RA 11966: Public-Private Partnership (PPP) Code of the Philippines

Section 24. PPP Center. - To achieve the goals of this Code, the PPP Center created under Executive Order No. 8, series of 2010, as amended by Executive Order No. 136, series of 2013, and further amended by Executive Order No. 30, series of 2023, is hereby authorized to adopt its current organizational structure, absorb its existing employees, and upgrade its human resource component, as may be necessary, subject to applicable laws, rules, and regulations.

  1. Powers and Functions - In order to work towards a more efficient and effective performance of its mandate, the PPP Center shall have the following powers and functions:

    1. Assist Implementing Agencies in identifying, prioritizing, developing, and maintaining a pipeline of PPP Projects;

    2. Provide project advisory services and technical assistance to Implementing Agencies, Approving Bodies, and other oversight agencies in all PPP-related matters, and act as a procurement agent upon the request of the Implementing Agencies. Approving Bodies, and other oversight agencies in all PPP-related matters, and act as a procurement agent upon the request of the Implementing Agency;

    3. Facilitate the appraisal and approval of PPP Projects by the NEDA Board and the NEDA Board - ICC;

    4. Review PPP contracts pursuant to Section 8(a) of this Code;

    5. Require the submission of PPP Project documents including executed PPP contracts, and any subsequent amendment or supplement thereto, including settlement agreements, entered into by Implementing Agencies, notwithstanding the confidentiality clauses that are stipulated therein;

    6. Provide regular monitoring and status reports on the implementation of the PPP Program and all PPP Projects entered into by Implementing Agencies, including potential public interest concerns and violations of the PPP Code, to the Office of the President, the Congress of the Philippines, and relevant oversight committees and agencies, and publish the same in the official website of the PPP Center unless otherwise prohibited by existing laws, rules, and regulations;

    7. Serve as the central repository of all PPP Project information;

    8. Develop the capacities of Implementing Agencies, Approving Bodies, PPP units referred to in Section 28 of this Code, and other relevant government stakeholders on PPPs;

    9. Promote and market the PPP Program and PPP Projects, in collaboration with other government investment promotion agencies;

    10. Recommend plans, policies, and implementation guidelines related to PPPs, in consultation with appropriate oversight committees or agencies, Implementing Agencies, private sector, and other relevant stakeholders;

    11. Draft policy matter opinions for approval of the PPP Governing Board in response to requests by government agencies and private entities;

    12. Issue non-policy matter opinions relating to PPPs;

    13. Ensure sustainability of the implemented PPP Program and Projects through monitoring, documenting, and sharing the lessons learned and best practices to Implementing Agencies, Approving Bodies, oversight committees or agencies, and other relevant stakeholders;

    14. Advise and assist Implementing Agencies and oversight agencies in developing and periodically updating an organizational development plan that will enable them to competently perform their functions under this Code; and recommend to the Department of Budget and Management (DBM) the standards of training, qualification, and compensation for necessary personnel under these organizational development plans;

    15. Manage and administer the Project Development and Monitoring Facility (PDMF) as provided in Section 26 of this Code;

    16. Manage and administer the PPP Risk Management Fund as provided in Section 27 of this Code;

    17. Act as Secretariat to the PDMF Committee and the PPP Governing Board; and

    18. Perform such other functions as may be necessary to achieve the objectives and purposes of this Code.

    The PPP Center may receive contributions, grants, and/or other funds from, among others, government agencies and corporations, LGUs, local and foreign donors, development partners, and private sector/institutional subject to applicable laws, rules, and regulations.

    The PPP Center shall report directly to the PPP Governing Board and shall be attached to the NEDA for purposes of policy and program coordination.

  2. PPP Center Executive Director - The PPP Center shall be headed by an Executive Director with the rank equivalent to an Undersecretary, who shall be appointed by and coterminous with the President of the Philippines. The Executive Director shall perform the following functions:

    1. Undertake the day-to-day management and supervise the operations of the PPP Center;

    2. Recommend to the PPP Governing Board such policies and measures which are deemed necessary for the effective exercise and discharge of the powers and functions of the PPP Center;

    3. Sit as a member of the PPP Governing Board, the Technical Boards of Infrastructure Committee (INFRACOM) and NEDA Board - ICC, and other inter-agency bodies in cases where the PPPs are concerned; and

    4. Perform such other functions as may be assigned by the PPP Governing Board.