MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 8
REORGANIZING AND RENAMING THE BUILD-OPERATE AND TRANSFER (BOT) CENTER TO THE PUBLIC-PRIVATE PARTNERSHIP (PPP) CENTER OF THE PHILIPPINES AND TRANSFERRING ITS ATTACHMENT FROM THE DEPARTMENT OF TRADE AND INDUSTRY TO THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY AND FOR OTHER PURPOSES
WHEREAS, Section 20, Article II of the 1987 Constitution provides that the State recognizes the indispensable role of the private sector as the main engine for national development;
WHEREAS, Section 1 of Republic Act. 7718 or the Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes, otherwise known as the Build to Operate Transfer (BOT) Law, as amended, recognizes the indispensable role of the private sector as the main engine for national growth and development and provides the most appropriate incentives to mobilize private resources for the purpose of financing the construction, operation and maintenance of infrastructure and development projects normally financed and undertaken by the Government;
WHEREAS, the...
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Executive Orders
Reorganizing and Renaming the Build-Operate and Transfer (BOT) Center to the Public-Private Partnership (PPP) Center of the Philippines and Transferring Its Attachment From the Department of Trade and Industry to the National Economic and Development Authority and For Other Purposes
Executive Order No. 8
Summary of Executive Order No. 8
Reorganization and Renaming:
- The Build-Operate and Transfer (BOT) Center is renamed as the Public-Private Partnership (PPP) Center. (Section 1)
- The PPP Center is transferred from the Department of Trade and Industry to the National Economic and Development Authority (NEDA) as an attached agency. (Section 1)
Powers and Functions of the PPP Center:
- Cover all PPP programs and projects, including BOT Law variants and joint-venture agreements. (Section 2)
- Conduct project facilitation and assistance to implementing agencies and LGUs in addressing impediments or bottlenecks. (Section 2a)
- Provide advisory services, technical assistance, trainings, and capacity development to agencies/LGUs in PPP project preparation and development. (Section 2b)
- Recommend plans, policies, and implementation guidelines related to PPP in consultation with oversight committees, implementing agencies, LGUs, and the private sector. (Section 2c)
- Manage and administer a revolving fund called the Project Development and Monitoring Facility for the preparation of business case, pre-feasibility and feasibility studies, and tender documents. (Section 2d)
- Monitor and facilitate the implementation of priority PPP Programs and Projects formulated by agencies/LGUs in coordination with the NEDA Secretariat. (Section 2e)
- Establish and manage a central database system of PPP Programs and Projects. (Section 2f)
- Recommend improvements to timelines in processing PPP proposals and monitor compliance of all agencies/LGUs. (Section 2g)
- Prepare annual reports on the implementation of PPP programs and projects for submission to the President. (Section 2h)
- Perform other functions critical in expediting and implementing PPP Programs and Projects. (Section 2i)
Promotion and Marketing Functions:
- The promotion and marketing functions of the former BOT Center shall be undertaken by the Department of Trade and Industry. (Section 3)
Head of the PPP Center:
- The PPP Center shall be headed by an Executive Director with the rank equivalent to Assistant Director General or Assistant Secretary, appointed by the President upon the recommendation of the Secretary of Socioeconomic Planning. (Section 4)
Organization and Staffing Pattern:
- The Secretary of Socioeconomic Planning shall revise, prescribe, and approve the Organization and Staffing Pattern of the PPP Center after review by, and/or consultation with, the Department of Budget and Management. (Section 5)
Project Development and Monitoring Facility:
- An amount of Three Hundred Million Pesos (Php300,000,000.00) is constituted as a working fund for the conduct of business case, pre-feasibility and feasibility studies, and activities for selected PPP programs and projects. (Section 6)
Processing of PPP Program/Project Proposals:
- The processing of all qualified solicited PPP proposals shall be completed within a period of six (6) months, subject to existing laws, guidelines, rules, and regulations. (Section 7)
Appropriations and Source of Funding:
- The Department of Budget and Management shall release the funds needed for the financial and operational requirements of the PPP Center, including the amount indicated in Section 6, subject to the submission of a special budget. (Section 8)
- All funds appropriated to the former BOT Center and its Project Development Facility shall be transferred to the Project Development and Monitoring Facility of the PPP Center, subject to government accounting and auditing procedures. (Section 8)
- The PPP Center may receive contributions, grants, and/or other funds from government agencies and corporations, LGUs, local and foreign donors, development partners, and the private sector/institutions, subject to existing laws, rules, and regulations. (Section 8)
Transitory Provisions:
- The Executive Director of the former BOT Center shall temporarily be the Executive Director of the PPP Center until a new Executive Director is appointed. (Section 9a)
- Existing personnel of the BOT Center shall be transferred to the PPP Center and shall remain in their current positions until the revised/new organizational and staffing pattern are implemented. (Section 9b)
- The Project Development Facility of the BOT Center shall now be known as the Project Development and Monitoring Facility of the PPP Center. (Section 9c)
- All funds, appropriations, records, PPP-related documents, equipment, facilities, and rights belonging to the BOT Center related to the functions indicated in Section 2 are transferred to the PPP Center through NEDA within 30 calendar days after the effectivity of this Executive Order. Future appropriations for the PPP Center shall be included in NEDA's annual budget. (Section 9d)
Repealing Clause:
- All executive and administrative issuances, memorandum orders, or parts thereof, which are inconsistent with the provisions of this Executive Order, are hereby repealed or modified accordingly. (Section 10)
Separability Clause:
- If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected shall remain valid and subsisting. (Section 11)
Effectivity:
- This Executive Order shall take effect immediately upon publication. (Section 12)
Reorganization and Renaming:
- The Build-Operate and Transfer (BOT) Center is renamed as the Public-Private Partnership (PPP) Center. (Section 1)
- The PPP Center is transferred from the Department of Trade and Industry to the National Economic and Development Authority (NEDA) as an attached agency. (Section 1)
Powers and Functions of the PPP Center:
- Cover all PPP programs and projects, including BOT Law variants and joint-venture agreements. (Section 2)
- Conduct project facilitation and assistance to implementing agencies and LGUs in addressing impediments or bottlenecks. (Section 2a)
- Provide advisory services, technical assistance, trainings, and capacity development to agencies/LGUs in PPP project preparation and development. (Section 2b)
- Recommend plans, policies, and implementation guidelines related to PPP in consultation with oversight committees, implementing agencies, LGUs, and the private sector. (Section 2c)
- Manage and administer a revolving fund called the Project Development and Monitoring Facility for the preparation of business case, pre-feasibility and feasibility studies, and tender documents. (Section 2d)
- Monitor and facilitate the implementation of priority PPP Programs and Projects formulated by agencies/LGUs in coordination with the NEDA Secretariat. (Section 2e)
- Establish and manage a central database system of PPP Programs and Projects. (Section 2f)
- Recommend improvements to timelines in processing PPP proposals and monitor compliance of all agencies/LGUs. (Section 2g)
- Prepare annual reports on the implementation of PPP programs and projects for submission to the President. (Section 2h)
- Perform other functions critical in expediting and implementing PPP Programs and Projects. (Section 2i)
Promotion and Marketing Functions:
- The promotion and marketing functions of the former BOT Center shall be undertaken by the Department of Trade and Industry. (Section 3)
Head of the PPP Center:
- The PPP Center shall be headed by an Executive Director with the rank equivalent to Assistant Director General or Assistant Secretary, appointed by the President upon the recommendation of the Secretary of Socioeconomic Planning. (Section 4)
Organization and Staffing Pattern:
- The Secretary of Socioeconomic Planning shall revise, prescribe, and approve the Organization and Staffing Pattern of the PPP Center after review by, and/or consultation with, the Department of Budget and Management. (Section 5)
Project Development and Monitoring Facility:
- An amount of Three Hundred Million Pesos (Php300,000,000.00) is constituted as a working fund for the conduct of business case, pre-feasibility and feasibility studies, and activities for selected PPP programs and projects. (Section 6)
Processing of PPP Program/Project Proposals:
- The processing of all qualified solicited PPP proposals shall be completed within a period of six (6) months, subject to existing laws, guidelines, rules, and regulations. (Section 7)
Appropriations and Source of Funding:
- The Department of Budget and Management shall release the funds needed for the financial and operational requirements of the PPP Center, including the amount indicated in Section 6, subject to the submission of a special budget. (Section 8)
- All funds appropriated to the former BOT Center and its Project Development Facility shall be transferred to the Project Development and Monitoring Facility of the PPP Center, subject to government accounting and auditing procedures. (Section 8)
- The PPP Center may receive contributions, grants, and/or other funds from government agencies and corporations, LGUs, local and foreign donors, development partners, and the private sector/institutions, subject to existing laws, rules, and regulations. (Section 8)
Transitory Provisions:
- The Executive Director of the former BOT Center shall temporarily be the Executive Director of the PPP Center until a new Executive Director is appointed. (Section 9a)
- Existing personnel of the BOT Center shall be transferred to the PPP Center and shall remain in their current positions until the revised/new organizational and staffing pattern are implemented. (Section 9b)
- The Project Development Facility of the BOT Center shall now be known as the Project Development and Monitoring Facility of the PPP Center. (Section 9c)
- All funds, appropriations, records, PPP-related documents, equipment, facilities, and rights belonging to the BOT Center related to the functions indicated in Section 2 are transferred to the PPP Center through NEDA within 30 calendar days after the effectivity of this Executive Order. Future appropriations for the PPP Center shall be included in NEDA's annual budget. (Section 9d)
Repealing Clause:
- All executive and administrative issuances, memorandum orders, or parts thereof, which are inconsistent with the provisions of this Executive Order, are hereby repealed or modified accordingly. (Section 10)
Separability Clause:
- If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected shall remain valid and subsisting. (Section 11)
Effectivity:
- This Executive Order shall take effect immediately upon publication. (Section 12)