Law Summary
Loan Amount Limits and Conditions
- The total authorized foreign borrowing by the government cannot exceed US$1 billion or equivalent foreign currencies.
- Loans must have payment terms of not less than 10 years, except in cases of national security or natural calamities.
- Interest rates and charges from non-governmental lenders are regulated by the Central Bank.
- 75% of borrowings must be allocated to public sector projects, 25% to private sector projects.
- No private borrower may exceed 15% of total loans for relending unless approved by NEDA and the President.
- The Central Bank will implement measures to reduce external debt service to an annual level not exceeding 20% of foreign exchange receipts.
Presidential Power to Guarantee Loans
- The President may guarantee loans or indebtedness contracted by government-owned or controlled corporations and financial institutions.
- The proceeds of guaranteed bonds or loans must be used for authorized industrial, agricultural, or economic development projects.
- 75% of guarantees shall be for government financial institutions' projects.
- Borrowers are likewise subjected to a 15% limit of total guaranteed amounts except for certain development finance corporations.
Eligibility for Borrowing from Government Institutions
- Only Filipino citizens or corporations with at least 70% Filipino ownership, maintaining this ownership until full repayment, qualify to borrow from government financial institutions under this law.
- Failure to maintain ownership triggers immediate loan due and penalties.
Waiver or Modification of Competitive Bidding Laws
- The President may agree to waive or modify laws restricting or granting preferences in international competitive bidding.
- These laws include Commonwealth Act No. 138, RA No. 4239, and others, except those related to national defense or security.
- Utilization of qualified domestic firms is encouraged.
- A minimum 15% preference is granted for Philippine-made articles, materials, or supplies in competitive bidding.
Reporting Requirements to Congress
- The President is required to submit a separate report to Congress within 30 days after each regular session.
- The report details loans contracted, negotiations, bonds or securities sold or proposed, guarantees extended, their terms, and projects financed.
Appropriation and Payment of Loan Proceeds
- Revenues from projects financed by these loans must be remitted to the National Treasury, after deducting necessary operational expenses.
- If revenues are insufficient, budget savings or other National Treasury funds must cover the deficit.
- The Monetary Board must ensure provisions from foreign exchange receipts to service external debt.
- This revenue remittance does not apply to relending arrangements specified under certain sections.
Repeals and Effectivity
- Certain sections of the previous law are repealed or renumbered.
- All provisions inconsistent with this Decree are repealed or modified.
- The Decree takes effect immediately upon promulgation.