Legal basis and policy intent
- Republic Act No. 7656 requires GOCCs to declare and remit at least fifty percent (50%) of their annual net earnings as cash, stock, or property dividends to the National Government.
- Section 5 of Republic Act No. 7656 authorizes the President, upon the recommendation of the Secretary of Finance, to adjust the dividend percentage for reasons of national economy and general welfare.
- Executive Order No. 59 bases the adjustment on the need to support the viability and mandate of Power Sector Assets and Liabilities Management Corporation (PSALM).
- The adjustment is made in consideration of liquidity and debt servicing relative to PSALM’s net earnings for specific years.
- The Secretary of Finance recommends a downward adjustment for years 2004, 2007, 2008, 2013, 2014 and 2015.
What the adjustment changes
- SECTION 1 adjusts the dividend percentage PSALM must declare and remit as dividends to the National Government.
- The adjusted dividend rate is set from the minimum at least fifty percent (50%) to 3.3030407%.
- SECTION 1 sets the adjusted dividend rate for calendar years 2004, 2007, 2008, 2013, 2014 and 2015.
- SECTION 1 states that the adjusted rate corresponds to an estimated dividend amount of PHP 2.11 Billion.
- The adjustment applies pursuant to Section 5 of Republic Act No. 7656.
Coverage: persons, entity, and years
- The adjusted rate applies to Power Sector Assets and Liabilities Management Corporation (PSALM).
- The dividends covered are dividends declared and remitted to the National Government.
- SECTION 2 provides that the adjusted dividend rate applies only to PSALM’s net earnings for the years stated in SECTION 1.
- The years covered are calendar years 2004, 2007, 2008, 2013, 2014 and 2015.
- The adjusted rate is not stated to apply to PSALM’s net earnings for any other year.
Effectivity
- SECTION 3 provides that Executive Order No. 59 shall take effect immediately.