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Public-Private Partnership Center

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Other Pertinent Laws and Issuances

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.

Pertinent LawsAdministrative OrdersCircularsExecutive OrdersGuidelinesOther Issuances
Republic Act 10752

An Act Facilitating the Acquisition of Right-of-Way Site or Location For National Government Infrastructure Projects

Date Approved: March 7, 2016

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Republic Act 8974

An act to facilitate 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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Republic Act 8975

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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Republic Act 7160
Local Government Code of the Philippines

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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Administrative Order No. 8

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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Joint Circular No. 2017-01

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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DILG Memorandum Circular 2016-120

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.

View/Download Guidelines for the Implementation of LGU P4 (PDF, 5MB)

BSP Circular No. 779 Series 2013

Amendment to the Regulations on Single Borrower’s Limit

The 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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DILG Memorandum Circular 2012-107

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 Public-Private Partnership Orientation Workshops to capacitate in developing local infrastructure and development projects through PPP.

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DBM National Budget Circular No. 538

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)

Date Issued: March 22, 2012

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.

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DILG Memorandum Circular 2011-16

Establishment of Public-Private Partnership (PPP) Sub-Committee in 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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Joint Circular No. 03-01

Guidelines in the Processing of Receipt Arising from BOT Transactions 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) 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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Office of the Court Administrator Circular No. 232-2015

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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Executive Order No. 78

Mandating the Inclusion of Provisions of 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.

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PPPGB Guidelines and Issuances

These Guidelines and Issuances are approved by the Public-Private Partnership (PPP) Governing Board.

List of PPP Governing Board Guidelines

Implementing Guidelines for the Special Provision on the Use of Unprogrammed Appropriations for the Risk Management Program of 2017 General Appropriations Act

The Guidelines was approved through the Development and Budget Coordination Committee Resolution No. 2017-3 dated December 13, 2017.

Implementing Guidelines for the Special Provision on the Use of Unprogrammed Appropriations for the RMP of 2017 GAA

Guidelines on the Preparation, Review and Approval and Implementation of ICT Projects Proposed for Financing Under BOT Law

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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PSE Supplemental PPP Listing and Disclosure Rules

PSE Supplemental Listing and Disclosure Rules Applicable to a 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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Generic Preferred Risks Allocation Matrix (GPRAM)

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.

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Memorandum of Agreement between Board of Investments and PPP Center

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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