NextGen Day

The Duterte government wants to change the build-operate-transfer (BOT) law’s implementing rules and regulations (IRR).

President Rodrigo R. Duterte named Socioeconomic Planning Secretary Karl Kendrick Chua as the chairman of the BOT IRR Committee to pursue the revisions to the BOT IRR.

The National Economic and Development Authority (NEDA), the Departments of Finance, Agriculture, Energy, Environment and Natural Resources, Information and Communications, Interior and Local Government, Public Works and Highways, Trade and Industry, and Transportation, as well as the Public-Private Partnership (PPP) Center, are all members of this committee.

The amendments are intended to facilitate the development of well-structured PPPs that provide high-quality services to the public, protect the public from excessive payments and undue guarantees resulting from PPP projects, and promote the interests of Filipinos, who ultimately pay for the costs and returns of private PPP proponents.

“Public-private partnerships have the potential to help boost the economy, restore jobs, and meet the urgent, current, and future needs of our people.” However, it is the government’s responsibility to guarantee that private sector goals are aligned with public interests, with the overall purpose of providing the finest services to the people, on behalf of the Filipino people,” Chua stated.

PPPs with unnecessary guarantees, contingent liabilities, and other onerous contract clauses, according to Chua, eat up the government’s already limited fiscal space and stymie progress.

These use resources that may be utilized to construct other infrastructure or give social services to the population.

“Because PPPs are funded by the public, the IRR should enable the delivery of high-quality infrastructure and services in a timely and cost-effective way,” said Ferdinand Pecson, executive director of the PPP Center.

Carlos Dominguez, Finance Secretary and Chair of the Investment Coordination Committee, underlined the importance of transparent and timely processes in analyzing PPPs in order to determine their true cost to the government, consumers, and taxpayers.

He also emphasized the necessity of encouraging competition, eliminating conflicts of interest, and ensuring that PPP contract parties are capable of meeting their obligations and running their facilities efficiently for the public good.

The inaugural meeting of the BOT IRR Committee was conducted on October 26, 2021, and stakeholder discussions with the public, investors, civic society, and other partners will commence in December 2021.

By the first quarter of 2022, the BOT IRR Committee hopes to have approved and published the revised BOT IRR.

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