MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 136
AMENDING CERTAIN SECTIONS OF EXECUTIVE ORDER NO. 8 (S. 2010) WHICH REORGANIZED AND RENAMED THE BUILD-OPERATE AND TRANSFER CENTER TO THE PUBLIC-PRIVATE PARTNERSHIP CENTER OF THE PHILIPPINES AND TRANSFERRED ITS ATTACHMENT FROM THE DEPARTMENT OF TRADE AND INDUSTRY TO THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY, AND FOR OTHER PURPOSES
WHEREAS, Executive Order (EO) No. 8 (s. 2010) reorganized and renamed the Build-Operate and Transfer (BOT) Center to the Public-Private Partnership (PPP) Center of the Philippines and transferred its attachment from the Department of Trade and industry (DTI) to the National Economic and Development Authority (NEDA);
WHEREAS, there is a need to amend certain sections of EO No. 8 for a more efficient implementation of PPP programs and projects;
WHEREAS, the power of the President to direct the reorganization of government entities under the Executive Department is enshrined in the Constitution, particularly Section 17, Article VII which states that, “[t]he President shall have control of all executive departments, bureaus and offices;”
WHEREAS,...
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Executive Orders
Amending Certain Sections Of Executive Order No. 8 (S. 2010) Which Reorganized And Renamed The Build-Operate And Transfer Center To The Public-Private Partnership Center Of The Philippines And Transferred Its Attachment From The Department Of Trade And Industry To The National Economic And Development Authority, And For Other Purposes
Executive Order No. 136
Summary of Executive Order No. 136
Reorganization and Renaming of the PPP Center
- Renames the Build-Operate and Transfer (BOT) Center to the Public-Private Partnership (PPP) Center of the Philippines. (Section 1)
- Transfers the PPP Center from the Department of Trade and Industry (DTI) to the National Economic and Development Authority (NEDA) for budgetary purposes and administrative supervision. (Section 1)
Project Development and Monitoring Facility (PDMF)
- The PPP Center is tasked with managing and administering the PDMF, formerly known as the Project Development Facility (PDF). (Section 2)
- The PDMF shall be used for conducting business case, pre-feasibility and feasibility studies, and tender documents for PPP programs and projects, as well as effective monitoring of PPP project implementation. (Section 7)
PPP Governing Board
- Establishes the PPP Governing Board as the overall policy-making body for all PPP-related matters, including the PDMF. (Section 3A)
- The PPP Governing Board is responsible for setting the strategic direction of the PPP Program and creating an enabling policy and institutional environment for PPP. (Section 3A)
- The PPP Governing Board is composed of the Secretary of Socio-Economic Planning (Chairperson), Secretary of Finance (Vice-Chairperson), Secretary of Budget and Management, Secretary of Justice, Secretary of Trade and Industry, Executive Secretary, and Private Sector Co-Chairman of the National Competitiveness Council. (Section 3A)
- The PPP Center shall act as the Secretariat of the PPP Governing Board. (Section 3A)
Head of the PPP Center
- The PPP Center shall be headed by an Executive Director with the rank equivalent to an Undersecretary, appointed by the President upon the recommendation of the Secretary of Socio-Economic Planning. (Section 4)
- The Executive Director shall undertake the day-to-day management and supervise the operations of the PPP Center. (Section 4)
- The Executive Director of the PPP Center shall be included as a member of the NEDA Infrastructure Committee – Technical Board (INFRACOM-TB) and the NEDA Investment Coordination Committee – Technical Board (ICC-TB). (Section 5A)
Separation Benefits for BOT Center Personnel
- Personnel of the BOT Center separated as a result of the reorganization shall be granted separation benefits charged against available savings of the National Government, based on their years of government service. (Section 5A)
- The separation benefits are in addition to the benefits authorized under the Government Service Insurance System (GSIS) Act of 1997. (Section 5A)
PDMF Committee
- A PDMF Committee composed of representatives from NEDA, Department of Finance (DOF), Department of Budget and Management (DBM), and the PPP Center is created to approve applications for availment of the PDMF. (Section 7)
- The PDMF Committee shall formulate, prescribe, and recommend policies, procedures, and guidelines for the use of the PDMF for the development of PPP projects and recovery of costs charged to the fund, subject to the approval of the PPP Governing Board. (Section 7)
- The PPP Center shall serve as the Secretariat of the PDMF Committee. (Section 7)
Cost Recovery and Funding
- The PPP Center may collect and receive reasonable fees and recover costs charged to the PDMF, in accordance with the guidelines approved by the PPP Governing Board. (Section 7)
- Implementing agencies are authorized to reallocate their funds for purposes of the PDMF, subject to provisions of the General Appropriations Act (GAA) and relevant accounting and auditing rules and regulations. (Section 7)
- The PPP Center may receive contributions, grants, and/or other funds from government agencies and corporations, local government units (LGUs), local and foreign donors, development partners, and private sector/institutions, subject to existing laws, rules, and regulations. (Section 8)
Reporting Requirements
- All government agencies, including LGUs, are directed to submit reports to the PPP Center on all projects undertaken through Public-Private Partnerships. (Section 10)
- The PPP Center shall prescribe the frequency of submission, format, and contents of the reports, among others, consistent with the requirements of the oversight agency. (Section 10)
Budgeting and Funding
- The Department of Budget and Management (DBM) shall release the funds appropriated for the PPP Center in the annual GAA, subject to pertinent budgeting, accounting, and auditing rules. (Section 8)
Reorganization and Renaming of the PPP Center
- Renames the Build-Operate and Transfer (BOT) Center to the Public-Private Partnership (PPP) Center of the Philippines. (Section 1)
- Transfers the PPP Center from the Department of Trade and Industry (DTI) to the National Economic and Development Authority (NEDA) for budgetary purposes and administrative supervision. (Section 1)
Project Development and Monitoring Facility (PDMF)
- The PPP Center is tasked with managing and administering the PDMF, formerly known as the Project Development Facility (PDF). (Section 2)
- The PDMF shall be used for conducting business case, pre-feasibility and feasibility studies, and tender documents for PPP programs and projects, as well as effective monitoring of PPP project implementation. (Section 7)
PPP Governing Board
- Establishes the PPP Governing Board as the overall policy-making body for all PPP-related matters, including the PDMF. (Section 3A)
- The PPP Governing Board is responsible for setting the strategic direction of the PPP Program and creating an enabling policy and institutional environment for PPP. (Section 3A)
- The PPP Governing Board is composed of the Secretary of Socio-Economic Planning (Chairperson), Secretary of Finance (Vice-Chairperson), Secretary of Budget and Management, Secretary of Justice, Secretary of Trade and Industry, Executive Secretary, and Private Sector Co-Chairman of the National Competitiveness Council. (Section 3A)
- The PPP Center shall act as the Secretariat of the PPP Governing Board. (Section 3A)
Head of the PPP Center
- The PPP Center shall be headed by an Executive Director with the rank equivalent to an Undersecretary, appointed by the President upon the recommendation of the Secretary of Socio-Economic Planning. (Section 4)
- The Executive Director shall undertake the day-to-day management and supervise the operations of the PPP Center. (Section 4)
- The Executive Director of the PPP Center shall be included as a member of the NEDA Infrastructure Committee – Technical Board (INFRACOM-TB) and the NEDA Investment Coordination Committee – Technical Board (ICC-TB). (Section 5A)
Separation Benefits for BOT Center Personnel
- Personnel of the BOT Center separated as a result of the reorganization shall be granted separation benefits charged against available savings of the National Government, based on their years of government service. (Section 5A)
- The separation benefits are in addition to the benefits authorized under the Government Service Insurance System (GSIS) Act of 1997. (Section 5A)
PDMF Committee
- A PDMF Committee composed of representatives from NEDA, Department of Finance (DOF), Department of Budget and Management (DBM), and the PPP Center is created to approve applications for availment of the PDMF. (Section 7)
- The PDMF Committee shall formulate, prescribe, and recommend policies, procedures, and guidelines for the use of the PDMF for the development of PPP projects and recovery of costs charged to the fund, subject to the approval of the PPP Governing Board. (Section 7)
- The PPP Center shall serve as the Secretariat of the PDMF Committee. (Section 7)
Cost Recovery and Funding
- The PPP Center may collect and receive reasonable fees and recover costs charged to the PDMF, in accordance with the guidelines approved by the PPP Governing Board. (Section 7)
- Implementing agencies are authorized to reallocate their funds for purposes of the PDMF, subject to provisions of the General Appropriations Act (GAA) and relevant accounting and auditing rules and regulations. (Section 7)
- The PPP Center may receive contributions, grants, and/or other funds from government agencies and corporations, local government units (LGUs), local and foreign donors, development partners, and private sector/institutions, subject to existing laws, rules, and regulations. (Section 8)
Reporting Requirements
- All government agencies, including LGUs, are directed to submit reports to the PPP Center on all projects undertaken through Public-Private Partnerships. (Section 10)
- The PPP Center shall prescribe the frequency of submission, format, and contents of the reports, among others, consistent with the requirements of the oversight agency. (Section 10)
Budgeting and Funding
- The Department of Budget and Management (DBM) shall release the funds appropriated for the PPP Center in the annual GAA, subject to pertinent budgeting, accounting, and auditing rules. (Section 8)