QuestionsQuestions (EXECUTIVE ORDER NO. 136)
To amend certain sections of Executive Order No. 8 (2010) to improve the implementation of PPP (public-private partnership) programs and projects, including reorganizing governance, supervision, and funding mechanisms for the PPP Center and its PDMF.
EO No. 8 reorganized and renamed the Build-Operate-Transfer (BOT) Center into the Public-Private Partnership (PPP) Center of the Philippines and transferred its attachment from DTI to NEDA for budgetary purposes and administrative supervision. EO No. 136 amends selected provisions of EO No. 8.
It remains an attached agency but the text specifies it is transferred/attached from the Department of Trade and Industry (DTI) to the National Economic and Development Authority (NEDA) for budgetary purposes and administrative supervision.
Section 2(d) amends the provision to “Manage and administer the Project Development and Monitoring Facility (PDMF), formerly known as the Project Development Facility (PDF)” which was established as a revolving fund under EO No. 44 (2002).
It is the overall policy-making body for all PPP-related matters, sets the strategic direction of the PPP Program, and creates an enabling policy and institutional environment for PPP, including responsibilities concerning the PDMF.
Chairperson: Secretary of Socio-Economic Planning. Vice-Chairperson: Secretary of Finance. Members: Secretary of Budget and Management, Secretary of Justice, Secretary of Trade and Industry, Executive Secretary, and a Private Sector Co-Chairman of the National Competitiveness Council.
The Chairman and three (3) other members constitute a quorum; adoption of any issuance/order/resolution/decision/act requires a majority vote of the members present.
The PPP Center is headed by an Executive Director with the rank equivalent to an Undersecretary. The Executive Director is appointed by the President upon recommendation of the Secretary of Socio-Economic Planning.
It provides that the Executive Director of the PPP Center shall be included as a member of NEDA Infrastructure Committee (INFRACOM-TB) and NEDA Investment Coordination Committee (ICC-TB).
It grants additional separation benefits beyond those authorized under RA No. 8291 (GSIS Act of 1997). The additional benefits are charged against available savings of the National Government, with rates depending on years of service (e.g., 1/2 month, 3/4 month, or 1 month basic salary per year as specified).
As the highest salary received before retirement/separation from the BOT Center.
To conduct business case, pre-feasibility and feasibility studies, and tender documents of PPP programs/projects in a timely manner and to ensure effective monitoring of PPP project implementation.
A PDMF Committee composed of representatives from NEDA, DOF, DBM, and the PPP Center approves applications for availment. Subject to PPP Governing Board approval, it also formulates, prescribes, and recommends policies, procedures, and guidelines for use of the PDMF and recovery of costs.
The PPP Center acts as Secretariat of the PPP Governing Board and also serves as the Secretariat of the PDMF Committee.
The PPP Center may collect and receive reasonable fees and recover costs charged to the PDMF, in accordance with guidelines approved by the PPP Governing Board; use is subject to GAA and relevant accounting/auditing rules.
DBM releases funds appropriated for the PPP Center in the annual GAA subject to budgeting, accounting, and auditing rules. The PPP Center may also receive contributions/grants/other funds from government agencies and corporations, LGUs, local and foreign donors, development partners, and private sector/institutions subject to existing laws/rules/regulations.
All government agencies, including LGUs, must submit reports to the PPP Center on all projects undertaken through PPP. The PPP Center prescribes the frequency, format, and contents consistent with oversight requirements.