NO

ASPECTS

DESCRIPTION

19.

Land Acquisition

Pursuant to Section 1 of R.A. No. 8974, the State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation.

Section 3 of the same Act also provides that the government may acquire real property needed as right-of-way, site or location for any national government infrastructure project through donation, negotiated sale, expropriation or any other mode of acquisition as provided by law.

Section 9 provides that the government through the National Housing Authority, in coordination with the LGUs and implementing agencies concerned, shall establish and develop squatter relocation sites, including the provision of adequate utilities and services, in anticipation of squatters that have to be removed from the right-of-way or site of future infrastructure projects. Whenever applicable, the concerned LGUs shall provide and administer the relocation sites.

R.A. 8975 was enacted to ensure the expeditious implementation and completion of government infrastructure projects by prohibiting lower courts from issuing temporary restraining orders, preliminary injunctions or preliminary mandatory injunctions and providing penalties for violations thereof.

Section 1 of said law also declare as its policy that under Article XII, Section 6 of the Constitution, the use of property bears a social function, and all economic agents shall contribute to the common good. Towards this end, the State shall ensure the expeditious and efficient implementation and completion of government infrastructure projects to avoid unnecessary increase in construction, maintenance and/or repair costs and to immediately enjoy the social and economic benefits therefrom.

20.

Foreign ownership shares

Pursuant to Section 5.1 of the Revised IRR of R.A. 7718, any individual, partnership, corporation or firm, whether local or foreign, including consortia of local, foreign or local and foreign firms, subject to the limits herein set, may participate or apply for pre- or simultaneous qualification for projects covered under the provisions of the Act and its Revised IRR.

Section 5.4 of the Revised IRR of R.A. 7718 also states that:

(i) For projects to be implemented under a contractual arrangement which requires a public utility3 Franchise for its operation, and where the project proponent and Facility Operator are one and the same entity, the prospective Project Proponent must be Filipinos or, if corporations, must be duly registered with the Securities and Exchange Commission (SEC) and owned up to at least sixty percent (60%) by Filipinos, or, if a consortium of local, foreign, or local and foreign firms, Filipinos must have at least sixty percent (60%) interest in said consortium.

(ii) For projects to be implemented through a contractual arrangement requiring a public utility Franchise for its operation but where the Project Proponent and Facility Operator may be a two separate and independent entities, the Facility Operator must be a Filipino or, if a Corporation, must be duly registered with the SEC and owned up to at least sixty percent (60%) by Filipinos.

(iii) For projects that do not require a public utility Franchise for its operation, the prospective Project Proponent or the Facility Operator may be Filipino or foreign-owned.

21.

Nature/ Scope of PPP Capacity Building Interventions/ Programs

The PPP Center's Capacity Building Program is a comprehensive training service made available to national government agencies and local government units aimed at building, enhancing, and sustaining their institutional capabilities in all aspects of PPP project development and implementation. The program covers the whole PPP project cycle which includes: project inception, planning and identification, project structuring, review and appraisal, approvals and procurement, project implementation and management, and monitoring and evaluation.

The following are the various modules in the Center's Capacity Building

Program: Module 1: Understanding PPP for Infrastructure and

Development Projects Module 2: PPP Project Development

Module 3: Contract Drafting

Module 4: Project Approvals

Module 5: PPP Procurement

Module 6: Contract

Negotiation

Module 7: Managing the PPP Agreement

The PPP Center has also developed manuals for both local government agencies and national line agencies to guide them in undertaking PPPs.

The PPP Center recently implemented its LGU Capacity Building Strategy that will engage the local governments to develop and manage their own PPP projects. The objective is to identify institutional mechanisms and processes that would eventually respond to the local governments' need for assistance on PPP and, in turn, will build a portfolio of LGU PPP projects.

The LGU Strategy is composed of three strategic components that differ according to projected timelines. Intended for immediate commencement is the LGU Staff Internship Program. Secondly, Partnerships with Local Capacity Building Institutions are intended for execution within the next year. Lastly, the Project Development Facility for LGU PPP Projects is seen to mobilize within the next two to five years.

Enhancing the competencies of the Center's technical staff, as well as of other relevant agencies, is another important facet of the PPP capacity building program. Among the initiatives implemented for this component include the Knowledge Sharing Sessions (KSS) and Learning Sessions.