Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
I. INTRODUCTION
IV. ANNEXES
V. INDEX.......................................................................................... 180
1 The list of PPP Projects included herein is an initial list that will be constantly updated and expanded.
2 The energy projects included herein are initiated by the private sector.
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Message of the President
MANILA
18 November 2010
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Acronyms
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Acronyms
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Acronyms
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THE PHILIPPINES &
THE PUBLIC-PRIVATE PARTNERSHIP
President Benigno S. Aquino III’s Social Contract with the Filipino People
envisions a country that has achieved inclusive growth and is characterized
by rapid, sustained, and broad-based economic expansion that is focused on
creating more jobs and new opportunities to achieve full employment, and on
significantly reducing poverty.
To attain this vision, the development strategies will be directed towards attaining
a high and sustained economic growth, providing equal access to development
opportunities and formulating effective social safety nets.
To help achieve the high and sustained economic growth needed to generate
productive employment opportunities, the Government will provide an enabling
environment for private sector investment by maintaining stable macroeconomic
environment and pursuing sound and consistent public policies. Measures to
increase the country’s competitiveness will be implemented by investing in
infrastructure, and improving governance by reducing the cost of doing business,
enforcing the rule of law, ensuring the effective and efficient delivery of public
service, and improving the investment programming processes. To achieve a
higher growth path over the medium term, the Government will focus on improving
productivity and creating new opportunities for full employment and efficient
allocation of resources. The levels of private investment and entrepreneurship,
especially among micro, small and medium enterprises (MSME) will also be
raised.
The Government will ensure that different geographical areas, income levels
and social spectra will be given equal access to development opportunities,
so that the expansion of employment opportunities truly translates into poverty
reduction. This will entail more quality investment in human capital, especially in
education, primary health care and nutrition, and other basic social services. The
Government will also level the playing field through equal access to infrastructure,
credit, land, technology, and other productive inputs. And the Government will
implement unbiased and facilitative policies that promote competition as it
improves governance and strengthens institutions.
In gearing up for a high sustained growth, the Government will provide effective
and responsive social safety nets to protect and support those who are unable
to immediately participate in this new economic growth process. These social
safety nets will be formulated and implemented to effectively address the issue
of poverty, as well as the devastating effects of climate change.
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Overview of the PPP Program
The Philippine Government recognizes the essential role of the private sector as
the main engine for national growth and development. In line with this, pertinent
incentives will be provided to stimulate private resources for the purpose of financing
the construction, operation and maintenance of infrastructure and development
projects normally undertaken by the Government.
Private sector investors will be selected through open competition under fair and
transparent terms. All interested investors will be given a level playing field with
reasonable returns and appropriate sharing of risks without compromising the
protection of public interests. Through this program, end-users will be provided with
adequate, safe, efficient, reliable, and reasonably-priced infrastructure services.
The projects under the PPP Program were selected based on the following criteria:
1. Project Readiness/Preparation
a. For 2011 Rollout
i. Feasibility Study to be completed within 2010 to 2011,
ii. Completed Feasibility Study being reconfigured for PPP, and
iii. Ready to tender in 2011.
2. Responsiveness to the sector’s needs (e.g., part of the transport network system,
water supply/sewerage, electric power capacity, etc); and
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Overview of the PPP Program
six (6) months. Qualified PPP proposals must complete all necessary documents to
facilitate the approval process.
While the BOT Law allows the government to process unsolicited proposals, solicited
proposals will be actively promoted.
To provide a long-term fund structure to sustain and further promote PPP in the
country, the government together with various Multilateral Organizations (MOs) are
working on establishing the Philippine Infrastructure Development Fund (PIDF).
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PPP Process Flow
START
IAs
/
LGUs
Evalua6on
of
Bids
END
*Please refer to the next page for the timeframe for each activity
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PPP Process Flow
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Institutional Framework
The following government bodies perform crucial roles in the approval, coordination,
monitoring, promotion and marketing of PPP Projects.
A. Approval
LGU projects shall be submitted by the concerned LGU for confirmation, to the
following:
Executive Order (EO) No. 8, issued by the President on September 9, 2010 renamed
the BOT Center as the PPP Center and transferred it (as an attached agency) from
the Department of Trade and Industry (DTI) to NEDA. EO No. 8 specifically provides
that the PPP Center shall cover all PPP Programs and Projects including all variants
or arrangements under the BOT Law and Joint Venture Agreements, among others,
and shall have the following powers and functions:
(a) Conduct project facilitation and assistance to the National IAs, including
GOCCs and LGUs in addressing impediments or bottlenecks
in the implementation of PPP programs and projects;
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Institutional Framework
(e) Monitor and facilitate the implementation of the priority PPP programs
and projects of the IAs/LGUs which shall be formulated by the respective
IAs/LGUs in coordination with the NEDA Secretariat;
(f) Establish and manage a central database system of PPP programs and
projects;
(h) Prepare reports on the implementation of the PPP programs and projects
of the government for submission to the President at the end of
each year; and
(i) Perform such other functions which may be critical in expediting and
implementing effectively the PPP programs and projects of
the Government.
EO No. 8 further provides that the functions of the BOT Center with
respect to promotion and marketing of the BOT/PPP Projects shall be undertaken by
the DTI. An amount of PHP 300 Million was constituted as a working fund for the
conduct of a business case, pre-feasibility study and feasibility studies in a timely
manner, for selected PPP programs and projects. The Project Development Facility
(PDF) funds held by the BOT Center was transferred to the Project Development and
Monitoring Facility of the PPP Center.
1 The ICC consists of the Secretary of Finance, as chairman; the NEDA Director-General, as co-chairman; and the Executive Secretary, the Secretaries of Agriculture, Trade and Industry, Budget
and Management and the Governor of the Central Bank of the Philippines, as members.
2 The Board is composed of the President as chairman, the Secretary of Socio-Economic Planning and NEDA Director-General as vice-chairman, and the following as members: the
Executive Secretary and the Secretaries of Finance, Trade and Industry, Agriculture, Environment and Natural Resources, Public Works and Highways, Budget and Management, Labor
and Employment, and Interior and Local Government.
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Success Stories
The PPP program has helped realize various development projects both at the
national and local levels across various infrastructure sectors.
This section highlights a few of the successful projects that were implemented
through PPPs:
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Sucess Stories: North Luzon Expressway
A. BACKGROUND
B. PROJECT DESCRIPTION
The North Luzon Expressway (NLEX) runs from Balintawak, Quezon City to Sta.
Ines, Pampanga, with a total distance of 84 kilometers. The Expressway has 15
exits and interchanges: Balintawak Toll Plaza, Valenzuela Interchange, Meycauayan
Interchange, Marilao Interchange, Bocaue Toll Plaza, Bocaue Interchange, Tabang
Toll Plaza, Sta. Rita Interchange, Pulilan Interchange, San Simon Interchange, San
Fernando Interchange, Mexico Interchange, Angeles Interchange, Dau Toll Plaza,
and the Dau Interchange (MNTC, 2010).
The Project was undertaken under the Supplemental Toll Operation Agreement
(STOA) among the Republic of Philippines (through the Toll Regulatory Board), the
Philippine National Construction Corporation (PNCC), and the Manila North Tollways
Corporation (MNTC). At the end of the concession period, MNTC will transfer the
Project to the government without cost (Pascual, 2009).
C. TRANSACTION STRUCTURE
The MNTC was granted a concession to rehabilitate, expand, and operate the NLEX
under a public-private partnership (PPP) arrangement.
Proponent
• Manila North Tollways Corporation (MNTC)
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Sucess Stories: North Luzon Expressway
The concession agreement was signed in June 1998 and will expire in December
2030. The NLEX was completed on time and within budget. Operation commenced
in February 2005. MNTC delegated operation of the tollway system to its operator,
Tollways Management Corporation.
• MNTC will assume the financing risk, i.e., finance the project without
government financial guarantee.
• MNTC will build the tollway and take full construction risk.
• MNTC will assume operation and maintenance risk, i.e., operate and
maintain the tollway for 30 years in accordance with government
standards with no government funding support.
• Government will not take on market risk, i.e., government will not bail
out MNTC if revenues are not sufficient.
Of the US$ 384 million total project cost, debt amounted to US$ 252.2 million. Debt
finance was raised on a limited recourse basis from international commercial banks,
multilateral financial institutions, and bilateral agencies during 2000-2001, in the wake
of the Asian financial crisis.
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Sucess Stories: North Luzon Expressway
E. IMPACT
REFERENCES:
•
Manila North Tollways Corporation. The NLEX Map. Retrieved September 2010, from http://www.mntc.com/NLEX/NLEX_map.htm
•
Pascual, S. (2009). Presentation—Case Study: PHI North Luzon Expressway ROT [Powerpoint presentation]. Retrieved September 2010,
from http://www.adbi.org/conf-seminar-papers/2009/02/05/2871.session.11.2.pascual.case.study.north.luzon.expressway/
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Success Stories:
METRO MANILA WATER AND SEWERAGE SYSTEM PRIVATIZATION
A. BACKGROUND
The East Zone covers the cities of Manila (except San Andres), Pasay, Paranaque,
Caloocan, Muntinlupa, Las Piñas and Valenzuela, parts of Makati and Quezon City,
including the municipalities of Navotas and Malabon. The West Zone, on the other
hand, includes Mandaluyong, Marikina, Pasig, Pateros, San Juan, Taguig, Makati and
parts of Quezon City and Manila. It also services Antipolo City and the Rizal towns of
Angono, Baras, Binangonan, Cainta, Cardona, Jala-jala, Morong, Pililia, Rodriguez,
Tanay, Taytay and San Mateo.
B. TRANSACTION STRUCTURE
The partnership is 25-year concession agreement with Maynilad Water Services Inc.
(MWSI) for the West Zone and the Manila Water Company, Inc. (MWCI) for the East
Zone. The agreement involves the concessionaire’s sole right to manage, operate,
repair, decommission, and refurbish the facilities in the service areas, including the
right to bill and collect for water and sewerage services provided in the service
areas. However, asset ownership remains with the MWSS. Concession procured/
constructed facilities shall likewise be turned-over to the MWSS at the end of the
concession period.
C. BIDDING
The pre-qualification of bidders was held in October 1996. After conducting the
evaluation of the technical and financial proposals submitted by the bidders, the East
Zone Area was awarded to the MWCI, while the West Zone Area was also awarded
to MWSI. (MWSS, 2004)
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Success Stories:
METRO MANILA WATER AND SEWERAGE SYSTEM PRIVATIZATION
D. IMPACT
E. STATUS
The project is fully operational. Works are ongoing in the identified expansion areas.
REFERENCE:
•
Metropolitan Waterworks and Sewage System (2004). Frequently Asked Questions. Retrieved September 2010,
from http://www.mwssro.org.ph/faq.htm
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Success Stories:
CIVIL REGISTRY SYSTEM INFORMATION TECHNOLOGY (CRS-IT)
A. BACKGROUND
B. TRANSACTION STRUCTURE
C. BIDDING
Eight companies pre-qualified for the project. After a thorough technical and financial
evaluation, Unisys Australia, Limited was declared the winning bidder.
Proponent
• Unisys Australia, Limited
− One of the largest worldwide information technology companies that
designs, builds, and manages mission-critical environments for
businesses and governments.
D. IMPACT
• Enhanced public service delivery through expeditious processing of
requests, shorter lines at the application and payment counters, and
improved facilities for the convenience of the public
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Success Stories:
MANDALUYONG CITY “MARKETPLACE”
A. BACKGROUND
Floor Features
Ground : Public market and street-front commercial spaces for banks,
grocery, pawnshop and service shops
1st and 2nd : Commercial shops and department stores such as eateries
and dry goods sections
B. TRANSACTION STRUCTURE
Proponents:
• Market Realty Development and Credit Funders Corporation &
Ironcon Builders
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Success Stories: MANDALUYONG CITY “MARKETPLACE”
Macro Founders and Developers, Inc. (MFD) was granted the two (2) BOT
contracts which involve the following:
The public market was turned over to the city government for free in September
1993. The rest of the complex is being operated and managed by MFD under
a 40-year concession until it has recovered its investments and realize a
reasonable return in investments.
C. IMPACT
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PROJECT PROFILES
FOR 2011 ROLLOUT
DESCRIPTION
L = 27.5 km
No. of Lanes = 6 lanes
• Detailed Feasibility Study will start in December 2010 and will be completed in August 2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
NAIA Expressway,
Phase 2
The project will link Skyway and Manila-Cavite Coastal
Expressway. It will provide vital access to NAIA Terminals
1, 2, and 3. Economic zones in Cavite Province will benefit
through easier and faster transportation of products to
NAIA as well as to Manila Port through this link and the
NLEX-SLEX Link Expressway.
L = 4.9 km
No. of Lanes = 4 lanes
MODE IMPLEMENTATION SCHEDULE
PPP November 2011 to September 2015
PROJECT COST SPONSORING AGENCY
PhP10, 590Million DPWH
(US$ 235.33 Million)
PROJECT STATUS
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
• Pre-FS on Manila LRT Line 2 Extension Project by JETRO completed in March 2010
• FS thru JICA technical assistance to reconfigure the project into PPP to commence in January 2011. FS will
validate extension options, scope of work and project costs
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Due diligence review, contract packaging, preparation of bid documents of projects for PPP to be undertaken
by Systra, consultant for MRT 3
• Bidding for Interim O&M provider for LRT Line 1 by 2nd Quarter of 2011 with contract award by 4th Quarter of
2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Due diligence review, contract packaging, preparation of bid documents of projects for PPP to be undertaken
by Systra, consultant for MRT 3
• Bidding for Interim O&M provider for MRT Line 3 by 2nd Quarter of 2011 with contract award by 4th Quarter of
2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
• Due diligence review, contract packaging, preparation of bid documents of projects for PPP to be undertaken
by Systra, consultant for MRT 3
• Bidding for Interim O&M provider for MRT Line 3 by 2nd Quarter of 2011 with contract award by 4th Quarter of
2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Updating of FS to reconfigure the project into PPP and validate project scope, costs and structure
• PPP bid by 2nd quarter of 2011 with contract award by 4th Quarter 2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Updating of FS to reconfigure the project into PPP and validate project scope, costs and structure
• PPP bid by 2nd quarter of 2011 with contract award by 4th Quarter 2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Updating of FS to reconfigure the project into PPP and validate project scope, costs and structure.
• PPP bid by 1st quarter of 2011 with contract award by 4th Quarter 2011
CONTACT INFORMATION
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List of PUBLIC-PRIVATE PARTERNSHIP PROJECTS: For 2011 Rollout
DESCRIPTION
• Preparation of business case and tender documents for the privatization of the airport operation under
consideration for USTDA assistance
• PPP bid by 2nd Quarter of 2011 with contract award by 4th Quarter 2012
CONTACT INFORMATION
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PROJECTS FOR THE
MEDIUM-TERM ROLLOUT
AND OTHER PPP PROJECTS
DESCRIPTION
BATANES
ILOCOS
NORTE
APAYAO
CAGAYAN
REGION II
REGION I
ABRA
KALINGA
CAR
ILOCOS
SUR MT. PROVINCE
ISABELA
IFUGAO
LA UNION
BENGUET NUEVA
VIZCAYA
QUIRINO
PANGASINAN
AURORA
NUEVA
ECIJA
TARLAC
ZAMBALES
PAMPANGA
BALOG-BALOG MARINDUQUE
ALBAY
MULTIPURPOSE
PROJECT – STAGE II
OCCIDENTAL
MINDORO
ORIENTAL
MINDORO
SORSOGON
EASTERN
SAMAR
REGION 4 SAMAR
AKLAN
CAPIZ
of hydro-electric power. It envisions the construction of
113.5-meter high rockfill dam across Bulsa River.
LEYTE
ANTIQUE
ILOILO
GUIMARAS
CEBU
REGION VI SOUTHERN
LEYTE
NEGROS BOHOL
OCCIDENTAL
SURIGAO
NEGROS DEL NORTE REGION XIII
PALAWAN ORIENTAL REGION VII (CARAGA)
SIQUIJOR CAMIGUIN AGUSAN
DEL NORTE
REGION X MISAMIS
SURIGAO
DEL SUR
ORIENTAL
MISAMIS
OCCIDENTAL
AGUSAN DEL SUR
BUKIDNON
ZAMBOANGA LANAO
REGION IX DEL NORTE
ZAMBOANGA
DEL NORTE DAVAO
DEL SUR LANAO DEL SUR
COMPOSTELA
VALLEY
NORTH COTABATO
REGION XII DAVAO
ORIENTAL
MAGUINDANAO
BASILAN SULTAN
KUDARAT DAVAO
DEL SUR
SOUTH COTABATO
SULU
SARANGANI
ARMM
TAWI-TAWI
REGION XI
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
DESCRIPTION
BATANES
ILOCOS
NORTE
APAYAO
CAGAYAN
REGION II
REGION I
ABRA
KALINGA
CAR
ILOCOS
SUR MT. PROVINCE
ISABELA
IFUGAO
LA UNION
BENGUET NUEVA
VIZCAYA
QUIRINO
PANGASINAN
AURORA
NUEVA
ECIJA
TARLAC
ZAMBALES
PAMPANGA
METRO
MANILA µ RIZAL
The project will provide irrigation water to 12,000 hectares
REGION V
NCR CAVITE
LAGUNA
QUEZON
CAMARINES
NORTE of new irrigation area supplemental water to 22,340
hectares under the (5) existing irrigation system for a total
BATANGAS
CATANDUANES
CAMARINES
SUR
BALOG-BALOG MARINDUQUE
MULTIPURPOSE OCCIDENTAL
MINDORO
ORIENTAL
MINDORO
SORSOGON
PROJECT – STAGE II
Tarlac Province
ROMBLON
MASBATE
NORTHERN SAMAR
EASTERN
REGION VIII hydro-electric power together with domestic water supply
for the locality. It envisions the construction of 106-meter
SAMAR
REGION 4 SAMAR
AKLAN
CAPIZ
ANTIQUE
ILOILO
LEYTE
SOUTHERN
three catchdams including highline canal that would
connect these dams to the existing irrigation systems.
LEYTE
NEGROS BOHOL
OCCIDENTAL
SURIGAO
NEGROS DEL NORTE REGION XIII
PALAWAN ORIENTAL REGION VII (CARAGA)
SIQUIJOR CAMIGUIN AGUSAN
DEL NORTE
REGION X MISAMIS
SURIGAO
DEL SUR
ORIENTAL
MISAMIS
OCCIDENTAL
AGUSAN DEL SUR
BUKIDNON
ZAMBOANGA LANAO
REGION IX DEL NORTE
ZAMBOANGA
DEL NORTE DAVAO
DEL SUR LANAO DEL SUR
COMPOSTELA
VALLEY
NORTH COTABATO
REGION XII DAVAO
ORIENTAL
MAGUINDANAO
BASILAN SULTAN
KUDARAT DAVAO
DEL SUR
SOUTH COTABATO
SULU
SARANGANI
ARMM
TAWI-TAWI
REGION XI
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
DESCRIPTION
BATANES
ILOCOS
NORTE
APAYAO
CAGAYAN
REGION II
REGION I
ABRA
KALINGA
CAR
ILOCOS
SUR MT. PROVINCE TUMAUINI RIVER
MULTIPURPOSE
ISABELA
IFUGAO
LA UNION
BENGUET NUEVA
VIZCAYA
QUIRINO
PROJECT
PANGASINAN
Isabela
AURORA
NUEVA
PAMPANGA
BULACAN
ALBAY
AKLAN
CAPIZ
ANTIQUE LEYTE
GUIMARAS
CEBU
REGION VI
NEGROS
OCCIDENTAL
BOHOL
SOUTHERN
LEYTE dam across the Tumauini River to impound the river run-
off and then release the water through the outlet works for
SURIGAO
NEGROS DEL NORTE REGION XIII
PALAWAN ORIENTAL REGION VII (CARAGA)
SIQUIJOR CAMIGUIN AGUSAN
ZAMBOANGA BUKIDNON
LANAO
REGION IX DEL NORTE
ZAMBOANGA DEL NORTE DAVAO
DEL SUR LANAO DEL SUR
COMPOSTELA
VALLEY
NORTH COTABATO
REGION XII DAVAO
ORIENTAL
MAGUINDANAO
BASILAN SULTAN
KUDARAT DAVAO
DEL SUR
SOUTH COTABATO
SULU
SARANGANI
ARMM
TAWI-TAWI
REGION XI
MODE IMPLEMENTATION SCHEDULE
PPP 2012 - 2018
PROJECT COST SPONSORING AGENCY
TBD National Irrigation Administration (NIA)
PROJECT STATUS
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
DESCRIPTION
BATANES
ILOCOS
NORTE
APAYAO
CAGAYAN
REGION II
REGION I
ABRA
KALINGA
CAR
MATUNO RIVER
ILOCOS
SUR MT. PROVINCE
PAMPANGA
METRO
MANILA µ RIZAL
Bagabag, Bambang, Bayombong, Solano and Villaverde.
REGION V
NCR CAVITE
LAGUNA
QUEZON
CAMARINES
NORTE Stage I of the proposed multi-purpose project aims to
promote agricultural development of an area of about
BATANGAS
CATANDUANES
CAMARINES
SUR
MARINDUQUE
ROMBLON
MASBATE
NORTHERN SAMAR
EASTERN
REGION VIII diversion dams across the Magat, Matuno and Lanog
Rivers that could provide irrigation water to the service
SAMAR
REGION 4 SAMAR
AKLAN
CAPIZ
ANTIQUE
ILOILO
LEYTE
REGION VI SOUTHERN
BASILAN SULTAN
KUDARAT DAVAO
DEL SUR
SULU
SARANGANI
ARMM
TAWI-TAWI
REGION XI
MODE IMPLEMENTATION SCHEDULE
PPP 2012 - 2022
PROJECT COST SPONSORING AGENCY
TBD National Irrigation Administration (NIA)
PROJECT STATUS
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
ILOCOS NORTE
IRRIGATION
DESCRIPTION
PROJECT STAGE II BATANES
PALSIGUAN
IRRIGATION
PROJECT
Ilocos Norte and
ILOCOS
Abra REGION II
CAGAYAN
ABRA
REGION I
meter high fill type dam across the Palsiguan River in the
KALINGA
CAR
ILOCOS
SUR MT. PROVINCE
province of Abra.
ISABELA
IFUGAO
LA UNION
BENGUET NUEVA
VIZCAYA
QUIRINO
PANGASINAN
AURORA
PAMPANGA
METRO
MANILA µ RIZAL
underground power plant that would generate 36
REGION V
NCR CAVITE
LAGUNA
QUEZON
CAMARINES
NORTE
MW in Nueva Era, Ilocos Norte would be constructed.
Water releases from the turbines would be conveyed
BATANGAS
CATANDUANES
CAMARINES
SUR
MARINDUQUE
ROMBLON
MASBATE
NORTHERN SAMAR
EASTERN
REGION VIII concrete gravity afterbay dam for irrigation of 12,400 ha,
supplemental irrigation of Stage I area, and generation of
SAMAR
REGION 4 SAMAR
AKLAN
CAPIZ
ANTIQUE
ILOILO
LEYTE
6.8 MW of power.
GUIMARAS
CEBU
REGION VI SOUTHERN
BASILAN SULTAN
KUDARAT DAVAO
DEL SUR
SOUTH COTABATO
SULU
SARANGANI
ARMM
TAWI-TAWI
REGION XI
PROJECT STATUS
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
In a project concept stage; preparation of Feasibility Study is ongoing; farm testing is ongoing, as well
CONTACT INFORMATION
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List of PPP PROJECTS:
For Medium-term Rollout and Other PPP Projects
DESCRIPTION
Project concept has been drafted; Technical inputs from DA-Rice Program and PhilRice have been integrated; Validation
of target areas will be underway once budget for conduct of feasibility study will be ready
CONTACT INFORMATION
42
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
Project concept has been drafted; Technical inputs from DA-RFU IV-A and DA-PDS have been integrated; Validation of
target areas will be underway once budget for conduct of feasibility study will be ready
CONTACT INFORMATION
43
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After the EETS’ set-up in June 2009, the necessary support systems, both soft-and-hardware have been developed. In
the same manner, corn buyers have direct access to available supply and price information on corn deposits of participat-
ing corn sellers and eventually fill their requirements. NFA’s buying price is P12.30/kg for Class A and P10/kg for Class B
yellow corn grains.
CONTACT INFORMATION
44
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CONTRACT FARMING
DESCRIPTION
On packaging stage
CONTACT INFORMATION
45
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DESCRIPTION
QU
EZ
ON
MODE IMPLEMENTATION SCHEDULE
PPP 2011 - 2015
PROJECT COST SPONSORING AGENCY
PHP 15 Million Department of Agriculture- Region IV-A
(US$ 0.33 Million)
PROJECT STATUS
There are already existing longganisang Lucban manufactures associations. Longganisa is the OTOP of Lucban,
Quezon.
CONTACT INFORMATION
46
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AQUACULTURE/MARICULTURE PROJECT
POLILLO
DESCRIPTION
ISLAND
PEREZ
Mariculture park is an area in the sea covering 500
TAGKAWAYAN
hectares or more. It has communal storm-resistant
mooring system and boundary markers. It is subdivided
into individual “farm plots” for fish cage operations,
seaweed farming and other marine aquaculture activities.
The operator of investor will choose an aquaculture
project. Proposed areas are Tagkawayan, Padre Burgos,
Perez and Polillo Island.
QU
EZ
PADRE
BURGOS
ON
There are already two (2) declared mariculture sites in the province: Tagkawayan and Padre Burgos. The areas are now
open for investors.
CONTACT INFORMATION
47
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DESCRIPTION
B AT ANE S
ILO CO S
NO R TE
A PA YAO
CAG AY AN
RE GI ON I I
AB RA
REG I ON I K AL IN GA
C AR
IL OC OS
SUR MT. P RO VINC E
IS AB ELA
IF UG AO
LA U NION
BE NG UET N UE VA
V IZ CAY A
QU IR INO
P ANG AS INAN
NU EV A AU RO R A
TAR LA C E CIJA
P AMP ANG A
BU LA CAN
REG I ON I II BA TAA N
NC R
ME TR O µ
MA NILA
C AV IT E
RIZAL
R EGI O N V hectares of new rice areas and supplemental water to
11,000 hectares under the existing irrigation system (in
C A MA R I N E S
LA GU NA
N ORT E
Q UE ZON
BA TA NG AS CA TA ND UAN ES
C AMA RINE S
R OMB LO N NO RT HE RN S AMA R
G UIMA RA S
SOU TH ER N
R EGI O N VI LEY TE
N EG RO S
Maganoy River.
MIS AMIS
OC CIDE NTA L
A GU SAN D EL S UR
BU KID NO N
ZA MBO AN GA L AN AO
MULTIPURPOSE NO RT H CO TA BA TO
C OM PO STE LA
VA LLE Y
R EG IO N X I I
IRRIGATION AND
DA VA O
OR IENT AL
MAG UIND AN AO
POWER PROJECT B AS IL AN
SU LTA N
K UD AR AT DA VA O
S ULU
S AR AN GA NI
ARMM
TA WI-T AWI
REG I ON XI
Feasibility Study done by NIA last April 2007. NIA will be updating the project cost together with the financial analysis
this September 2010. The project may be considered for promotion of peace and order in the area.
CONTACT INFORMATION
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Project concept only; no full-blown project proposal/FS yet (PHILMEC was advised to complete project proposal by
October 2010, for possible submission to NEDA-ICC)
CONTACT INFORMATION
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DESCRIPTION
Project concept only; no full-blown project proposal/FS yet (PHILMEC was advised to complete project proposal by
October 2010, for possible submission to NEDA-ICC)
CONTACT INFORMATION
50
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DESCRIPTION
Production areas:
The Bicol Region, specifically Camarines Sur and Albay, as
well as Quezon and Laguna Trading and other consolida-
tion centers: to be set up near the train stations with the
necessary infrastructure support to facilitate for the efficient
loading of goods
Target markets:
to be transported to trading centers in Alabang, Blumentritt
and Divisoria Markets.
Project concept only; no full-blown project proposal/FS yet (PHILMEC was advised to complete project proposal by
October 2010, for possible submission to NEDA-ICC)
CONTACT INFORMATION
51
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C-5/FTI/SKYWAY CONNECTOR
DESCRIPTION
L = 3.0 km
Total Length = 6.8 km (including ramps)
No. of Lanes = 2 lanes to 4 lanes
• Detailed Design already completed (August 2010) - under review by the Bureau of Design, DPWH
CONTACT INFORMATION
52
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DESCRIPTION
L = 14.3 km.
No. of Lanes = 6 lanes
• Feasibility Study undertaken in 2006 and to be updated in 2011. Expected completion of feasibility study
updating – end of 2011
CONTACT INFORMATION
53
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DESCRIPTION
L = 50.0 km
No. of Lanes = 4 lanes
• Feasibility Study will be undertaken starting January 2011 and to be completed in October 2011
CONTACT INFORMATION
54
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DESCRIPTION
L = 35.7 km
No. of Lanes = 2 lanes
CONTACT INFORMATION
55
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DESCRIPTION
L = 47.8 km
No. of Lanes = 2 lanes
• SLTC to finance, design, construct, operate, and maintain the project and turn it over to the Government after
concession agreement
• Government to issue Supplemental Toll Operation Agreement (STOA) to SLTC to operate the facility as a toll
road by collecting tolls to recover its investment with the agreed rate of return
CONTACT INFORMATION
56
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
L = 15.5 km
No. of Lanes = 4 lanes
CONTACT INFORMATION
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For Medium-term Rollout and Other PPP Projects
R-7 EXPRESSWAY MR
DESCRIPTION
L = 16.1 km
No. of Lanes = 4 lanes
• Conceptual Stage
CONTACT INFORMATION
58
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• Due diligence review, contract packaging, preparation of bid documents of projects for PPP to be undertaken
by Systra, consultant for MRT 3
• Bidding for Common Ticketing System by 1st Quarter of 2011 with contract award by 4th Quarter of 2011
CONTACT INFORMATION
59
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
PROJECT STATUS
• Feasibility study and master plan preparation through KOICA assistance commenced in September 2010 for
completion by August 2011
• Preparation of business case and bid documents for PPP will be undertaken by 4th Quarter of 2011
• PPP bid by 1st Quarter of 2012 with contract award by 4th Quarter 2012
CONTACT INFORMATION
60
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Preparation of scope of work for the airport systems consultant, contractor and interim operator ongoing and rehabilita-
tion/upgrading works targeted for completion by end 2011 with 2 foreign airlines operating at NAIA 3 by mid-2011
CONTACT INFORMATION
61
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
MODE IMPLEMENTATION SCHEDULE
PPP 2012 - 2015
PROJECT COST SPONSORING AGENCY
TBD DOTC/MIAA/CIAC
PROJECT STATUS
• Development of implementation policy framework and strategy for NAIA and DMIA Airports and rail link to pro-
ceed under JICA assistance commencing in November 2010
62
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DESCRIPTION
PROJECT STATUS
• The project is ongoing but the project scope, costs and construction contract under review
• A new project configuration may be proposed with project components that can be implemented through PPP
identified (e.g. O&M, additional rolling stocks, etc). PPP bid to be undertaken in 2012
CONTACT INFORMATION
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PROJECT STATUS
• Study on development of National Motor Vehicle Inspection and Maintenance Program to commence by
4th quarter of 2010. The study aims to :
• Determine the overall feasibility of implementing a sustainable National Motor Vehicle Inspection
and Maintenance Program and prepare a corresponding strategic development plan detailing
the action steps for the viable program design
• Enhance the overall capacity of DOTC and LTO in managing the implementation of the future
National Motor Vehicle Inspection and Maintenance Program and the existing and soon-to-be
completed improved MVIS facilities in the country
• Identify the most suitable private sector participation scheme/contractual arrangement for the
implementation and operation of the project (e.g., Joint Venture, Build-Operate-Transfer, etc.)
• PPP bid to be undertaken in 2012
CONTACT INFORMATION
64
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
MODE IMPLEMENTATION SCHEDULE
PPP 2012 - 2015
PROJECT COST SPONSORING AGENCY
TBD DOTC/CPA
PROJECT STATUS
Feasibility Study will be proposed to JICA for technical assistance. Preparation of business case and PPP arrangement
will be included in the FS scope of work.
CONTACT INFORMATION
65
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
PROJECT STATUS
• Feasibility Study (F/S) and Master Planning completed. Preparation of business case and F/S to reconfigure the
project into PPP. F/S will validate project scope, costs, and structure
CONTACT INFORMATION
66
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For Medium-term Rollout and Other PPP Projects
PROJECT STATUS
More detailed FS is required to determine the priority phase for PPP implementation under proposed PROC technical
assistance. PPP bid to be undertaken in 2012
CONTACT INFORMATION
67
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PROJECT STATUS
Master Plan prepared by the Philippine Coast Guard. Feasibility Study will be undertaken with grant assistance from a
development partner in 2011.
CONTACT INFORMATION
68
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DESCRIPTION
PROJECT STATUS
In December 2008, PNR has started the rehabilitation of the Main Line South from Laguna to Albay. The repair work
covers railway sections, particularly bridges, damaged by typhoons from Barangay San Cristobal in Calamba City in
Laguna to Legazpi City in Albay.
The DOTC will explore possible technical assistance from the Peoples Republic of China (PROC) for the conduct of
the master plan and feasibility study on the priority sections: Caloocan to Alabang, Alabang to Lucena, and Lucena to
Legazpi. This study will also confirm the DOTC plan to upgrade the Bicol Line with standard gauge (1435 mm) rail tracks
for ease in acquiring rolling stocks for PNR.
CONTACT INFORMATION
69
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DESCRIPTION
PROJECT STATUS
• The Department of Education (DepEd) is in the process of studying and packaging projects for PPP
CONTACT INFORMATION
70
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
CONTACT INFORMATION
71
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
CONTACT INFORMATION
72
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
MODE IMPLEMENTATION SCHEDULE
PPP 2011
PROJECT COST SPONSORING AGENCY
PHP 500 Million DOH
(US$ 11 Million)
PROJECT STATUS
Pre-development stage
CONTACT INFORMATION
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
MODE IMPLEMENTATION SCHEDULE
PPP 2011 onwards
PROJECT COST SPONSORING AGENCY
PHP 150 Million Research Institute for Tropical Medicine/DOH/SERVAC
(US$ 3.3 Million)
PROJECT STATUS
• The drafting of the contract between RITM and SERVAC was assisted by DOF-BOT
• The contract was sent back to RITM for revision and other requirements as suggested by HPDPB
CONTACT INFORMATION
74
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DESCRIPTION
• The project has been presented to the Execom of DOH by RITM and has been given the go signal to implement
the project through PPP scheme.
• Terms of reference, feasibility study and other documents are being developed by RITM together with the DOF-
BOT. As soon as the terms of reference are completed, the project will be presented to DOH-EXECOM for
approval for public bidding.
CONTACT INFORMATION
75
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MODE IMPLEMENTATION SCHEDULE
PPP 2011 onwards
PROJECT COST SPONSORING AGENCY
PHP 1,000 Million DOH
(US$ 22 Million)
PROJECT STATUS
Pre-development stage
CONTACT INFORMATION
76
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For Medium-term Rollout and Other PPP Projects
PROJECT STATUS
Ongoing Assessment
CONTACT INFORMATION
77
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Total project cost will depend on the total land area that will
be covered by the PPP. It will also take into consideration
the extent of the commercial operations that will be
established by the interested PPP partner.
MODE IMPLEMENTATION SCHEDULE
PPP 2011
PROJECT COST SPONSORING AGENCY
TBD DOH
PROJECT STATUS
CONTACT INFORMATION
78
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MODE IMPLEMENTATION SCHEDULE
PPP 2011
PROJECT COST SPONSORING AGENCY
PHP 400 million DOH
(US$ 8.8 Million)
PROJECT STATUS
Planning stage
CONTACT INFORMATION
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DESCRIPTION
CONTACT INFORMATION
80
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
CONTACT INFORMATION
81
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
FS to be undertaken by 2011
CONTACT INFORMATION
82
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For Medium-term Rollout and Other PPP Projects
• Detailed feasibility study will start on June 2011 and is projected to be completed on November 2011
CONTACT INFORMATION
83
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• Revised Memorandum of Agreement among the City Government of Iloilo, Provincial Government of Guimaras
and the Philippine Coast Guard are for final signing by the signatories
• Presidential Land Proclamation Application for the project site is now being finalized in the name of the City
Government of Iloilo
CONTACT INFORMATION
84
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Terms of Reference for bid tender documents are being finalized by the City Treasurer’s Office and the City Accountant’s
Office
CONTACT INFORMATION
85
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REC
ESTABLISHMENT OF MINI ICE PLANT, COLD STORAGE AND FACILITIES CEN
DESCRIPTION
CONTACT INFORMATION
86
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For Medium-term Rollout and Other PPP Projects
Terms of Reference for bid tender documents are being finalized by the City Treasurer’s Office and the City Accountant’s
Office
CONTACT INFORMATION
87
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
88
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
89
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
90
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
91
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
92
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
93
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For Medium-term Rollout and Other PPP Projects
Conceptualization stage
CONTACT INFORMATION
94
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For Medium-term Rollout and Other PPP Projects
Development/structuring stage
CONTACT INFORMATION
95
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BPO-ICT BUILDING
DESCRIPTION
CONTACT INFORMATION
96
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For Medium-term Rollout and Other PPP Projects
PROJECT STATUS
Development/structuring stage
CONTACT INFORMATION
97
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For Medium-term Rollout and Other PPP Projects
PROJECT STATUS
CONTACT INFORMATION
98
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
99
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
CONTACT INFORMATION
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For Medium-term Rollout and Other PPP Projects
DESCRIPTION
CONTACT INFORMATION
101
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• Pre-FS available
CONTACT INFORMATION
102
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• Site development plan, perspective, building floor area and lot size allocation estimates are available
CONTACT INFORMATION
103
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
104
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
105
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For Medium-term Rollout and Other PPP Projects
CONTACT INFORMATION
106
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PRIVATE INITIATED PROJECTS
FROM THE ENERGY SECTOR
DESCRIPTION
Project Location : Northern Luzon
CONTACT INFORMATION
108
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List of Private Initiative Projects In The Power Sector: Luzon
DESCRIPTION
Project Location : Northern Luzon
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Luzon
DESCRIPTION
CONTACT INFORMATION
110
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• Wind Energy Service Contract No. 2009-09-004 was awarded on September 14, 2009
CONTACT INFORMATION
111
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List of Private Initiative Projects In The Power Sector: Luzon
DESCRIPTION
Project Location : Northern Luzon
MODE IMPLEMENTATION SCHEDULE
Private Initiated 2013 (Phase 1); TBD (Phase 2)
PROJECT COST (2003 ESTIMATE) SPONSORING AGENCY
PHP 2,205 Million DOE
(US$ 49 Million)
PROJECT STATUS
CONTACT INFORMATION
112
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Southern Luzon
CONTACT INFORMATION
113
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Central Luzon
• Obtained Environmental Compliance Certificate from Subic Bay Metropolitan Authority and Department of
Environmental and Natural Resources
• Grid Impact Studies approved by the National Transmission Corporation in 2007
• Signed Memorandum of Understanding with the National Grid Corporation of the Philippines authorizing the
connection to the 230 kV transmission line
• Renewed Certificate of Registration and Tax Exemption as a Subic Freeport Zone Enterprise
• Registered project with Board of Investments
• Land Lease Agreement with Subic Bay Metropolitan Authority/Department of Environmental and Natural
Resources is under negotiation
• Financing is under negotiation
• Engineering, Procurement and Construction contract is under negotiation
• Advance site preparatory activity (civil works, levelling, etc) to commence on October 2010
CONTACT INFORMATION
114
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Project Location : Southern Luzon
• Signed contract with the Bacnotan Industrial Park Corporation for the purchase of industrial lots
• Grid Impact Study to be conducted by the National Grid Corporation of the Philippines on January 2011
• MOA to be signed with Semirara Mining Corporation for the coal supply
• Electricity Sales Agreement with a cement company is expected to be concluded by end of September
CONTACT INFORMATION
115
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Southern Luzon
CONTACT INFORMATION
116
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Southern Luzon
• Pre-development stage
CONTACT INFORMATION
117
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Project Location : Southern Luzon
CONTACT INFORMATION
118
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List of Private Initiative Projects In The Power Sector: Luzon
DESCRIPTION
Project Location : Central Luzon
Signed Memorandum of Agreement with Concord Pacific Investment Holdings Limited, Inc. for the conduct of the
feasibility study
CONTACT INFORMATION
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Project Location : Southern Luzon
• Obtained Environmental Compliance Certificate from Department of Environment and Natural Resources
• Development Stage
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Southern Luzon
MODE IMPLEMENTATION SCHEDULE
Private Initiated 2016
PROJECT COST (2003 ESTIMATE) SPONSORING AGENCY
PHP 9,000 Million DOE
(US$ 200 Million)
PROJECT STATUS
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Southern Luzon
CONTACT INFORMATION
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Installation of 400 MW additional capacity in the coal
plant in Pagbilao, Quezon.
Project Location : Southern Luzon
• Conducting further studies in view of current events, including the bidding that will be conducted by
the Power Sector Assets and Liabilities Management Corporation for the Independent Power Producer
Administrator of the 700 MW contracted capacity of Pagbilao Power substation and the world-wide
financial crisis
• Ongoing discussion with local government officials of Quezon for possible settlement of real property
tax issue
CONTACT INFORMATION
123
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List of Private Initiative Projects In The Power Sector: Luzon
Project Location : Northern Luzon
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Visayas
Project Location : Western Visayas
• Completed construction of 25.55 kilometers access road and hauling of heavy equipment to the project site
• Mini-Hyrdo Contract was converted to Hydro Service Contract No. 2010-02-086 on February 2, 2010
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Visayas
DESCRIPTION
• Preparing registration with the Board of Investment and Application for Grid Impact Study
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Visayas
DESCRIPTION
Project Location : Eastern Visayas
• Ongoing registration with the Board of Investments and application for Grid Impact Study
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Visayas
DESCRIPTION
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Visayas
DESCRIPTION
Project Location : Eastern Visayas
• With existing Geothermal Service Contracts No. 07 awarded under Presidential Decree No. 1442
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Mindanao Lis
Construction of a 20 MW bunker fired power plant.
Project Location : Northern Mindanao
Currently in the final negotiation phase with the supplier of the equipment as well as with the Engineering, Procurement
and Construction turnkey contractor
CONTACT INFORMATION
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nao List of Private Initiative Projects In The Power Sector: Mindanao
DESCRIPTION
Project Location : Southern Mindanao
• Construction of Phase 1 (100 MW) starts at the end of the first quarter of 2013
• Construction of Phase 2 (100 MW) will start within 18 to 24 months after the commencement of construction of
Phase 1
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Mindanao Lis
TAGOLOAN HYDROPOWER
DESCRIPTION
Project Location : Northern Mindanao
• Awarded with Hydro Service Contract No. 2009-10-006 on October 23, 2009
CONTACT INFORMATION
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nao List of Private Initiative Projects In The Power Sector: Mindanao
Project Location : Northern Mindanao
• Ongoing registration with the Board of Investments and application for Grid Impact Study
CONTACT INFORMATION
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List of Private Initiative Projects In The Power Sector: Mindanao Lis
Project Location : Davao Region
• Preparing requirements for registration with the Board of Investments and application for Grid Impact Study
CONTACT INFORMATION
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nao List of Private Initiative Projects In The Power Sector: Mindanao
Project Location : Northern Mindanao
• Work program approved by the Energy Development Corporation Management in June 2010
• Pre-development stage
CONTACT INFORMATION
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Annexes
OVERVIEW
In the second quarter of 2010, the Philippines posted its 45th consecutive quarter
of positive economic growth since 1999 despite countless endogenous and
domestic shocks including the recent global financial crisis. Supported by a
favorable inflation environment, sound banking sector, strong external payments
position, growth in foreign remittances and healthy domestic consumption, the
macroeconomic environment remained stable through the crisis.
ECONOMIC HIGHLIGHTS
continued to provide support to overall growth Source: National Statistics Coordination Board
while agricultural production contracted due to
El Niño and the lingering effect of the typhoons that hit the country late last year.
On the demand side, investments in fixed capital grew heftily and consumption
remained upbeat providing significant support to GDP growth. The country’s
net exports also substantially improved reflecting the continuing recovery of the
global economy. Separately, Gross Naitonal Product (GNP) grew by 8.2 percent
in the first half due to the sustained strong inflow of remittances from overseas
Filipinos.
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Macroeconomic Updates
Pilipinas (BSP) to maintain policy rates at 4 percent Ave. Headline Ave. Core
8
account of sustained resilience of OF remittances and 2
4
BPO revenues. Meanwhile, Overseas Filipinos’ (OF) 0
the first 8 months of the year, remittances totaled Source: Bangko Sentral ng Pilipinas
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Macroeconomic Updates
In the first 7 months of 2010, foreign direct investments (FDI) posted net inflows of US$954
million. Meanwhile, foreign portfolio investments (FPI) registered a net inflow of US$1.4
billion in the first 9 months of 2010, more than 6 times higher than the same period a year
ago.
Meanwhile, total FDI approved by Board of Investments (BOI), Clark Development Corporation
(CDC), Philippine Economic Zone Authority (PEZA), and Subic Bay Metropolitan Authority
(SBMA) in the first semester of 2010 reached P60.5 billion, 153 percent higher than the
P23.9 billion worth of investments approved in the same period in 2009.
The non-performing loans ratio (NPL) of the Philippine Banking System stood at 4.0
percent in the first quarter of this year, while NPL (inclusive of interbank loans) of
universal and commercial banks (U/KBs) stood at 3.3 percent as of end-August 2010.
Moreover, banks remained capitalized at 18 Capital Adequacy & Asset Quality Ratios (in %) 20
levels above the BSP regulatory requirement 16 16.0 18
16
14
and the Basel International Standard. As 12 14.9 14
12
of end-March 2010, the capital adequacy 10
8
10
ratios within the Philippine banking system 6 4.5
4.0
8
6
stood at 14.9 percent and 16.0 percent on 4
2
4
2
a solo and consolidated basis, respectively. 0 0
2003 2004 2005 2006 2007 2008 2009 3M '10
N P A
(lhs ) N P L (
lhs )
C A R -‐c o ns o lidated
(rhs ) C A R -‐s o lo
(rhs )
Source: Bangko Sentral ng PIlipinas
fiscal deficit of P298.5 billion on lower level National Government Fiscal Position -325
the fiscal and economic stimulus measures NG Balance; in Php bn (lhs) Deficit-to-GDP Ratio in % (rhs)
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Macroeconomic Framework
For the first 7 months of 2010, the NG deficit reached P259.8 billion which is P13.9
billion lower than the P273.7 billion target for the period. Total revenue collections
improved to P894.7 billion, or 6.5 percent
higher than the same period last year. In line 90 National Government Debt-to-GDP (in %)
with the government’s firm commitment to 80
improve tax collection efficiency, Bureau of
70
Internal Revenue (BIR) collections grew by 57.6
60
9.0 percent to P607.3 billion while Bureau of
50
Customs (BOC) collections reached P191.0 2004 2005 2006 2007 2008 2009 2010P
billion up 15.5 percent compared with the same Source: Department of Finance
period last year. Meanwhile, total expenditures
reached P1,154.5 billion or 7.2 percent higher
than the P1,077.3 billion posted in the same period last year. The Government
remains committed to attaining this year’s 3.9 percent deficit-to-GDP target.
Meanwhile, the NG debt-to-GDP ratio stood at 56.5 percent as of the first semester
of 2010 from a peak of 78.2 percent in 2004. Of the total NG outstanding debt, 43.4
percent is foreign while 56.6 percent is domestic. As of June 2010, total debt service
as percent of GDP stood at 0.2 percent, still below the 8.9 percent program for 2010.
In 2010, GDP is expected to exceed the 5.0 to 6.0 percent target while inflation is
expected to fall between the 3.5 to 5.5 percent target range.
The new administration will pursue its overarching objectives of poverty reduction,
increased investments and accelerated growth within the framework of fiscal
sustainability. In line with this, the primary effort will be on increasing tax collections. This
will be done by improving the effectiveness of existing administrative measures such as
Run After the Tax Evaders (RATEs), Run After The Smugglers (RATS) and Revenue Integrity
Protection Service (RIPS). The government also shifted to zero-based budgeting (ZBB)
in preparing the P1.6 trillion 2011 budget to ensure the efficient use of government funds.
The key goal is to maintain a manageable deficit level which will result in continuous
reduction in debt, sustained macroeconomic stability and growth, and at the same time
create fiscal space to allow government to increase capital investments in support of
growth. Finally, recognizing the role of the private sector in national development, the
new administration is committed to fast-tracking the implementation of public-private
partnerships to complement government infrastructure investments and push growth
moving forward.
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Legal Framework
The following provisions of the Constitution set forth the rights and limitations of
parties to a PPP Project.
a. Public Land
b. Private Land
With respect to private lands, Article XII Section 7 of the Constitution provides
that “save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.” Private land means
any land of private ownership. The capacity to acquire private land is made
dependent upon the capacity to acquire or hold lands of the public domain.
Private land may be transferred or conveyed only to individuals or entities
qualified to acquire or hold lands of the public domain. Thus, Filipino citizens
and domestic corporations (at least 60 percent of the outstanding capital
stock entitled to vote of which is held by Philippine nationals) can acquire
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3. Public Utilities
Article XII, Section 11 of the Constitution provides that the grant of a franchise
for the operation of a public utility shall be limited to Philippine citizens or to
corporations at least sixty percent of whose capital is owned by Philippine
citizens. It states:
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the laws of the Philippines at least sixty per centum of whose capital
is owned by such citizens, nor shall such franchise, certificate, or
authorization be exclusive in character for a longer period than fifty
years. Neither shall any franchise or right be granted except under the
condition that it shall be subject to amendment, alteration, or repeal
by the Congress when the common good so requires. The State
shall encourage equity participation in public utilities by the general
public. The participation of foreign investors in the governing body
of any public utility enterprise shall be limited to their proportionate
share in its capital, and all the executive and managing officers of
such corporation or association must be citizens of the Philippines.
(Emphasis supplied.)
The term “public utility” is not defined under the Constitution and even in
current legislation. Instead, the term “public service” which is more often used
interchangeably with the term “public utility” is defined in Section 13(b) of
Commonwealth Act (CA) No. 146, as amended, otherwise known as the Public
Service Act (PSA) as follows:
The term ‘public service’ includes every person that now or hereafter
may own, operate, manage, or control in the Philippines, for hire or
compensation, with general or limited clientele, whether permanent,
occasional or accidental, and done for general business purposes,
any common carrier, railroad, street railway, traction railway, subway
motor vehicle, either for freight or passenger, or both with or without
fixed route and whatever may be its classification, freight or carrier
service of any class, express service, steamboat, or steamship line,
pontines, ferries, and water craft, engaged in the transportation of
passengers or freight or both, shipyard, marine railways, marine
repair shop, [warehouse] wharf or dock, ice plant, ice-refrigeration
plant, canal, irrigation system, gas, electric light, heat and power,
water supply and power, petroleum, sewerage system, wire or
wireless communications systems, wire or wireless broadcasting
stations and other similar public services: x x x
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Article XII Section 10 of the Constitution provides that the Congress shall, upon
recommendation of the economic and planning agency, when the national
interest dictates, reserve to citizens of the Philippines or to corporations or
associations at least sixty per centum of whose capital is owned by such
citizens, or such higher percentage as Congress may prescribe, certain areas
of investments. Thus, when the national interest dictates, certain areas of
investments may be reserved to citizens of the Philippines or to corporations
at least 60 percent of whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe. This provision has been implemented
through various laws prescribing minimum Philippine ownership requirements
for certain industries.
A clear legal framework hastens the project approval process (since the steps to be
followed are clearly specified) and gives comfort to investors that well-structured
project contracts will be respected and honored. Compliance with sound procedures
also ensures a level playing field and makes the implementation process transparent
and legally tenable. In the end, a level playing field and transparency will attract more
investors and protect public/consumer welfare.
The landmark legislation that clearly lays the groundwork for private sector participation
in Philippine infrastructure development is Republic Act No. 7718, otherwise known as
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“It is the declared policy of the State to recognize the indispensable role of the private
sector as the main engine for national growth and development and provide 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. Such incentives, aside from
financial incentives as provided by law, shall include providing a climate of minimum
Government regulations and procedures and specific Government undertakings in
support of the private sector.”
In the BOT contractual arrangement, the project proponent has the following rights:
• To operate the facility over a fixed period, not to exceed 50 years;
• To charge facility users tolls, fee and rentals; and
• To recover construction, operation, and maintenance expenses and earn
reasonable return on investment.
Highlights of RA 7718
• Use of different BOT variants. The Amended BOT Law authorizes the
use of nine specific variants. In addition, other variants can be used provided
approval is secured from the Office of the President. The availability of more
variants provides implementing agencies and proponents with greater flexibility
and wider options in structuring projects to meet different project conditions.
1. Build-Operate-and-Transfer (BOT)
2. Build-and-Transfer (BT)
3. Build-Own-and-Operate (BOO)
4. Build-Lease-and-Transfer (BLT)
5. Build-Transfer-and-Operate (BTO)
6. Contract-Add-and-Operate (CAO)
7. Develop-Operate-and-Transfer (DOT)
8. Rehabilitate-Own-and-Transfer (ROT)
9. Rehabilitate-Own-and-Operate (ROO)
10. Other variations as may be approved by the President of the
Philippines
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C. Investment Laws
Section 133 of the Corporation Code of the Philippines (Batas Pambansa Bilang 68)
provides:
Under Section 3(d) of the Foreign Investments Act of 1991 (Republic Act No. 7042;
hereinafter, the “FIA), the phrase “doing business” includes the following activities:
On the other hand, Rule I, Section 1(f) of the Rules and Regulations Implementing the
FIA provides that the following activities shall not be considered as doing business
in the Philippines:
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The FIA provides for two Foreign Investment Negative Lists (FINL). List A shall
enumerate the areas of activities reserved to Philippine nationals by mandate of
the Constitution and specific laws. List B shall contain the areas of activities and
enterprises regulated pursuant to law. Executive Order No. 858, issued on February
5, 2010, promulgated the eighth FINL.
The required minimum assigned capital is US$ 200,000.00. This amount may
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2. Domestic Subsidiary
The required minimum paid-up capital is US$ 200,000.00. This amount may
be reduced to US$ 100,000.00 if advanced technology as determined by
the Philippine DOST is involved or the business directly employs at least 50
employees. The minimum paid up capital of US$ 200,000.00 does not apply
to an enterprise that exports 60 percent or more of its output or domestic
purchases.
3. Representative Office
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• to render, assist and give technical know-how and training to existing and
future customers of the Company’s products;
• to conduct and make surveys and studies of the market, economic and
financial conditions in the Philippines; and
4. Joint Venture
A foreign corporation may also opt to enter into a JV with a domestic corporation
by forming another domestic corporation. Existing nationality requirements, as
discussed above, with respect to certain industries must still be observed. If
foreign interest exceeds forty percent (40%) of the outstanding capital stock
of the JV corporation, the required minimum paid-up capital is Two Hundred
Thousand US Dollars (US$ 200,000.00). This amount may be reduced to One
Hundred Thousand US Dollars (US$ 100,000.00) if advanced technology as
determined by the Philippine DOST is involved or the business directly employs
at least fifty (50) employees. The minimum paid up capital of US$ 200,000.00
does not apply to enterprises that export sixty percent (60%) or more of its
output or domestic purchases.
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Article X Section 1 of the Constitution provides that the territorial and political
subdivisions of the Republic of the Philippines are the provinces, cities, municipalities,
and barangays. It also provides for autonomous regions in Muslim Mindanao and
the Cordilleras. Section 2 of Article X of the Constitution further provides that the
territorial and political subdivisions shall enjoy local autonomy. This is bolstered by
Section 5 of the same Article which provides that each LGU shall have the power to
create its own sources of revenues and to levy taxes, fees, and charges, subject to
such guidelines and limitations as Congress may provide, consistent with the basic
policy of local autonomy.
Article X Section 3 of the Constitution mandates the enactment of a LGC which shall
provide for a more responsive and accountable local government structure instituted
through a system of decentralization with effective mechanisms of recall, initiative,
and referendum, allocate among the different LGUs their powers, responsibilities,
and resources, and provide for the qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.
Section 302 of the Local Government Code (LGC) provides that LGUs may enter into
contracts with any duly qualified individual contractor for the financing, construction,
operation, and maintenance of any financially viable infrastructure facilities under the
BOT agreement, subject to the provisions of the BOT Law.
It shall be the duty of the LGU concerned to disclose to the public all projects eligible
for financing under Section 302, including official notification of duly registered
contractors and publication in newspapers of general circulation and in conspicuous
and accessible public places. Local projects under the build-operate-and-transfer
agreement shall be confirmed by the local development councils.
The following are the conditions for BOT projects under Section 302 of the LGC:
• The provincial, city or municipal engineer, as the case may be, upon
formal request in writing by the local chief executive, shall prepare the plans
and specifications for the proposed projects, which shall be submitted to the
sanggunian (the local legislative council) for approval.
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conduct of public bidding and award of contracts for local government projects
under this section shall be in accordance with this Code and other applicable
laws, rules and regulations. In the case of a BOT agreement, the contract
shall be awarded to the lowest complying bidder whose offer is deemed most
advantageous to the local government and based on the present value of its
proposed tolls, fees, rentals, and charges over a fixed term for the facility to be
constructed, operated, and maintained according to the prescribed minimum
design and performance standards, plans, and specifications. For this purpose,
the winning contractor shall be automatically granted by the LGU concerned
the franchise to operate and maintain the facility, including the collection of
tolls, fees, rentals, and charges.
• Any contractor who shall undertake the prosecution of any project under
this section shall post the required bonds to protect the interest of the province,
city, or municipality, in such amounts as may be fixed by the sanggunian
concerned and the provincial, city or municipal engineer shall not, as the case
may be, allow any contractor to initiate the prosecution of projects under this
section unless such contractor presents proof or evidence that he has posted
the required bond.
The registration of foreign investments (i.e., those made by non-residents) with the
Bangko Sentral ng Pilipinas (BSP) or with investor’s designated custodian bank on
behalf of the BSP is optional. It is required only if the foreign exchange (FX) needed
to fund the repatriation of capital and the remittance of dividends/profits accruing
thereon will be purchased from Authorized Agent Banks (AABs) and subsidiary/
affiliate forex corporations (AAB-forex corps).
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The World Bank [in Philippines: Meeting Infrastructure Challenges, World Bank
(2005)] has identified the two roles of the Government in the context of PPPs: (1)
to provide the legal and institutional framework, and (2) to identify the appropriate
instruments for public support of infrastructure projects. Among the instruments in
the government’s arsenal are tax breaks and incentives (discussed below), direct and
indirect subsidies, capital contributions, guarantees, and in-kind grants.
Both Republic Act No. 245 (enacted in 1948) and Republic Act No. 4860 (the “Foreign
Borrowings Act), enacted in 1966, and amended several times since, refer to the
authority of the President of the Philippines to incur such guarantees.
Republic Act No. 245 provides that in order to meet public expenditures authorized
by law or to provide for the purchase, redemption, or refunding of any obligations,
either direct or guaranteed, of the Philippine Government, the Secretary of Finance,
with the approval of the President, after consultation with the Monetary Board, is
authorized to borrow from time to time on the credit of the Republic of the Philippines
such sum or sums as in his judgment may be necessary, and to issue therefore
evidences of indebtedness of the Philippine Government. Republic Act No. 245, in
Section 2, goes further and provides that –
• He shall also cause to be paid out of any such money, or from any such
sinking funds the principal amount of any obligations which have matured,
or which have been called for redemption or for which redemption has been
demanded in accordance with terms prescribed by him prior to date of issue
Republic Act No. 245 also appropriated, as a continuing appropriation, out of any
moneys of the National Treasury not otherwise appropriated, such sums as may be
necessary from time to time to carry out the provisions of Section 2.
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Republic Act No. 4860 imposes a ceiling for foreign borrowings and guarantees. A
loan granted under RA No. 8182 (the Official Development Assistance Act of 1996) is
excluded from such ceiling.
Section 4B of Republic Act No. 4860 moreover provides that the President may,
upon recommendation of the Minister of Finance in consultation with the National
Economic Development Authority, agree to a provision in a loan agreement or contract
for the availment or utilization of proceeds of foreign loans or credits of foreign loans
or credits concluded with a foreign government or with an international lending
institution owned by a foreign government, exempting the assets of such foreign
government or lending institution in the Philippines from expropriation, sequestration,
nationalization, seizure, or similar measures. The Philippines has, since then, entered
into bilateral investment treaties containing similar provisions.
Philippine labor law generally covers the employment of individuals who render
services in the Philippines, regardless of the place where the individuals were actually
or first employed. The terms that govern an employment relationship include an
employment contract, any applicable collective bargaining agreement, wage orders
issued by the Department of Labor, and other laws as well as implementing rules
and directives from the Department of Labor. Employees generally are not entitled
to management representation, although the Constitution provides that employees
have a right to participate in policy and decision-making processes affecting their
rights and benefits as may be provided by law.
Employees who have attained regular status, i.e. an employee who has been engaged
to perform activities which are usually necessary or desirable in the usual trade or
business of the employer, or has rendered at least six months of service, are entitled
to security of tenure and cannot be terminated except for just or authorized causes.
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The just causes for dismissal are: serious misconduct or wilful disobedience by the
employee of the lawful orders of his employer or representative in connection with his
work; gross and habitual neglect by the employee of his duties; fraud or wilful breach
by the employee of the trust reposed in him by his employer or duly authorized
representative; commission of a crime or offense by the employee against the
person of his employer or any immediate member of his family or his duly authorized
representative; or other causes analogous to the foregoing. The authorized causes
for dismissal are the installation of labor saving devices, redundancy, retrenchment
to prevent losses, or the closing of operation of the establishment.
The normal consequences of a finding that an employee has been illegally dismissed
are that the employee is entitled to be reinstated to his former position without loss
of seniority rights and to the payment of backwages. However, in case reinstatement
is no longer possible due to strained relations, the Courts may order the payment of
separation benefits in lieu of reinstatement in addition to backwages.
As mandated by law, both the employer and the employee contribute to the
Social Security System (SSS) for the social security benefits of the employees; to
the Philippine Health Insurance Corporation for medical insurance benefits of the
employees in accordance with the National Health Insurance Program; and to the
Home Development and Mutual Fund (HDMF) for certain other employee benefits.
Employers are also required to pay employees an annual 13th Month Pay equivalent
to one (1) month salary.
An enterprise registered with the Board of Investments (‘BOI) may employ foreign
nationals in supervisory, technical or advisory positions for a period not exceeding
five (5) years from its registration, extendible for limited periods at the discretion of
the BOI. When the majority of the capital stock of a registered enterprise is owned by
foreign investors, the positions of president, treasurer, and general manager or their
equivalents may be retained by foreign nationals beyond the five year period.
Foreign nationals under employment contract, their spouses and unmarried children
under twenty-one (21) years of age shall be permitted to enter and reside in the
Philippines during the period of employment of such foreign nationals.
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An alien staying in the Philippines under a 9(g) Visa should likewise register with
the Bureau of Immigration and obtain an ACR or I-card.
H. Environmental Laws
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[Section 3(d), DENR Administrative Order No. 30-03 (June 30, 2003)].
I. Dispute Settlement
Republic Act No. 9285 provides that international commercial arbitration shall be
governed by the Model Law on International Commercial Arbitration adopted by the
United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL
Model Law provides that, among other criteria, an arbitration is international if
the parties to an arbitration agreement have, at the time of the conclusion of that
agreement, their places of business in different States. However, only parties to the
Contract are bound by its arbitration clause, and such clause cannot oust a Philippine
court of jurisdiction in a suit filed by non-parties to the Contract. On the other hand
the Philippines is a party to several bilateral investment treaties (BITs), and such BITs
commonly require each Contracting State to observe all investment obligations it has
assumed with respect to investors from the other Contracting State.
J. Procurement Laws
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Tax Regime and Incentives Framework
The IPP is a listing of specific and generic activities, with either pioneer or
non-pioneer status, that qualify for incentives. It is prepared annually by the
BOI after consultation with other government agencies and the private sector.
Under Executive Order No. 226, a pioneer enterprise is normally given six (6) years
of ITH, while a non-pioneer enterprise is given four (4) years of ITH as tax incentive.
The 2010 IPP covers Infrastructure Projects, specifically transport (air, water, and
mass rail transport), water (water supply and/or distribution), logistics, energy
(power generation projects, projects/activities under the privatization plan of
the Power Sector Assets and Liabilities Management (PSALM) Corporation,
power generation projects located in missionary areas, and rehabilitation of power
plants), waste management facilities, mass housing, physical infrastructure, pipeline
projects for oil and gas, and projects under the Build-Operate-Transfer (BOT) Law.
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Tax Regime and Incentives Framework
(3) Mass Rail Transport. This covers mass rail transport system for
passengers and cargoes in line with the transport development plans
and programs of the Department of Transportation and Communications
(DOTC).
(1) Ports. This covers the development and operation of airports and
seaports. All applications for registration must be endorsed by the CAAP
or the Philippine Ports Authority (PPA), whichever is applicable.
(2) Terminals.
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Tax Regime and Incentives Framework
General requirements:
• The cost of housing units shall not exceed the amount for
socialized and low cost housing as set by the Housing and Urban
Development Coordinating Council (HUDCC)
• All low cost mass housing projects must comply with the
socialized housing requirement by developing an area for socialized housing
equivalent to at least 20 percent of the total subdivision area or total
subdivision project cost for horizontal housing and 20 percent of the
total cost of building construction and site preparation for
vertical housing projects whether within or outside the same city or
municipality. This may be done through any of the following modes: (1)
Development of a new settlement; (2) Slum upgrading or renewal of areas
for priority development either through zonal improvement programs
or slum improvement and resettlement programs; and (3) Joint-venture
projects with either the local government units or any of the housing
agencies.
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Projects that have already been completed and have incurred sales (booked
sales) of housing packages shall, in general, not qualify for registration.
The ITH shall be limited only to the revenue generated from the registered
housing project. There shall be no double availment of similar incentives for
socialized housing projects that avail of incentives under R.A. No. 7279 or
the Urban Development and Housing Act (UDHA). Projects in less-served
areas, as may be determined by the Board, may be entitled to four (4) years
ITH otherwise, three (3) years. In general, projects in NCR may be entitled to
three (3) years.
g. Physical Infrastructure.
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Tax Regime and Incentives Framework
h. Pipeline Projects for Oil and Gas. This covers the establishment
of infrastructure for transport of petroleum products and natural gas,
petrochemical, and similar products. All applications for registration must be
endorsed by the DOE and/or other concerned Competent National Authority.
i. Projects under the BOT Law. Application for registration must include
an endorsement from concerned government agency or corporation or LGU,
a copy of supply contract, and other relevant supporting documents. BOT
projects that cost at least PHP 1.0 billion may be granted pioneer status but
with non-pioneer incentives.
2. Fiscal Incentives. Income Tax Holiday (ITH) of six (6) years from commercial
operation for pioneer enterprises and four (4) years for non-pioneer enterprises.
3. Other Fiscal Incentives. The other fiscal incentives available if the BOT
project is BOI-registered are, as follows:
4. Non-Fiscal Incentives
• Simplification of Customs Procedure;
• Unrestricted Use of Consigned Equipment for an unlimited period
subject to
• posting of re-export bond;
• Employment of Foreign Nationals; and
• Guaranteed repatriation of foreign investments and earnings thereon.
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Tax Regime and Incentives Framework
Under the Renewable Energy Act of 2008, renewable energy developers (RE
Developers) of renewable energy (RE) facilities, including hybrid systems, in proportion
to and to the extent of the renewable energy component, for both power and non-
power applications, are entitled to the following incentives:
5. Corporate Tax Rate — After seven (7) years of ITH, RE Developers shall
pay a corporate tax of 10 percent on its net taxable income.
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Tax Regime and Incentives Framework
entitled to ITH.
7. Zero Percent Value-Added Tax Rate — The sale of fuel or power generated
from renewable sources of energy such as, but not limited to, biomass, solar,
wind, hydropower, geothermal, ocean energy and other emerging energy
sources using technologies such as fuel cells and hydrogen fuels, shall be
subject to zero percent (0%) value-added tax (VAT). This shall also apply to
the process of exploring and developing renewable energy sources up to its
conversion into power, including services performed by subcontractors and/or
contractors. RE Developers shall be entitled to zero-rated VAT on its purchases
of local supply of goods, properties and services needed for the development,
construction and installation of its plant facilities.
10. Tax Credit on Domestic Capital Equipment and Services — A tax credit
equivalent to one hundred percent (100%) of the VAT and custom duties that
would have been paid on the RE machinery, equipment, materials and parts had
these items been imported shall be given to an RE operating contract holder
who purchases machinery, equipment, materials, and parts from a domestic
manufacturer.
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Tax Regime and Incentives Framework
In accordance with the Renewable Energy Act of 2008, the Renewable Energy Sector
is declared a priority investment sector that will regularly form part of the country’s
Investment Priority Plan. All entities duly accredited by the DOE under the said law
shall be entitled to all the incentives provided therein.
Farmers engaged in the plantation of biomass resources, such as, but not limited
to, jatropha, coconut, and sugarcane, shall be entitled to duty-free importation and
be exempted from VAT on all types of agricultural inputs, equipment and machinery
within 10 years from the effectivity of the law.
1. Special Privilege Tax Rates — after the lapse of ITH, all grantees to
develop potential sites for hydroelectric power and to generate, transmit and
sell electric power are taxed at 10 percent of their net taxable income from
the sale of electric power and from transactions incident to the generation,
transmission and sale of electric power.
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Tax Regime and Incentives Framework
by shipping documents in the name of the duly registered developer, and with
prior approval of the Office of Energy Affairs (OEA) was obtained before such
importation was made.
3. Tax Credit on Domestic Capital Equipment — within 7 years from the award
date, a tax credit equivalent to 100 percent of the value of the VAT and customs
duties that would have been paid on the machinery, equipment, materials and
parts had these items been imported shall be given to an awardee-developer
who purchases machinery, equipment, materials and parts from a domestic
manufacturer, provided that such machinery, equipment, materials and parts
are directly needed and will be used exclusively by the awardee-developer and
it is with prior approval by the OEA.
D. The Philippine Clean Water Act of 2004 (Republic Act No. 9275)
The Philippine Clean Water Act provides an incentive scheme to encourage local
government units (LGUs), water districts (WDs), enterprises, or private entities,
and individuals, to develop, undertake, or actively participate the promotion, of an
effective water quality management program.
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Tax Regime and Incentives Framework
2. Tax Credit on Domestic Capital Equipment — within ten (10) years from
the law’s effectivity, enterprises or private entities and individuals shall be
entitled to a tax credit equivalent to 100 percent of the value of the national
internal revenue taxes and customs duties that would have been waived on the
machinery, equipment, and spare parts, had these items been imported.
3. Tax and Duty Exemption of Donations, Legacies and Gifts —legacies, gifts
and donations to LGUs, WDs, enterprises, or private entities and individuals,
intended to the support and maintenance of effective water quality management
program shall be exempt from donor’s tax and shall be deductible from the gross
income of the donor for income tax purposes. Imported articles donated to
LGUs, WDs, local water utilities, enterprises, or private entities and individuals
to be used exclusively for water quality management programs shall also be
exempt from the payment of customs duties and applicable internal revenue
taxes.
E. The Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003)
The Ecological Solid Waste Management Act of 2000 provides for an incentive
scheme intended to encourage LGUs, enterprises, or private entities, including
NGOs, to develop, undertake, or actively participate in any program geared towards
the promotion of an effective solid waste management program. The fiscal incentives
are as follows:
2. Tax Credit on Domestic Capital Equipment — within ten (10) years from the
law’s effectivity, enterprises, private entities, including NGOs shall be entitled to
a tax credit equivalent to 50 percent of the value of the national internal revenue
taxes and customs duties that would have been waived on the machinery,
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Tax Regime and Incentives Framework
3. Tax and Duty Exemption of Donations, Legacies and Gifts — legacies, gifts
and donations to LGUs, enterprises or private entities, including NGOs, for the
support and maintenance of effective solid waste management programs shall
be exempt from all internal revenue taxes and customs duties, and shall be
deductible in full from the gross income of the donor for income tax purposes.
LGUs, enterprises or private entities availing of tax incentives shall also be entitled
to the applicable non-fiscal incentives under the Omnibus Investments Code, as
Amended.
Businesses and industries that are engaged in the recycling of wastes shall also be
provided with incentives which shall include simplified procedures for the importation
of equipment, spare parts, new materials, and supplies, and for the export of
processed products.
The Tourism Act of 2009 provides for fiscal and non-fiscal incentives which may
be given to registered tourism enterprises within Tourism Enterprise Zones (TEZs),
subject to the discretion of the Tourism Infrastructure and Enterprise Zone Authority
(TIEZA), as follows:
Fiscal Incentives
2. Gross Income Taxation - a new enterprise may opt to pay a 5 percent tax
on its gross income In lieu of all other national and local taxes, license fees,
imposts and assessments, except real estate taxes and such fees as may be
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Tax Regime and Incentives Framework
Non-Fiscal Incentives
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Tax Regime and Incentives Framework
contracts, all in the currency in which the investment was originally made and
at the exchange rate prevailing at the time of repatriation or remittance.
5. Lease and Ownership of Land - lands and buildings in each TEZ may be leased
to foreign investors for a period not exceeding 50 years, renewable once for a period
of not more than 25 years. The leasehold right acquired under long-term contracts
may be sold, transferred or assigned, subject to the conditions prescribed in the
Investor’s Lease Act.
Fiscal and other incentives provided to tourism enterprises NOT located within TEZs
are as follows:
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Tax Regime and Incentives Framework
Only hospitals that are organized as non-stock and non-profit corporation enjoy
exemption from income tax [Section 30, National Internal Revenue Code of 1997, as
amended (“Tax Code”)]. On the other hand, proprietary hospitals are subject to the
preferential income tax rate of 10 percent (10%) on their taxable income [Section 27
(B), Tax Code].
Previously, a Medical Tourism Park is entitled only to 4-year ITH [Resolution No.
06-512, or the Guidelines for the Registration of Medical Tourism Special Economic
Zones (Medical Tourism Parks/Centers) and Medical Tourism Locator-Enterprises
under Republic Act No. 7916 or the Special Economic Zone Act of 1995] which is
defined as “an area which has been developed into a complex capable of providing
medical infrastructures and other support facilities, in compliance with DOH and
DOT requirements, such as but not limited to medical accommodations, wellness
centers, spa, health farms, sports and recreational facilities, and rehabilitation facilities
required by Medical Tourism Enterprises, as well as amenities required by foreign
patients including professionals and workers involved in Medical Tourism activities.”
A Medical Tourism Park shall have a minimum lot area of one (1) hectare. For a health
facility to enjoy the preferential tax incentives provided under the PEZA law, it must
primarily be registered with PEZA. In view of the Tourism Act of 2009, we believe that
a medical tourism park will now be entitled to a 6-year ITH.
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Directory of Government Officials
ECONOMIC CLUSTER
Secretary Florencio B. Abad
Department of Budget and Management
General Solano St., Malacañang, Manila, Philippines
Tel. No.: (63 2) 735-4926
Fax No.: (63 2) 735-4936
Email: abad@dbm.gov.ph; abad.dbm@gmail.com
Governor Amando M. Tetangco, Jr.
Bang ko Sentral ng Pilipinas
A. Mabini St. cor. P. Ocampo St., Malate, Manila, Philippines
Tel. No.: (63 2) 523-8809/523-2608
Fax No.: (63 2) 536-0076
Email: atetangco@bsp.gov.ph
Director-General Cayetano W. Paderanga, Jr.
National Economic and Development Authority
12 Jose Maria Blessed Escriva Drive, Ortigas Center, Pasig City, Philippines
Tel. No.: (63 2) 631-3716/631-3747
Fax No.: (63 2) 631-3747
Email: cwpaderanga@neda.gov.ph
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Directory of Government Officials
INFRASTRUCTURE
Department of Tourism
DOT Building, T.M. Kalaw Street, Rizal Park, Manila, Philippines
Tel. No.: (63 2) 524-1751
Fax No.: (63 2) 521-7374
Email: aalim@tourism.gov.ph
Secretary Jose P. de Jesus
Department of Transportation and Communications
The Columbia Tower, Brgy. Wack-Wack, Ortigas Avenue, Pasig City, Philippines
Tel. No.: (63 2) 723-4698/726-7125
Fax No.: (63 2) 726-7229
Email: jpj@dotc.gov.ph
Secretary Rogelio L. Singson
Department of Public Works and Highways
Bonifacio Drive, Port Area, Manila, Philippines
Tel. No.: (63 2) 304-3300
Fax No.: (63 2) 304-3020
Email: singson.rogelio@dpwh.gov.ph
Email: jmrobredo@dilg.gov.ph
Secretary Ramon A. Carandang
Presidential Communications Development and Strategic Planning Office
3/F New Executive Building, Malacañan Palace, Manila City
Tel. No.: (63 2) 736-0719
Fax No.: (63 2) 735-6167
Email: ricky.carandang@pcdspo.gov.ph
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INDEX
OTHERS
Page Agency
Project Sector Location
Number Contact
Agricultural Commodity Exchange System
DA-National
(ACES) / Enhanced Electronic Trading System 44 ICT Nationwide
Food Authority
for Corn
Air Ambulance Project 73 Miscellaneous Nationwide DOH
Aquaculture / Mariculture Project 47 Miscellaneous Luzon DA
Balabac Airport Development 66 Airports Luzon DOTC
Balog-Balog Multipurport Project, Phase II
36 Irrigation Luzon NIA
(BBMP-II)
City
BPO-ICT Building 96 Miscellaneous Luzon Government of
Vigan
C-5/FTI/Skyway Connector 52 Roads Luzon DPWH
C-6 Expressway (Global City Link)- South
54 Roads Luzon DPWH
Section
CALA Expressway- Cavite Side Section (27.5
24 Roads Luzon DOTC
km)
CALA Expressway- Laguna Side Section (14.3
53 Roads Luzon DPWH
km)
Calamba-Los Baños Expressway 57 Roads Luzon DPWH
Central Luzon Expressway (CLEX)-Phase II,
55 Roads Luzon DPWH
Cabanatuan-San Jose
City
Construction and Operation of Ice Plant and Cold
94 Miscellaneous Luzon Government of
Storage Facilities
Legazpi
Construction of Elementary and Secondary
70 Schools Nationwide DEPED
Classrooms
Construction of Hospital Staff Housing Facilities 80 Miscellaneous Nationwide DOH
Construction of Philhealth Main Building 81 Miscellaneous Luzon DOH
DA-National
Contract Farming 45 Agriculture Nationwide
Food Authority
Provincial
Davao del Norte Convention Center and Government of
99 Miscellaneous Mindanao
Commercial Complex Development Davao del
Norte
Provincial
Davao del Norte Integrated Water Resource Government of
101 Water Mindanao
Development Project Davao Del
Norte
Development of National Motor Vehicle
64 ICT Nationwide DOTC
Inspection and Maintenance Program
Development of New Cebu Port 65 Ports Visayas DOTC
Development of the Mindanao Railway System 67 Rail Mindanao DOTC
DOH E-Health Project 71 ICT Nationwide DOH
City
Driftwood Beach Marina and Terminal 106 Miscellaneous Luzon Government of
Olongapo
DA-Philippine
Center for
Establishment of Cold Chain Systems covering Postharvest
47 Miscellaneous Nationwide
Strategic Areas in the Philippines Development
and
Mechanization
DA-Philippine
Center for
Establishment of Grains Central with Bulk Postharvest
50 Miscellaneous Nationwide
Handling Facility Development
and
Mechanization
City
Establishment of Mini Ice Plant, Cold Storage,
86 Agriculture Luzon Government of
and Facilities
Laoag
Establishment of Multi-Specialty Centers in Stem
Cell Research, Neurosciences, and oncology in 79 Medical Visayas, Mindanao DOH
DOH Retained Hospitals
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INDEX
Page Agency
Project Sector Location
Number Contact
Eversley Chiles Sanitarium (Cebu): Open Land
77 Miscellaneous Visayas DOH
Area for Commercial Operations
City
Expansion and Development of East Bajac Bajac
105 Miscellaneous Luzon Government of
Public Market
Olongapo
City
Expansion of Potable Water Supply System 88 Water Luzon Government of
Laoag
City
Guimaras-Iloilo Ferry Terminal Project 84 Miscellaneous Visayas Government of
Iloilo
Provincial
Hometel cum Student Center 93 Miscellaneous Visayas Government of
Iloilo
Ilocos Norte Irrigation Project Stage II (Palsiguan
40 Irrigation Luzon NIA
River Multipurpose Project)
City
Iloilo Downtown Central Business District
85 Miscellaneous Visayas Government of
Revitalization
Iloilo
Provincial
Iloilo Government Center 92 Miscellaneous Visayas Government of
Iloilo
Provincial
Information Technology Park 91 ITC Visayas Government of
Iloilo
DA- Philippine
Agricultural
Development
Integrated Agri-Food Park 43 Agriculture Luzon
and
Commercial
Corporation
Integrated Lucban Longganisa Processing
46 Miscellaneous Luzon DA
Project
Jalaur River Multipurpose Project, Stage II
37 Irrigation Visayas NIA
(JRMP-II)
Kabulnan-2 Multi-Purpose Irrigation and Power
48 Irrigation Mindanao NIA
Project
Kalibo Airport Upgrading 60 Airports Visayas DOTC
Kaliwa Low Dam Project 82 Water Luzon MWSS
City
Legazpi City Information Technology IT Park 95 Miscellaneous Luzon Government of
Legazpi
City
Ligao City Integrated Land Transport Terminal 102 Miscellaneous Luzon Government of
Ligao
City
Ligao City Town Center (Redesigning of Public
103 Miscellaneous Luzon Government of
Market)
Ligao
DA-Philippine
Center for
Logistics Support on the Agri-Fishery Products
Postharvest
Supply Chain (Transportation of Agri-Fishery 51 Miscellaneous Nationwide
Development
Products Utilizing the Southrail Main Line)
and
Mechanization
LRT Line 2 East Extension Project 26 Mass Transit Luzon DOTC
Main Line South Upgrading/Modernization 67 Rail Luzon DOTC
Maritime Aids to Navigation program 68 Miscellaneous Nationwide DOTC
Matuno River Development Project 39 Irrigation Luzon NIA
City
Modernization of Olongapo City's Abbatoir 89 Miscellaneous Luzon Government of
Olongapo
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INDEX
Page Agency
Project Sector Location
Number Contact
MRT/LRT Expansion Program: Common
59 Mass Transit Luzon DOTC
Ticketing System Project
MRT/LRT Expansion Program: LRT 1 South
29 Mass Transit Luzon DOTC
Extension Project
MRT/LRT Expansion Program: Privatization of
27 Mass Transit Luzon DOTC
LRT1 Operation and Maintenance
MRT/LRT Expansion Program: Privatization of
28 Mass Transit Luzon DOTC
MRT3 Operation and Maintenance
NAIA Expressway (Phase II) 25 Roads Luzon DPWH
NAIA Terminal 3 Upgrading and Full
61 Airports Luzon DOTC
Operationalization
New Bohol Airport Development 30 Airports Visayas DOTC
New Legaspi (Daraga) Airport Development 32 Airports Luzon DOTC
City
Olongapo City Centralized Public Transport
90 Miscellaneous Luzon Government of
Terminals
Olongapo
DA- Philippine
Agricultural
Development
Organic Rice Farming Programme 42 Agriculture Nationwide
and
Commercial
Corporation
DA- National
Philippine Dairy Development Project (Philmilk) 41 Agriculture Nationwide
Dairy Authority
Philippine Orthopedic Center as the Premier
Center for Bone Diseases, Trauma,
72 Medical Luzon DOH
Rehabilitation, and Commercial Production of
Lamb Prosthesis
Privatization of Laguindingan Airport Operation
33 Airports Mindanao DOTC
and Maintenance
Privatization of NAIA and DMIA Development 62 Airports Luzon DOTC
Privatization of Northrail Operation and
63 Rail Luzon DOTC
Management
City
Privatization of Tanauan Public Market and
98 Miscellaneous Luzon Government of
Slaughterhouse
Tanuan
Puerto Princesa Airport Development 31 Airports Luzon DOTC
R-7 Expressway 58 Roads Luzon DPWH
Reclamation of Laoag Padsan River- City
Establishment of a Government Center and 87 Miscellaneous Luzon Government of
Expansion of the Central Business District Laoag
City
Reclamation of Navotas Coastal Area 104 Miscellaneous Luzon Government of
Navotas
City
Regional Government Center Project- Phase 1 100 Miscellaneous Mindanao Government of
Pagadian
Research Institute for Tropical Medicine: Local
Production of Equine Rabies Immunoglobulin 74 Medical Nationwide DOH
(ERIG)
Research Institute for Tropical Medicine:
Localization of Pentavalent Vaccine (DPT, 75 Medical Nationwide DOH
HEPAB, and HIB)
San Lazaro Hospital as the Premier Research
76 Medical Luzon DOH
Center for Infectious Diseases
SLEX Extension (to Lucena City), 2-Lane 56 Roads Luzon DPWH
City
Taal Lake Fish Port and Processing Complex 97 Miscellaneous Luzon Government of
Tanuan
City
Tinuy-An Fall Eco-Tourism Development 83 Miscellaneous Mindanao Government of
Bislig
Tumauini River Multipurpose Project 38 Irrigation Luzon NIA
Western Visayas Sanitarium (Iloilo): Open Land
78 Miscellaneous Visayas DOH
for Commercial Operationjs
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