LGUs and other entities authorized to impose RPT for all years up to CY 2021, are hereby reduced to an amount equivalent to the tax due if computed based on an assessment level of fifteen percent (15%) of the fair market value of said property, machinery and equipment depreciated at the rate of two percent (2%) per annum, less any amount already paid by the IPPs. All interests and penalties on such deficiency RPT liabilities are also hereby condoned and the concerned IPPs are relieved from payment thereof.
All RPT payments made by the IPPs over and above the reduced amount under Section 1 of this Order shall be applied to their RPT liabilities for the succeeding years.
Download EO No. 157, s. 2021 (PDF, 609 KB)
Mandating the Inclusion of Provisions on the Use of Alternative Dispute Resolution (ADR) Mechanisms in All Contracts Involving Public-Private Partnership Projects, Build-Operate and Transfer Projects, Joint Venture Agreements Between the Government and Private Entities and Those Entered into by Local Government Units
Date Approved: July 4, 2012
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.
Download EO 78, s. 2012 (PDF, 267 KB)
PSE Supplemental Listing and Disclosure Rules Applicable to a Public-Private Partnership (PPP) Company
Date Approved: November 8, 2016
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.
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As of August 2, 2016
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 modification were made on the matrix and were noted by the ICC Cabinet Committee in the years 2014 and 2016.
The GPRAM identifies the party that could best handle the risks involved in undertaking a PPP project including some proposed mitigating strategies and contractual provision for each risk. It 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.
Download GPRAM (PDF, 525KB)
The Investment Coordination Committee-Cabinet Committee (ICC-CC), during its meeting on 25 April 2016, adopted the recommendations of the Public-Private Partnership (PPP) Governing Board on 07 March 2016 to modify certain provisions on the updated GPRAM, as of 22 December 2014.
Download Modifications to the GPRAM Explanatory Note (PDF, 45KB)
Memorandum of Agreement between BOI and PPP Center on BOI Registration and Evaluation Process for PPP Projects
Date Signed : December 22, 2015
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