Section 4 of Republic Act No. 11966, otherwise known as the “PPP Code of the Philippines”, provides for the extent to which the PPP Code shall apply in terms of infrastructure or development projects and services. Additionally, Section 7 of the PPP Code IRR clarifies the non-applicability of the PPP Code and its IRR. The provisions in both sections specify that the PPP Code and its IRR shall not apply to joint venture and lease agreements involving purely commercial arrangements that neither provide nor include public infrastructure or development projects and services, and which do not satisfy the elements of a PPP as defined in Section 4(rr) of the PPP Code IRR.

Link to the draft Guidelines: DRAFT GUIDELINES ON JOINT VENTURE AND LEASE AGREEMENTS INVOLVING PURELY COMMERCIAL ARRANGEMENTS UNDER THE PPP CODE AND ITS IRR

The draft guidelines, which aims to establish a comprehensive framework to help stakeholders in the identification and classification of lease agreements under Section 6(c) of the PPP Code IRR and joint venture and lease agreements that meet the criteria for purely commercial arrangements. It is designed to provide a standard understanding and appreciation of the requisites to be considered in determining whether a project falls under the scope of the PPP Code and its IRR. This approach seeks to ensure that all stakeholders have a thorough appreciation of the essential requisites necessary for making informed assessments regarding project eligibility.

Comments, inputs, and feedback from stakeholders will be accepted until December 3, 2024 (Tuesday, 12:00 PM ONLY) by filling out this form: https://bit.ly/GuidelinesOnPurelyCommercial_Forms

The PPP Center is also organizing an online stakeholder consultation scheduled on Friday, November 29, 2024 via Zoom. Target participants of the consultation include national government agencies, local government units, state universities and colleges, local universities and colleges, and members of the private sector. Should you or your representatives be interested to participate, you may register through this >>LINK<<.

Inputs submitted after the deadline may not guarantee that the comments will be considered for the finalization of the guidelines.

For inquiries, kindly email [email protected].