Authority to Issue Bonds
- The President of the Philippines, upon recommendation by the Secretary of Finance, Monetary Board, and National Economic Development Authority, is authorized to issue bonds.
- Bonds may be issued domestically or internationally in the name and behalf of the Republic of the Philippines.
- The maximum authorization amount is two billion pesos.
- Bonds will finance public works and projects for economic and social development with high returns and authorized by law.
- Bonds may also be used for expropriation of lands for subdivision and resale, or to service existing government bond obligations tied to such projects.
Investment Limits and Conditions
- Provincial, city, and municipal investments in such projects are limited by their paying capacity, certified by the Secretary of Finance.
- The probable income from the projects must be considered before investment.
- No new bond issue of the same type may be made unless eighty percent of the immediate preceding issue has been sold.
- Not more than five percent of the bond issue may be used to pay government obligations, loans, and advances from government-owned or controlled financial institutions other than the Central Bank.
Terms, Conditions, and Features of the Bonds
- Bonds will have maturities of not less than five years.
- Issuance amounts will depend on market absorption and project funding needs.
- The Secretary of Finance, in consultation with the Monetary Board, will prescribe:
- Form
- Interest rate (including tax exemption status)
- Denominations
- Maturities
- Negotiability
- Convertibility
- Call and redemption features
- Terms of issuance, placement, sale, servicing, redemption, and payment
- Bonds may be payable in Philippine currency or any readily convertible foreign currency.
Lottery Bond Scheme and Redemption
- The Secretary of Finance may adopt a lottery bond scheme:
- Bondholders holding bonds are eligible for lotteries drawn at specified times.
- Awards or prizes may be given additionally or alternatively to interest.
- The lottery principle can also apply to bond redemption:
- Bonds drawn by lot may be redeemed before maturity at face value or above.
Tax Exemption and Legal Protections
- Bonds issued under this Act may be exempt from taxation including taxes on foreign exchange.
- This tax exemption may be granted by the National Government or any political or municipal subdivision.
- Bonds must state the exemption on their face as per the Act.
- Bonds are also exempt from attachment, execution, or seizure.
Legal Effect and Promulgation
- This amendment is declared as part of the laws of the land upon issuance.
- It was promulgated by President Ferdinand E. Marcos on March 2, 1973, in Manila.
- It confers continuous authority to finance economic development projects via bond issuance under the outlined terms and procedures.