Title
Restating Government Privatization Policy EO 37
Law
Executive Order No. 37
Decision Date
Dec 2, 1992
Fidel V. Ramos reaffirms the government's privatization policy to efficiently transfer ownership of 122 government-owned corporations and assets to the private sector, aiming to enhance economic activity and generate substantial revenue for priority expenditures.
A

Privatization of Government-Owned or Controlled Corporations (GOCCs)

  • Disposition entities designated by the Committee on Privatization (COP) shall submit a privatization action plan for GOCCs approved for divestment.
  • The action plan must be submitted within one month from issuance of the Executive Order.
  • The plan must describe the privatization process and include a timeline.
  • Sale offers for shares or assets must be made within five months from COP's approval of the plan.

Review of GOCCs Approved for Retention

  • The Government Corporate Monitoring and Coordinating Committee (GCMCC) will review GOCCs approved for retention.
  • This review covers those listed in Annex "B" and others.
  • GCMCC is to recommend a second group of GOCCs for privatization.
  • Recommendations to be submitted to the COP within two months from issuance of the order.

Designation of Disposition Entities

  • COP will review and may adjust the list of disposition entities responsible for GOCC privatization.
  • New disposition entities such as the Asset Privatization Trust (APT) or the National Development Company (NDC) may be designated if necessary for efficient privatization.

Sale of Idle Government Properties

  • Committees under Administrative Orders Nos. 8 and 9, 1992, will submit an action plan for disposing of idle government properties.
  • This plan is to be submitted to the President through the COP within three months.

Privatization of Other Government Activities

  • Heads of departments, bureaus, agencies, and GOCCs shall identify assets or activities more efficiently handled by the private sector.
  • Privatization modes include sale, leasing, management contracts, maintenance contracts, and build-operate-transfer (BOT) schemes.
  • Entities responsible shall implement privatization when within their authority.
  • For issues requiring presidential action or legislation, recommendations must be submitted to the COP within three months.
  • Technical assistance and grants are accessible through the Department of Finance.

Distribution of Net Proceeds from Privatization

  • Except for subsidiaries of GSIS and SSS, all GOCCs shall remit at least 50% of net proceeds from sales to the National Government.
  • Net proceeds are defined as gross proceeds minus related liabilities and selling expenses.
  • This remittance policy became effective October 1, 1992.

Implementation Rules and Regulations

  • The COP is tasked to issue implementing rules and regulations within thirty days from issuance of the Executive Order.

Effectivity of the Order

  • The Executive Order takes effect immediately upon issuance.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.