Title
Guidelines on BCDA Proceeds Distribution
Law
Executive Order No. 309
Decision Date
Nov 3, 2000
President Joseph Ejercito Estrada's Executive Order No. 309 mandates the equal distribution of proceeds from leases and joint ventures involving Metro Manila military camps between the Bases Conversion Development Authority and the Armed Forces of the Philippines, ensuring funds support the AFP Modernization Program.
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Scope and Coverage

  • The Executive Order covers all proceeds from the stated non-sale transactions, including those agreements previously executed before the issuance of this Order.

Basis of Sharing and Expense Deductions

  • Distribution is calculated based on net proceeds, which are the proceeds after deducting expenses directly incurred due to the transaction.
  • "Direct expenses" are defined as costs solely attributable to the transaction that would not have been incurred otherwise.
  • These direct expenses are to be jointly determined by representatives of BCDA and the Department of National Defense (DND).

Utilization of Proceeds

  • BCDA's share is regarded as corporate income and its use shall be decided by BCDA's Board of Directors.
  • AFP's share is designated for the AFP Modernization Program under Republic Act No. 7898.
  • Proceeds received after the conclusion of the Modernization Program may still be used to cover multi-year obligations related to the program.
  • After fulfilling such obligations, AFP’s share may then be allocated to other modernization projects approved by AFP and the Secretary of National Defense.

Remittance of AFP's Share

  • BCDA must remit AFP's share to the Armed Forces of the Philippines Modernization Act Trust Fund (Fund 172) in the Bureau of the Treasury.
  • Remittance should be made within two weeks after BCDA receives actual payment from the other party involved in the transaction.

Effectivity

  • The Executive Order takes effect immediately upon issuance on November 3, 2000.

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