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PPP Act aims to promote public-private partnerships.

Ma. Cynthia Hernandez, executive director of the Public-Private Partnership (PPP) Center, stated that the government wants to pass a PPP Law to improve the existing Build-Operate-Transfer (BOT) Law and promote PPP projects throughout the nation.

Hernandez stated that the organization is collaborating with the legislative office to draft the bill to address uncertainties in the BOT Law and difficulties in the PPP Program at the infrastructure forum organized by the Economic Journalists Association of the Philippines (EJAP) and co-presented by Metro Pacific Investments Corp. and PLDT, Inc. on Monday at the Philippine International Convention Center.

Although the government has recently amended the implementing rules and regulations (IRR) for the BOT Law, according to Hernandez, some legal ambiguities cannot be clarified by IRR changes.

She suggested removing the PHP300 million cap on PPP projects that the Investment Coordination Committee must approve of the National Economic and Development Authority (NEDA-ICC).

“I prefer to put the cap in the IRR rather than the statute since it is simpler to alter. As we have seen, if a rate complies with the law, we cannot change it,” she continued.

Hernandez also advocates raising the ceiling for projects needing NEDA-ICC review because those projects that cost PHP300 million are “no longer major projects anymore” due to pricing changes.

According to her, this also restricts the scope of projects that government agencies can take on.

We want a law that permits PPPs in the nation, she continued.

Add LGUs to PPPs

Hernandez urged the business sector to include local government units (LGUs) in PPP projects.

A PPP Law, according to her, will make it clearer how LGUs carry out PPP initiatives.

“There have been a lot of appetites (from the LGUs). According to Hernandez, “We have discussions with LGUs on PPP, and they indicate they want to execute PPPs. Most of these projects that LGUs are interested in entering under PPP are in the water and transportation sectors.

The government has so far awarded 199 PPP projects totaling PHP2.32 trillion, 88 of which are national and 111 at local levels.

In addition, 74 PPP projects worth PHP2.258 trillion are in the works.

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