Law Summary
Medium-Term Development Plan (MTPDP) Alignment
- Government aims to mobilize private sector for accelerating infrastructure financing, construction, rehabilitation, and operation.
- Focus on obtaining infrastructure through competitive markets with minimal fiscal burden and contingent liabilities.
- Ensure services are adequate, safe, efficient, reliable, affordable.
- Promote fair and transparent competition giving private proponents reasonable returns and risk-sharing.
Commitment to Governance Principles
- Philippine government commits to good governance, transparency, competitiveness, impartiality, and accountability in government transactions including infrastructure projects.
Purpose and Need for Reorganization
- Need to fast-track Public-Private Partnership (PPP) implementation as a key national development strategy.
- Revised BOT Law IRR mandates BOT Center to coordinate, monitor, guide agencies/LGUs in BOT projects, and report progress.
- Prior attachment of BOT Center: Office of the President then Department of Trade and Industry (DTI).
- Necessity to consolidate coordination and monitoring functions under National Economic and Development Authority (NEDA) for central planning efficiency.
- Economic Managers agreed to rename BOT Center as PPP Center and attach to NEDA, transferring resources accordingly.
Presidential Authority
- Executive Order pursuant to Administrative Code of 1987 granting the President control over executive departments and offices.
Renaming and Transfer of BOT Center (Section 1)
- BOT Center renamed as Public-Private Partnership (PPP) Center.
- Attachment transferred from DTI to NEDA.
Powers and Functions of PPP Center (Section 2)
- Covers all PPP programs/projects, BOT Law variants, joint-venture agreements.
- Project facilitation and assistance to national agencies/government corporations/LGUs.
- Provides advisory services, technical assistance, training, capacity-building for project preparation and development.
- Recommends PPP policies, plans, implementation guidelines with consultations.
- Manages revolving fund "Project Development and Monitoring Facility" to finance business case, feasibility studies, tender documents preparation.
- Monitors and facilitates priority PPP projects in coordination with NEDA Secretariat.
- Maintains central database of PPP programs/projects.
- Recommends improvements in processing timelines, monitors agency/LGU compliance.
- Prepares annual reports on PPP implementation for submission to the President.
- Executes other functions critical to PPP program implementation.
Promotion and Marketing Responsibilities (Section 3)
- Promotion and marketing of PPP projects assigned to DTI.
Leadership and Appointment (Section 4)
- PPP Center headed by an Executive Director with rank equivalent to Assistant Director General or Assistant Secretary.
- Appointment made by the President upon Secretary of Socioeconomic Planning's recommendation.
Organizational Structure (Section 5)
- Secretary of Socioeconomic Planning to revise and approve Organizational and Staffing Pattern after consulting Department of Budget and Management.
Project Development and Monitoring Facility (Section 6)
- Creation of a working fund of Php300 million for business case, pre-feasibility, feasibility studies for selected PPP programs/projects.
Processing Time for PPP Proposals (Section 7)
- All qualified solicited PPP proposals to be processed within six (6) months subject to existing laws and rules.
Budget and Funding (Section 8)
- Department of Budget and Management (DBM) to release funds for PPP Center operations, including Php300 million working fund.
- Transfer of BOT Center appropriations and Project Development Facility funds to PPP Center’s Project Development and Monitoring Facility.
- PPP Center may receive contributions, grants, and funds from various government and private sources subject to law.
Transitory Provisions (Section 9)
- Current BOT Center Executive Director serves temporarily until a new appointment is made.
- Existing BOT Center personnel to be transferred and retained until revised organization is implemented.
- Project Development Facility renamed to Project Development and Monitoring Facility.
- Transfer of all BOT Center funds, records, equipment, contracts, and related rights to PPP Center through NEDA within 30 days.
- Future appropriations included in NEDA’s annual budget.
Repealing Clause (Section 10)
- All inconsistent executive/administrative issuances and orders are repealed or modified accordingly.
Separability Clause (Section 11)
- Invalidity of any provision does not affect validity of remaining provisions.
Effectivity Clause (Section 12)
- Order takes effect immediately upon publication.