'.

REPUBLIC OF THE PHILIPPINES

SANGG UNIANG l' ANLUNGSOIl
City of Paran aque

ORIlI NANC E NO. -.l1 - 0 6

Series of 20 13

PRO PONEN T: CO UN. CA RLITO n, ANT IPUESTO

AN O RIlINANCE PURS UING A l'IJIlLl C-PRI VAT E pA RTN ERSfIIP (1'1'1')

AI' I' ROAC II TOWARIlS IlEV ELOI'M ENT, PROVIDI NG FO R T HE PRO CEIl UR E~
FO R SE~cr ING T HE PRI VAT E SE CT O R PROPONENT, AIlO PT ING A
CO NT RA T.¥.~~ A G EM ENT FRAME WOR K, AN Il I'ROVIIlI NG APPRO PRIAT IO NS
ANIl FOR T ~ I' URI'OSES

Chapter I. Ilasic Prin ciples and Ilcfinitions ~

SECT ION 1. Short Til/e. - This Ordinance shall be known and cited as the ." City of Paranaque
Integrated pr p Code" .

Sec. 2. Declaration (if Po/icy . - (a) It is hereby declared as a policy that City of Paranaquc shall
advance the public good and gene ral welfare, promote the interest of the community and the City
within the framework of sustainable and integrated development, and effect ive constructive
engagement and meaningful people' s participation in local governance; (b) PPPs shall be
pursued by the City consistent with and in furtherance of the vision and mission of the City
1
which state that:

Vision: "A prime habitat city of the Metro South with quality education, cultural, social
j ustice, and a healthy en vironment sustained by an economically competitive and sound
governance. synergized by capable, participative and God-fearing citizenry. "

Mission : "Paranaque City shall establish effective support f acilities f or livabl e

community to provide a business-friendly environment f or investors and empower the citizenry to
become active partners in developing the city as the residential and business haven in the Metro
South. ..

Sec. 3. Operative Principles. - The accomplishment of the stated policy shall be guided by the
ollowing principles:

or
The City, pursuant to Sections 1, 2 and 5, Article X the 1987 Constitution, is a territo~' 1
and political subdivision which enjoy s local autonomy and fiscal autonomy. Under Section 3,
Article X of the 1987 Constitution. local autonomy means a more responsive and accounta~ \
local government structure instituted through a system of decentralization. Fiscal autonomy
means that local governments have the power to create their own sources of revenue in ~
addition to their equitable share in the national taxes released by the national government. as
well as the power to allocate their resources in accordance with their own priorities.

(b) The general welfare and the public good shall always be promoted and that transparency,
public accountability and social acco untability mechanisms and approaches , shall be
integrated in PPPs from inception to implementation. ~

(c) The City exists and operates in its govern mental and proprietary capacities thereby making
the City an agent of and is therefore accountable to the State and its community. The ro
the City both as a regulator of a business and as implementer of a oprieta erta(\,
Of(j
must be clearly dCIine~ ,/

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, ,,, No. 2 13 - 0U
OrdilllllllX No. • .-\;<0; OKDI 'Iri.4.'lriCL.Pl'RSlT lriG A Pl "OU( '·PRI\ ",H[ P"R"'l'l:R"~IIIP (PPP) .\ PP RO.4. CII TO WARDS
m :n:tOP\ IF.:"'IT. PROVml'C H)~ Tl 1ti1>MOCEDI"RE ."OR Sr.U:UI'G nil': PRI\ 'ATE SECTOR PROPO ,r.'lriT• .4.DOPTI:orr;G
.4. CO'lriTRACT ~1.4.S .4.GBI[:"'IT F \~KK. axu PRO\"lDl'G APPROJ'JUATIO,\;S A.'Ir,P FOR OTlIUl rtRPOSt:S

(d) The City must develop int a If-reliant community, and as such. is in a better position to
address and resolve matters t at arc local in scope . The City is under the supervision of the
President and under the control of Co ngress.

(e) Under Sect ion 18 of the of Republic Act No. 7160 of the Local Government Code of 1991
(199 1 LGC), the City may acquire , develop, lease. encumber, alienate, or otherwise dispose
of real or personal property held by them in their proprietary capacity and to apply their
resources and assets for productive , developmental, or welfare purposes.

(0 Under Section 22 (c) of the 1991 LGC, no contract may be entered into by the Mayor on
behalf of the City without prior authorization by the Sanggunian Panlungsod . The
participati on of the Sanggunian is indispensable in the adoption and implementation ofa PPP~
arrangement. ~

(g) Under Section 22 (d) of the 1991 LGC. the City enjoys full autonomy in the exercise of its ~
proprietary functions and shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary. appropriate. or incidenta l for its efficient and
effective governance. those not otherwise prohibited by law and those which are essential to
the promotion of the general welfare.

(h) Under Section 25 (b) of the 1991 LOC, the City may collaborate or cooperate with other
local governments, national governm ent agencies, government-own ed and controlled
corporations, government instrumentalities and government corporate entities for the
implementation oflocal projects.

(i) Under the chaner of the City, Sections 16, 17, 19 and 129 of 1991 LOC and other statutes,
the City has been given the responsibility and mandate to exe rcise, devolved and delegated
powers.

(j) The City. under Section 106 of 1991 LGC. is mandated to draw up and implement a
IV· _ ~
comprehensive multi-sectoral development plan. PPPs shall be pursued by the City consistent
with its infrastructure, development. investment, environmental and governance framework
embodied in relevant policies. plans , ordinances and codes.

( The City. as a partner in a PPP arrangement, may provide equity, subsidy or guarantee and
use local funds; and the usage thereof for a PPP project shall be considered for public use and
purpose.

(I) Under Section s 34, 35 and 36 of the 1991 LGC and in the exerc ise of its powers, the City
may enter into joint ventures and such other cooperative arrangements with people's and non-
governmental organizations to engage in the delivery of certain basic services, capabilif -
building and livelihood projects, and to develop local enterprises designed to improve
productivity and income. diversity agriculture. spur rural industrialization. prom. :-:-",,~
ecological balance. and enhance the economic and social well-being of the people; provide
assistance, financial or otherwise. to such people's and non-governmental organizations for
economic. socially-oriented. environmental. or cultural projects to be implemented within its J
territorial jurisdiction.

(m)The City, under Section 3 (I) of the 1991 LOC, is duty-bound to ensure the active
participation of the private sector in local governance.

(n) The right of the people to information on matters of public concern is guaran d under
Section 7, Article III of the 1987 Constitution. Furthermore, it is the policy of the State to
allow full public disclosure of all its transact ions involving public interest such as PPPs er ' \
Section 28, : : - e 1987 Constitution. (\ \

2
Page No.3 .1 3 -0 6
Ordinance No_ - AS OR OI~ .4..!'\~,[ Pl'RSU :\"C .4. Pl'BLlC·P KI\ '.\Tt PARD;E: R.'IIJ P IFPP) .%. PPRO., CII TOWARDS
DlX t LO P\I f.., --r. PROVml~G 1'0 1i: n n : PROC[Dl'RE fOR S f:I .HTI'\C TH E: PRIVAT E SF.CTO R PR OPO'\ t:'\T . ADOPTl"'iG
• covnucr ","X' G<>,.--r ' ." UR"-"o PROH O"G .PP ROPR,mo" ' ' 0FOROTll U Pl Rl'OSES

(0) The people's right to effective and reasonable participation and public trust provision under
Section 16, Artic le XIII and Section I, Artic le XI. respectively, of the 1987

(p) Constitution guarant ee and empower civil society group s to have effective and meaningful
participation in the regulation and management of PPP projects.

Sec. 4. Rationale for PPP. - PPPs shall be promoted to provide more, better, affordable and
timely servi ces to the community. In pursuing PPP s, the City sha ll be guided by the following
reaso ns and dri vers:

(a) PPPs shall be undertaken in furtherance of the City development and physical framework
plan.

(b) PPP is an essential pan of the overall infrastructure reform policy of the City. By
encouraging performance-based management of the delivery of public services applying
commercial principles and incentive s whenever possible. by introducing competition in and
for the market, and by involving users and stakeholders in the decision-making process,
infrastructure and regulatory reform shall be achieved .

(c) PPPs sho uld be adopted to address a pressing and urgent or critical publ ic need . Under the
principle of "AdditionaJity" , the increased economic benefits to consumer welfare of having
needed public services and infrastructure accessible now because of the PPP, rather than
having to wait until the City could provide the public services much later. PPP would also
1
encourage the accelerated implementation of local projects. ~

(d) PPPs can be adopted to avoid costs and public borro wing. By contracting with the priva te
sector to undertake a new infrastructu re proj ect, scarce City capital bud gets can be directed to
other priori ty sectors such as social serv ices, educat ion, and health care.

e) PPPs allow for technology trans fer, and improved efficiency and quali ty of service. These
could be valuable contribution of the private sector in local governance.

PPPs sho uld be feasible and affo rdable. demonstrating the need for the project. broad level
project costs estimation, and indicative commercial viability. The assessment of affordability
shall be the cornerstone for all PPP projects. both to the City and the general publ ic.

(g) PPP Projects should be bankable. High participation costs. unreasonable risk transfer o r
lengthy and complex contract negotiations must be avoided. A cost reco very pricing policy
attractive to the private sector must be in place; provided that the same will not be
disadvantageous to government and public interest.

(h) PPP Projects should provide value-for-money and good. eco nomic value as far as practicab]
including alloca tion of risks to the party best ab le to control, manage, mit igate or insure these
risks, and maximization of the benefits of private sector efficie ncy, expertise, flexibil ity and
innovation. --',,;;:::'

(i) PPP Projects must provide econom ic and social benefits and should be evaluated on this
basi s rather than on purely finan cial considerations. The City remains responsible for
services provided to the public. without necessarily being responsible for correspo nding
investment. ~ •

(j) PPP Projects must give consideration for empowerme nt of Filipino citizens as a strategy for
eco nomic gro wth and sustainability and must thus prov ide for the parti cipation of local
investors 10 the furth est extent practicable given the nature of the project. The City shal",I~ "T
ensure the hiri empl oyment of local labor in the PPP venture.

3
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P" ,No,4 J 3 - D6
Ordinance No, • AS ORDI:"iAS<;r rl'RSlIISG A PI :BU C·PRIYAT E PARTI' ERSIIIP (PPPJ APPROACII TOWARDS
()}:\'HOPi\1ENT. PH()\"IDISG F R nE PHOn:D1:Hf. WI( SELECl ISG 1 Hi: PRIVAn: SE( " OR PROro'iEl'IiT. APOPTIN G
A CO :'loT RACf :\IANAGE:'o IENT r ' WO RK, A/'IiD PROYIDISG APPROPRIATIOSS A:"rO D . 'O R OTIIER Pl;RPOS ES

(k) Procurement of PPP Projects must be competitive and must be undertaken through open
competiti ve bidding . Competition must be legitimate, fair and honest. In the field of
government contract law, competition requires, not only bidding upon a common standard, a
common basis, upon the same thing, the same subj ect matter, the same undertaking, but also
that it be legitimate, fair and honest; and not designed to injure or defraud the government.
Where competi tive bidding cannot be applied, a compet itive process ensuring both
transparency and economically efficient outcome must be employed.

(I) The regulation of the PPP shall be pursuant to the PPP contract and exercised by the
appropriate regulatory authority. A duly executed and legal PPP Contract shall respected and ~
not impaired, and shall be binding on the successo r admin istration pursuant to the provision
on corporate success ion. ,

(m)To provide efficient public service, the City must ensure. through stronger performance
management and guidance, proper implementation of PPP contracts that will result in value
for money. on-time delivery of quality services to the public. achievement of government
policy goals, all within sustainable and integrated development.

Sec. 5. Definition of Terms. - As used in this Code. the following teoos shall mean:

(a) Build-Operate-Transfer Law Scheme - Under Republi c Act No, 6957 as amended by RA No.
7718. the following are the BOT variants:

(i) Build-and- Transfer (BT) - A contractual arrangement whereby the Private Sector
Proponent (PSP) undertakes the financing and construction of a given
infrastructure or developme nt facility. and after its completion. turns it over to the
City. which shall pay the PSP. on an agreed schedule, its total investment
expe nded on the project. plus a Reasonable Rate of Return thereon.
1
Build-Lease-and-Transf er (BLT) - A contractual arran gement whereby a PSP is
authori zed to finance and construct an infrastructure or developmen t facility and
upon its completion. turns it over to the City on a lease arrangement for a fixed
period, after which ownership of the facility is automatically transferred to the
City,

Build-Operate-and-Transf er (BOT) - A contractual arrangement whereby the PSP

undertakes the construction. includ ing financin g, of a given infrastructure facility.
and the operation and maintenance thereof. The PSP operates the facility over a
fixed term, during which it is allowed to charge facility users appropriate tolls.
fees, rentals, and char ges not exceeding those proposed in its bid. or as negotiated
and incorporated in the contract, to enable the PSP to recover its investment, and
its operating and maintenance expenses in the project. The PSP transfers the
facility to the City at the end of the fixed term which shall not exceed fifty ( )
years. This build. operate and transfer contractual arrangement shall include
supply-and-operate scheme, which is a contractual arrangement whereby th
supplier of equipment and machinery for a given infrastructure facilit y, if ...-..-=-;=:-
interest of the City so requires, operates the facility. providing. in the process.
technology transfer and trainin g to Filipino nationals.

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Page No. S ,13 - 0 6
Ordinance No, • A~ ORD I ~A;<rr.~ Pl ·RSU....C A FrOLlC· PRI VATE PARTh ERSIII P (PPPI A PPRo. \OI TOWARP S
m :nI.OP\I [:-"T . PRO\'IDI'G ~llR Til PROCEDl H•. lOR !ti1.U.rTI' G TIl E PRI\'.4.H S[(:TOR PROPO' £ ....T. AOOPTI'G
A CO :'loT RACf U-\:\.\ GUI E:'\IT I'llA' ORK. .-\.,\P PROHUI:"IoG APPROPRlATlO:'liS"....P . "ON. 0 111[1( p i HrOS[S

(iv) Build-Own-and-Operate (BOO) - A contractual arrangement whereby a PSP is

authorized to finance, construct, own, operate and maintai n an infrastructure or
develo pment facility from which the PSP is allowed to recover its total
investment. opera ting and maintenance costs plus a reasonable return thereon by
collec ting tolls, fees, rentals or other charges from facility users. Under this
project, the proponent who owns the assets of the facility may assign its operation
and maintenance to a facility operator. The divestiture or disposition of the asset

(v)
or facility shall be subj ect to relevant rules of the Commission on Audit.

Build-Transf er-and-Operate (BTO) - A contractual arrange ment whereby the City

contracts out the construction of an infrastructure facility to a PSP such that the
contractor builds the facility on a turnkey basis, assuming cost overruns, delays,
"<. ~
and specified performance risks. Once the facility is commissioned satisfactori ly,
title is transfe rred to the City. The PSP, however, operates the facility on behalf of
the City under an agreement.

(vi) Contract-Add-and-Operate (CA D) • A contractual arrangement whereby the PSP

adds to an existing infrastruc ture facility which it is renting from the City and
operates the expanded proj ect over an agreed franchise period . There may or may
not be a transfer arrangement with regard to the added facility provided by the
PSP.

(vii) Develop-Operate-and-Transfer (DO T) - A contractual arrangement whereby

favorable conditions external to a new infrastructure projec t to be built by a PSP
are integrated into the arran gement by giving that entity the right to develop
adjoining property, and thus, enjoy some of the benefits the investment creates,
such as higher property or rent values.
1
(viii) Rehabilitate-Operate-and-Transf er (ROT) - A contractual arrangement whereby
an existing facility is turned over to the PSP to refurbish, operate and maintain for
a franchise period, at the expiry of which the legal title to the facility is turned
over to the City.

Rehabilitate-Own-and-Operate (ROO) - A contractual arrangement whereby an

existing facility is turned over to the PSP to refurbish and operate, with no time
limitation imposed on ownership. As long as the operator is not in violation of its
franchi se, it can continue to operate the facility in perpetuity.

(b) Competitive Challenge - An alternat ive selection process wherein third parties or challe ngers
shall be invited to submit comparative proposals to an unsolicited proposal. According ly, the
PSP who submitted the unsolicited proposal, or the original propo nent, is accorded the right
to match any superior otTers given by a comparative PSP.

(c) Competitive Selection or Bidding or Open Competttton : Refers to a method of selection or

procurement initiated and solicited by the City, based on a transparent criteria, which is op~ J
to participation by an y interested part y. ~ ~~

(d) Concession - A contractual arrangement whereby the financing and construction of a new I
facility and! or rehabilitation of an existing facility is undertaken by the PSP after turnover y
thereof to it, and includes the operation, mainte nance, management and improvement, if any,
of the facility for a fixed term during which the PSP generally provides service directly to

0\
facility users and is allowed to charge and collect the approved tolls, fees, tariffs, rentals or
char ges from them. The City may receive a concess ion or franchise fee during the term of the
contract and! or other considerat ion for the transfer, operation or use of any facility. Th- - ---- \ 1
may be a transfer o f ownership of the asse t or facility after the conees J n peri ended
subj ect to rul the Commission on Audit.
5
P,, <No.6 .1 3 - 0 6
Ordinance No. _ _ • AS O KDIS .<\S("}; r l ;RSl il"Ii(; A PI :BLlC-PRI\'An : PARTNERS IIIP (1'1'1') AI'PROACII TOWARDS
OnH OPI'tU:ST, PRO\'IIHS C; m " THi'PROC J:nnu: FOR SEU:CT ISG ru t PIUVAn: SH-mR PROPOS ENT. ADOPTI'C;
A COSTRACT U.\.:"IAGEME:"ro"T F RI(, AND PROVIDI SG APPRO PRUT IO:,\S AND FOR OTHER Pl:RPOS t:S

(e) Corporatization - Refers to transformation of a public entity or quasi-municipal corporation

estab lished by the City into one that has the structure and attrib utes of a private corpo ration ,
such as a board of directors , officers, and shareholders, and having it registered with the
Securities and Exchange Com mission as a stock corporation. The process involve s the
estab lishment of a distinct legal identity for the company under which the City ' s role is
clearly identified as owner; segregation of the company' s assets. finances. and operations
from other provincial operations; and development of a commercial orientation and
managerial independence while remaining accountable to the government or electorate.

(f) Cost Sharing - This shall refer to the provincial portion of capital expenses associated with
the establishment of an infrastructure development facility such as the provision of access
infrastructure. right-of-way, and any partial financ ing of the project.

(g) Credit Enhancement - This shall refer to direct and indirect support to a development facility
by the PSP and/or City, the provision of which is contingent upon the occurrence of certain
events and/or risks. as stipulated in the PPP contract. Credit enhancements are allocated to
the party that is best able to manage and assume the consequences of the risk involved.
Credit enhancements may include but are not limited to government guarantees on the
performance or the obligation of the City under its co ntract with the PSP, subject to existing
laws on indirect guarantees. Indirect Guarantees shall refer to an agreement whereby the City
assume s full or partial responsibi lity for or assists in mainta ining the financial standing of the
PSP or project company in order that the PSP/ project company avoids default ing on the
project loans, subject to fulfillme nt of the PSP/ project company of its undertakings and
obligations under the PPP contract.

(h) Development Proj ects - Projects norma lly financed and operated by the City. but which will
now be wholly or partly financed , constructed and operated by the PSP ; projects that will
advance and promote the general welfare; and other infrastructure and development projects
as may be authorized by the City.
1
(i) Direct City Equity - Refers to the subscription by the City of shares of stock or other
securities convertible to shares of stock of the special purpose vehicle or single-purpo se
project company, whether such subscription will be paid by money or assets.

Q) Direct City Guarantee - Refers to an agreement whereby the City guarantees to assume
responsibility for the repayment of debt directly incurred by the PSP in implementing the
project in case of a loan default.

(k) Direct City Subsidy - Refers to an agreement whereb y the City shall: (a) defray, payor
shoulder a portion of the PPP project cost or the expenses and costs in operating and
maintaining the project; (b) condone or postpo ne any payments due from the PSP; (c)
contribute any property or assets to the project; (d) waive or grant special rates on real
property taxe s on the project duri ng the tenn of the contractual arrangement; and/ or (e)
waive charge s or fees relative to the business permits or licenses that arc to be obtained for
the construction of the project, all without receiving payment or value from the PSP... or
ope rator for such payment , contribution or support.

(I) Divestment or Disposition Refers to the manner or scheme 0 taking away, depriving,;,~;:::
»

withdrawing of title to a property owned by the City and vesting ownership thereof to a PSP.

6
Page No. 7
Ordinance No.
.1 3 -0 6
• AN ORDINANCE Pl :RSl;JN(i A PLJBU C· PRIVATt: PART~t:ltSIl Il' (PPP) APPROAC H TOWARPS
DE:\'E:LOP.\IE:\T, PKm'IDINd WR THE PROCt: Dl IRE . "UK St:U:ClT'I;G TI lE PKIVATt: SECI "OR PKOrO'l .:r-.:T. AUOf"'f1'1G
A CONTRACT MANAGEMENt I\tI:WORK, A:"iD PRO\'IDI:"i G APPROPRIA nONS AND FOR OTHER PURPOSES

(m)Feasibi/ity Study ( - A study prepared by the City in a competitive selection or a PSP

when submitting an unsolicited proposal, containing a needs analysis, atTordability
assessment, value for money assessment, preliminary risk assessment, stakeholder
assess ment, human resource assessment, bankabil ity assessment, legal viability assessment,
PPP mode selection, market testin g if relev an t, indi cative transaction implem entation plan,
and draft ppp contract. The study shall be supported by the results of the appropriate
"willingness-and-ability-to-pay" survey.

(0) Franchise - Refers to the right or privilege affected with public interest which is conferred
upon a PSP , und er suc h tenus and conditions as the City may impose, in the interest of pub lic ~
we lfare, security and safety. "'-~

(0) Joint Venture (J V) - A contractual arrangement whereby a PSP or a group of private sector _~ ....
entities on one hand, and the City on the other hand, contribute money! capital, services, ~
assets (including equipment, land, intellectual property or anything of value), or a
co mbination of any o r al l of the foregoing. Th e City shall be a minority equ ity or shareholde r
while the PSP shall be majority equity or shareholder. Each party shall be entitled to
dividends, income and revenues and w ill bear the corresponding losses and obligations in
proport ion to its share. Parties to a JV share risks to jointly undertake an investment activity
in order to accomplish a specific, limited or special goal or purpose with the end view of
facilitating private sector initiative in a particular industry or sector, and eventually
transferring ownership of the investment activity to the PSP under competitive market
conditions. It involves a community or pooling of interests in the performance of the service.
function, business or activity, with each party having a right to direct and govern the policy
in connection therewith, and with a view of sharing both profits and losses, subject to

l
agreement by the parties.

) Lease or AfJermage - A contractual arrangement providing for operation, maintenance, and

management services by the PSP, including working capital and! or improvements to an
xisting infrastructure or development facility leased by the PSP from the City for a fixed
term. Under a lease, the PSP retains revenue collected from customers and makes a specified
lease payment to the City. Under an affcrmage, the parties share revenue from customers
wherein the PSP pays the contracting authority an affermage fee. which varies according to
demand and customer tariffs, and retains the remaining revenue. The City may provide a
purchase option at the end of the lease period subject to rules of the Commission on Audit.

(q) Management Contract A contractual arrangement involving the management or provision

w

by the PSP of operation and maintenance or related services to an existing infrastructure or

development facility owned or operated by the City. The project proponent may collect tolls!
fees! rentals and charges which shall be turned over to the City and shall be compensated in
the form of a fixed fee and! or performance-based management or service fee during the
contract term.

(r) Negotiated Proj ects - Refer to instances where the desired projec t is the result of an
unsolicited proposal from a PSP or, where the City has failed to identify an eligible private
sector partner for a desired PPP activity when there is only one qual ified bidder After
subjecting the same to a competitive selection or bidding. ~

(s) New Technology - Refers to having at least one of the following attributes:
\.
P" , No'
Ordinance No.
J3 -0 6
• AS ORDlSASCE Pl lRSnSG A l'l'HUe ·PRIVATE PARTl\ERSItIP (PPP) APPROACH TOWARDS
DH'EI.OI'MENT. movnuvc fOR rue PROCEDlIRE fUR Sf:U:CTII'IiG TIlE PRIVATE SH'TOR PROPo.'EST. ADOPTISG
A CO:"!iTRAC I' MANAGE\IEN 'I' - ~\IEWOR K, ASD PROVIDING APPROPRIATIOSS A:"I'D FOR CUllER PURPOSES

b. A process for which reject proponent or any member of the proponent joint venturel
consortium possesses exclusive rights, either world-wide or regionally; or

c. A design, methodology or engineering concept for which the proponent or a member of the
proponent consortium or association possesses intellectual property rights.

(t) Private Sector Proponent (PSP) - Refers to the private sector entity which shall have
contractual responsibility for the project and which shall have an adequate track record in the
concerned industry, as well as technical capability and financial base consisting of equity and
finn commitments from reputable financial institutions, to provide, upon award. sufficient
credit lines to cover the total estimated cost of the project to implement the said project.

(u) Public-Private Partnerships (PPP) - PPP is a form of legally enforceable contract between
the City and a PSP, requiring new investments from the PSP and transferring key risks to the
PSP in which payments are made in exchange for performance, for the purpose of delivering
a service provided or intended to be provided by the City. PPP shall also include dispositions
of an asset, facility, project owned, or entity created by the City to a PSP; procurement of a
service; assumption by a PSP of a proprietary function of the City; grant of a concession or
franchise to a PSP by the City; or usage by the PSP of public property owned or possessed by
the City.

(v) PPP Contract - Whenever appropriate and relevant, the PPP Contract shall contain the
Preambulatory Clauses or Whereas Clauses, Party Clause, Rules of Interpretation, Nature of
the PPP. Term of the Project, Contract Objective, Performance Bonds, Key Performance
Indicators, Risk Allocation, Rights, Payment to PSP, Tariff Scheme, Subsidy or Support
Mechanism, Insurance Requirements. Delay Provisions, Force Majeure. Governmental
Action, Government and Public Sector Entity (PSE) Warranties, PSP Warranties, Change in
the Law, Regulatory Regime, Variations. Termination, Indemnification, Intellectual
roperty, Claims, Financial security, Dispute Resolution, Step-in Rights. Changes in the
Composition of the PSPI Service Provider, Partnership Management, Compliance with all
Laws and Existing Contracts, Personnel, Conditions Precedent, among others.

(w)Reasonable Rate ofReturn (RROR) - Refers to the rate of return that a PSP shall be entitled
to, as determined by the PPP Regulatory Authority taking into account, among others, the
prevailing cost of capital (equity and borrowings) in the domestic and international markets, . ,. ,
risks being assumed by the PSP and the level of City undertakings and contributions '1 ~
fit,.
extended for the project.

(x) Service Contract - A contractual arrangement whereby the PSP shall provide a particular
service to the City involving the City's proprietary authority or to entities or corporation
created by the City. The PSP shall be entitled to be paid a fee per unit of work done during
the term of the contract. ~

(y) Unsolicited Proposal - Refers to project proposals submitted by a PSP to the City to
undertake a Development Projects without a formal solicitation issued by the City.

(z) Value fo r Money (VjM) - Refers to the concept that over the whole-life of a project finance-
PPP project, government's total expenditures (i.e., its payments to the private sec to r~
adjusted for the risks that have been transferred to the private sector, will be less, on a N~
et
Present Value (NPV) basis, than if the government will perform the services itself. V --_
considers monetary and non-monetary factors such as: (i) risk transfer; (ii) reduced whole life
costs; (iii) speed of implementation; and (iv) quality and reliability of service.

8
Page No. 9
Ordinance No. '
1 3 --AN0OR6DlNAl\CE . PU RSl 'II\G A Pt BLlC.PKI\'AT E PA RTN ~:RS III P (PPP J APPROACH TO WAR DS
IH:n:tO p~n:NT. PROYIDI:\G m il THJI'P ROCE Dl1RE ron SE:I.ECT I!IOG TilE PRIVATE SECTO R PROPO~ENT. ADOPTING
A CO:'llTRACT ,\ IANAG B IEN1' rile )l:\\:ORK, ANI> PROVIDING APPRO PRIATl O,\S AND HlROTIlt: R PI:RPOSES

(aa) Viability Gap Funding (VGF) - Refers to an exp licit subsidy that is performance-driven
(i.e., based on private party achieving measurable outputs) and targeted to socio-
economically disadvantaged users or groups of users; or any financial support in the Conn of
grants or assistance, one time or deferred, to infrastructure projects undertaken through PPPs
with a view to make them commercially viable.

Sec. 6. Rules of Interpretation. - This Code and the provi sions hereof shall be liberally
interpreted to accom plish the policy and obj ectives set forth in Sections 2, 3 and 4 hereof.

Sec. 7. Authorities. - (a) This Code is being adop ted pursuant to the City's constitutional and '\
"<.
statutory authorit ies enumerated under Section 3 hereof; and when not inconsistent with the ~
relevant laws aforementioned, shall gove rn the adoption and implementat ion of the PPP
Modalities.

(b) In pursuing BOT and its Variants, the City shall comply with Republic Act No. 6957 as
amended by RA No. 77 18 (BOT Law) and its Implementing Rules and Regulations.

(c) In entering into Management and Service Contracts, the City shall comply with Republic Act
9 184 or the Government Procurement Reform Act (G PRA) and its Implementing Rules and
Regulations.

(d) For Dispositions, Commission on Audit Circular No. 89-296 (January 27, 1989) shall govern .

(e) For Corporatization , the incorporation of the corporation must be done in accordance with the
Corporation Code of the Philippines.

(1) For Joint Ventures, the Law on Partnerships of the Civ il Code of the Philippines shall be
applicable.

(g) For Leases and Affermages, the Law on Leases of the Civil Code of Philippi nes may be
eferred to.
Chapter 2. PPP Projects and PPP Modalities

Sec. 8. PPP Projects. - (a) The City, through the appropriate and viable PPP mode, may
undertake Development Projects, includ ing but not limited to, power plants, highways, ports,
airports, canals, dam s, hydropo wer proj ects, water supply, sewerage, irrigation,
telecom munications, railroad and railways, tran sport systems, land reclamation proj ects,
industrial estates or townships, hous ing, govern ment buildings, touri sm proj ects, public markets,
slaughterhouses, warehouses, solid waste management, information technology networks and
database infrastructure, education and health facilities, social services, sewerage, drainage,
dredging, prisons , and hospitals. The City can also undertake PPPs for any of the devo lved
activities under Section 17 of the 1991 LGC.

(b) The determination of the appropriateness and viability of the PPP mode shall be specified,
explained and j ustified in the feasibility study weighing all the relevant value drivers and reasons
for pursuing a PPP project. ~ I.

Sec. 9. List of Priority Proj ects. - The City shall identify specific priority projects that max ~
undertaken under any of the PPP Modalities defined under Sec. 10 hereof.

9
' ..,No. 1O 13 - 06
Ordinance No. _ _ - AN ORDI."I/AN (~t: PIR"Ur"riG A PlJ8UC·PRIVATE PART:'IiF.RSIII P U'PPj Af'PRO,\CII TO WARDS
1H:\'E1 _0P~ lt:NT. PRm -IP I:'IiG mR I-I E PROCE Dl IRE FOR SELECTI:'IiG TIl E PRIVATE SECTO R PROPO:'liENT. AIKl PTI:'IiG
A Co:'H RACT ," lA NAG B It:NT . "RA. ·WO RK. A:'IiD PROVIDI:'IiG APPR OP RIATIO NS AND r OR OT IIER PI:R POSES

Sec. to. PPP Modalities. - In u de aking a specific PPP Project. the City may adopt and pursue
any of the following 16 PPP Mo ities and provide for other modalities not inconsistent with
law:

(a) Build-an d-Transfer (BT);

(b) Build-Lease-and-Trans fer (BLT);
(e) Build-Operate-and-Transfer (BOT);
(d) Build-Own-and -Operate (BOO);
(e) Build-Transfer-and -Operate (BTO);
(f) Contrac t-Add-and-Operate (CAO);
(g) Develop-O perate-and-Transfer (DOT);
(h) Rehabilitate -Operate-and -Tran sfer (ROT);
(i) Rehabilitate -Own -and-Operate (ROO);
ti) Concession Arrangement;
(k) Joint Venture (JV);
(I) Lease nr Affe rmage;
(m)Management Contract;
(n) Service Contrac t;
(0) Divestmen t or Disposition; and
(p) Co rporatization.

Sec. I I. Gene ral Requirements. - These are the general requirements for the City in entering into
PPPs:

(a) Undertaki ng a PPP for a Development Project mu st be premised on any or all of the reasons
and drivers mentioned in Sect ion 4 hereof.

i
(b) The list of projects to be implemented by the City under any of the BOT variants shall be
submitted for confirmation to the Cit y Deve lopment Co uncil for projects costing below Two
Hundred Million Pesos and those above Two Hundred Million Pesos to the Investment
Coordina tion Conunittee of the National Eco nomic Development Aut hority.

(c) Proj ects incl uded in the List of Priori ty Projec ts shall not be eligible for unsolicited proposals
under any of the BOT variants, unless involving a new concept or technology; prov ided, that for
any of the other PPP Modal ities, unsolicited proposals may be accepted even if the projec t is
included in the List of Priority Proj ects or whether the same features a new concept or
technology or not.

(d) The prohibition for extend ing Direct City Guarantee, Direct City Subsidy and Direct City
Equity only applies to unsolicited proposals for BOT variants under Repu blic Act No. 69 57 as
ame nded by RA No. 77 18.

(e) For BOT variants that wil l be subj ected to bidding. Concession Arrangements, Leases or
Affermage, Management and Serv ice Contracts, and Joint Ventures, the City may pro vide Direct
City Guarantee, Direct City Subsidy, Direct City Equity, or Viability Gap Fund ing; provided,
that the City can use a portion of its general fund , its development fund com prising 20% of it
annual share in the Interna l Revenue Allotment, and! or its equitable share in the proceeds of the
utiliza tion and development of the national wealth found within its territory for this purpqse;
prov ided further, that any amount used for subsidy or eq uity for a PPP project shall be deem~
for development purpo ses and fo; the direct benefits of the inhabitants pursuant to Sections ~'\':S:
.z
and 294 of the 1991 LGC respectively . -

(f) For all PPP Modalities, the City may provide Cred it Enhancements an
schemes.

10
P",No lI 13 - 0 6
Ordinance No. _ _ - ,\ :'\; ORIW'liA.:'oiCE PlTRSl 'l:'Io G A Pl:BLlC·PRI\lAn: p.un~U(SIlll' (PPP) APPROACH TOW ARD S
DF:\'HOPM El'T . PRO\"IDI:\G FO~ rn PROC EDl 'RE FOR SF.U:CTING TIn: PRI\'ATE SH~"O R PR.OI'O:'lO J:ST. A,[)OPTISG
A CO 'lriTRAC'T :'oIA:'IlAGE!\I ENT FR.U1 RI(.,AND PROVlDlSG APP RO PRlA TlO:"iS AND FO R OT H ER Pl 'RP OSES

(g) O ffic ial Development Assistance (ODA) as defined in R.A. 8182, otherwise known as the
a DA Act of 1996, as amended by R.A. 8555, may be availed of for PPP projects where there is
difficulty in sourcing funds; provided, that a DA financing shall not exceed 50% of the project
cost, with the balance to be provided by the PSP .

(h) Any subsidy to the constituents that will be extended by the City must he targeted,
tran sparent an d effic iently administered .

(i) Each PPP Modality adopted for a specific PPP project must specifically provide and adopt a ' - e-
tariff-mechanism such as but not limited to cash-needs, price cap, revenue cap, rate of return,
hybrid of the foregoing, or any other appropriate scheme.
.....
~
0
(j ) For negotiated contracts for BOT variants for publi c utility projects which are monopolies, the
rate of return on rate base shall be determined by existing laws, which in no case shall exceed
twelve per centum [12%].

(k) In case of a project requiring a franchise or license to operate, the winning PSP shall
automatically be granted by the City the franchise or license or pe rmit to operate and maintain
the facility, including the collection of tolls, fees, rentals, and other charges in accordance with
the schedules stipulated in the approved PPP contract. The original franchise period as stipulated
in the contract agreement may be extended. as may be authorized by the City, provided that the
total franchise period shall not exceed fifty (50) years.

(I) The City shall have the option to form or allow the formation of a special purpose vehicle or
single-purpose project company to implement the PPP project as may be appropriate under the
chosen PPP Modality.

(m) In parti cipating in PPPs, the City may, subject to Sections 16, 17, 18, 19 and 20 of the 1991
LGC, exercise police power, perform devolved powers, power to apply and generate resources,
expropriate and reclassi fy and enact or integrate zoning ordinances.

n) The City shall prescribe and impose Procurement Ethics to be followed by the City and all
idders based on the principles of honesty, integrity, probity, diligence. fairness, trust. respect
consistency for all PSPs and bidders.

Sec. 12. Government-to-Government Joint PPP Undertakings. - The City by mutual agreement
in a Government-to-Government arrangement with other local governments. national
government agencies, government-own ed and -controlled corporations, government
instrumentalities and government corporate entities, may implement PPP Projects for projects
located within the City's territory or those projects that will benefit the City and its community
even if the project site is outside the City' s territory; provided, that the collaborating or partner
government entity jointly undertakes with the City the selection of the PSP using the appropriate
PPP Modality.

Chapter 3. PPP Procedures and PPP Contract

Sec. 13. PPP Procedures. - The following procedures shall apply: (a) For BOT variants, the City
must comply with the procedure set forth in Republic Act No. 6957 as amended by RA No . 77,18
and its Implementing Rul es and Re gul ations. ~ ~

(b) For Management and Service Contracts, the City shall comply with Republic Act No. 9~
or the Go vernment Procurem ent Reform Ac t and its Im plem ent in g Rules and Reg ulations. \ J~

I
11
',«No",13 - 0 6
Ordinance No. • A~ OKDI:oriA:orin: tR.~B:'Il G A I'tIBlIC·PRIVAn: PART:'IlHL~IIIP (1'1'1') APPRO,\CH TOWA H,US
m :\,u.()p\U::'IoT , PROUPI'lriG mit Tilt OCt Dl Rt: FOR SEU:CTI\G TIlE PRI\ 'ATF.SHTOR PROPO\tST. ADOPTI'G
A CO S T R -\CT \1.-\!'IiAG B IE.'\,T I:R.~I [ RK. A:"iD PRO\l DlSC APPROP RlAT IO:'liS " S O fOR OTH ER PllRPOS ES

(c) For Concessions, Joint Ventures. and Leases or Affermage, the procedures specified herein
shall govern.

(d) For Divestment or Disposition of a property. Commission on Audit Circular No. 89-296
(January 27. 1989) shall be applicable.

(e) For the Divestiture of a subsidiary or corporation incorporated by the City under ~
Corporatization, the sale may be pursued via a public offering or through a public auction or
other relevant schemes under Commission on Audit Circular No . 89-296 (January 27. 1989).

(I) If the City opts to select a PSP using either Competitive Selection or Competitive Challenge.
the City in the Competitive Selection and the PSP in the Competitive Challenge approach must
~
prepare and submit a Feasibility Study. The costs of preparing the Feasibility Study may be
reimbursed by the winning PS P to the City under the Competitive Selection mode.

(g) All recommendations of the PP P Selection Committee shall be submitted to the Mayor for
consideration and approval.

(h) All PP P contracts must be signed by the Mayor with prior authorization by the
Sanggunian Panl ungsod incl udi ng his authority to negotiate.

(i) During the consideration of the PPP Contract by the Sanggunian Panlungsod, a public
consultation shall be conducted explaining the PPP Project. PPP Contract, accountability
mechanisms built into the PPP arrangem ent, the benefits and costs of the PPP Project, among
othe r relevant matters.

GlAfte r the signing of the PPP Contract by the Mayor, the PPP-SC shall issue the Notice of
Award to the PSP .

Sec. 14. PPP Selection Committee. - (a) The re is hereby created a PPP Selection Commi ttee
(PPP.SC) for purposes of selecting a PSP for a specific PPP Proj ect. Th e PPP-SC shall be
composed of the following:
I J
(i) Chairperson - At least a third ranking officer of the City;

(ii) Secretary - City Legal Officer;

(iii)The City Treasurer;

(iv)The City Planning and Development Officer;

(v) One (I) representative from and selected by the Sanggunian Panlungsod who is
not the same representative in the PPP-RA; and

(vi)Two (2) representatives from and chosen by the accredited civil society groups, people's
and non-governmental organizations who are members of the City Development Council.

A quorum of the PPP-SC shall be composed of a simple majority of all voting members. The
Chairperson shall vote only in case of a tie. '

The PPP-SC with the approval of the Mayor may invite provisional non-voting mem rs fro~
the national government agencies, regulatory agencies, National Economic Developme':'nt;:""~
Autho rity, Department of Interior and Local Governments, and the private sector to observe in
the proceedings of . PPP-SC; and form a support staff composed of empl ees and staff of the
City .
Page No. IJ 13 - 0 6
Ordmence No. _ _ • AN ORDINANCE Pl TR.' n;IJ'';G A PlIBUC·P RIVATE PART:"iERSIIlP (P PP) APPROAC H TOWARDS
DEVELOP.\I ENT. P RO\'IDI~G F~ II PROCEDl TR E: I' OR SEU ':CfI:\C TI lE PRIVATE SECTOR P ROPO:'Il E~T. ADO PT I~G
A CONTRACT MASAGUIENT ..-I(U I 'ORK- AS D PROVIDING APPROPltlATIONS AS P m R ot utn Pl' RPOSES

(b) The PPP-SC shall be responsible for all aspects of the pre-select ion and selectio n process,
including, among others. the preparat ion of the Feasibility Stud y and selection! tender
documents; determination of the minimum designs, performance standards! specifications,
economic parameters and reasonable rate of return or tariff-setting mechanism appropriate to the
PPP Moda lity; drafting or evaluation of the PPP contract; publication of the invitation to apply
for eligibility and submission of proposals or comparative proposals; defining the eligibility
requirements, ap propriate form and amou nt of proposal securities, and schedules of the selection
and challenge processes; pre-qualification of prospective PSPs, bidders or challengers; conduct
of pre-selection conferences and issuance of supplemental notices; interpretation of the rules
regarding the selection process; conduct of the selection or challenge proce ss; evaluation of the
">.
~ <,
legal, financial and technical aspects of the proposals; resolution of disputes between PSPs and ~
challengers; defining the appeals mechanisms; and recommendation for the acceptance of the
proposal and! or for the award of the contract.

Sec. 15. Competitive Selection. - (a) The Competitive Selection procedure shall consists of the
following steps: advertisement, issuance of instructions and tender documents, conduct of pre-
bid conferences, eligibility screening of prospect ive bidders, receipt and opening of bids, posting
of proposal securities, evaluation of bids, post-qualification, and award of contract.

(b) The Mayor shall approve the tender documents and the draft PPP Contract before they are
issued to the prospective PSPs! bidders.

1
Sec. 16. Limited Negotiations. - Where the City has failed to identify an eligible PSP for a
desired PPP activity when there is only one qualified bidder after subj ecting the same to a
compe titive selection or bidding or where the desired PPP project is the subj ect of an unsolicited
proposal from a PSP, Limited Negotiations may take place. The negotiations will cover all the
technical and financial aspects of the PPP project or activity; provided, that the minimum
designs, performance standards! specifications and economic parameters stated in the Feasibility
Study and Term s of Reference for the Competi tive Selection are complied with. The Mayor after
being authorized by the Sanggun ian shall approve the terms of the Limited Negotiations prior to
the award of the contract to the PSP.

Sec. 17. Competitive Challenge . - The Competitive Challenge process shall be divided into three
(3) Stages, described as:

tage One/ Unsolicited Proposal - The steps are:

{i) A PSP submits an unsolicited proposal accompanied by a Feasibility Study to the City for
a projected PPP Project.

ii) The PPP-SC shall make an initial evaluation of the proposal and determination of the
eligibility of the PSP.

(iii)Upon completion of the initial evaluation. the Mayor, upon recom mendat ion of the PPP-
SC, shall either issue a certificate of acceptance or non-acceptance of the preposal for
purposes of detailed negotiations.

(iv)If there are more than one unsolicited proposal submitted for the same PPP Proj ect, the
Mayor, upon recommendation of the PPP-SC, may reject all proposals and purs_ ,"""",;,,,-
competitive selection, or accept the unsolicited proposal that is complete and provides the
greater advantage and benefits to the commu nity and revenues to the City.

13
..... No l<
Ordinance No.
13-0 6
• A' O RDI:\ ,\.' n: PI 'RSlT\ (; A Pt 'BLlC. PRI\·,H F. rARr."'o ER"iJIIP iF F") APP RO-4.CII TO \\-.4.RDS
DE\·[lO''' t:.~O\"lDl' G FOR 't~~[DI ·Rr. FOR s n .t:cnSG TI LE PRI\o'ATE SECTO R PRO PO' r.~T•.4.DOPTISG
A CO' TRUT " " AGE".-T FR." EU "' " PROH " "G APPROP. LHlO" " " FOR OTIlER PlKPOSES

Stage Two! Detailed Negotiations - The steps are :

(i) The parties shall negotiate and agree on the tcnns and conditions of the PPP Project
co ncerning its technical and finan cial aspects.

(ii) Once neg otiations are successful , the Parties shall issue a joint cert ification stating that an ~
agreement has been reached and specifying the el igibility of the PSP and the technical
and financial aspects o f the PPP Project as agreed upon .

(iii)The issuance of the certification commences the activities for the solicitation for
comparative proposal s.
~
(iv)However, should negotiations not result to an agreement acceptable to both parties, the
City shall have the optio n to reject the prop osal by informing the PSP in writi ng stating
the grounds for rejectio n and thereaft er may ac cept a new propo sal from other PSPs,
decide to purs ue the proposed act ivity through other PPP Modalities or subjec t the PPP
Project to a Competitive Select ion.

Stage Three! Co mpetitive or Swi ss Challenge - The steps are :

(i) The PPP·SC shall prepare the tender documents. The eligibility criteria used in
determining the eligibility o f the private sector entity shal l be the same as those sta ted in
the tender documents. Proprietary information shall, however. be respected and protected.
and treated with confidentiality. As SUCh. it shall not form pan of the tender and related
documents.

(ii) The Mayor shall app rove all tender documents includ ing the draft co ntrac t before the
publication of the invitation for com parative proposal s.

(iii)The PPP -SC shall publi sh the invit ation for comparative proposals.

(iv)The PSP or Original Proponent shal l post the proposal sec urity at the date of the first day
of the publication o f the invitation for comparative proposals in the amount and form
stated in the tender documents.

(v) In the evaluation of proposal s, the best o ffer shall be determined to include the original
propo sal of the PSP. If the City determines that an otTer made by a comparative PSP or
challenge r other than the negot iated term s with original proponent is superior or more
advantageous to the City than the original propo sal, the PSP who submitted the origin al
propo sal shall be given the right to match s uch superior or mo re advantageous offer.
1
Should no matching offer is received within 45 day s from the date of publication of the
proposal, the PPP Project shal l be awarded to the comparative PSP submitting the most
advantageous proposal. If a matching offer is received with in the prescribed period. the
I
PPP Project shall be awarded to the original proponent. lf no comparative proposal is
received by the City, the PPP Project shal l be immediately awarded to the ,-original
proponent. ~

Sec. 18. Schedules and Timelines. - The City shall have the authority to adopt and prescribe e
appropriate schedules and time1 ines for each PSP selection process: provided, that the periods ~
reasonable and will not undermine free competition, transparency and acco untability.

14
P"" No. 1, 1 3 - 0 6
Urdinancc No. - . \ ' ()KIlI ~'\M_·.: PI KSII:'li( ; " 1> 1 ~IU .l C- P 'U V i\Tt: p..\ Kr 'lrri U {SIIIP WI''') M 'I'ROACII '10W AIWS
Ilt:n:I,O I''1 t::'H. PRO\'Illl'(; H>R '~,II ~ J'.l i.on:m 'IU : lOK s U. t:CTI'C; 1 m : PRIVAT E SECro R "ROI'O:"ElIrril-, A I )()!'T I :'IiG
, (m!R'C\'IA,.\C;",,,,,1 IIU''''''O ' ' " I'RO'lIl l '" ' I' I'ROI'R I'!")" ," " lOR (H il ER PI ReO""

Sec. 19. PPP Contract. ~ (a) The PPP Co ntract shall be signed by the Mayor on behalf of the
City with the priority authorization and/or ratification by the Sangg uniang Panlungsod. and the
duly authorized representative of the PSI' .

(b) The direct and ultimate beneficiary of any PPP Co ntract shall be the constituents of the C i t~
of which every Contract shall require the PSI' to upfron t Twenty Five Million (Php
25,000,000.00) Pesos for the socialized housing project for the inform al settlers of the City or ~
50% of the I% of project cost whiche ver is higher. The money shall be held entrust
independently for land acquisition and/or socialized housing project. The project
implementation sha ll be do ne by Special Board composed of representatives of Sangguniang
Panlungsod to be elected from among themse lves at one ( I) Co uncilor per District who is not
sitting at the PPP-SC and PPP-RA. the City Engineer. City Plannin g Office r and City Housing
Board Officer. The Cha irman of the Board shall be elected from among themselves.

(c) The principal PPP Contract shall describe the PPP Project. the rights. function s, obligations
and responsi bilities of and risks assumed by each of the contracting party. dispute mechanisms
and all other provisions enumerated under Sect ion 5 (v) hereo f.

(d) The other ancillary contrac ts may include insurance contracts; loan agreements; bonds:
guarantee arrangements; equity arrangements: operations and maintenance contracts; and
engineering. procuremen t and construction (ErC) contracts.

Chapter 4. Reg ulatio n and Cont ra ct l\fa nagcmcnf

Sec. 20. PPP Regulatory Authority 's Mandate. - The PPP Regulatory Authority (PPP-RA)
created under this Code shall be tasked with performing contract management functions, such as
partnersh ip management (i.e., co rporate governance . communicat ion and information sharing,
and dispute resolution), performan ce or service delivery management {i.c., risk management and
per formance management), and contract administration (i.e., variat ion management. contract
maintenance and financial administrat ion), for all PPP arrangements entered into by the City.
Aside from the se, the PPP-RA shall be responsible for setting and mon itoring the tari ff. and
administering the subsidy pursuant to the PPP contract.

c. 2 1. Composition of the 1'1'1' Regulatory Authority: - (a) The membership of the PPP-RA
hall be co mposed of the following:

0) Chairperson - The Mayo r or the City Admin istrator if so designated by the

Mayo r;

(ii) Vice-Chairperson - Vice-Mayor

(iii) One ( I) Counci lor to be elected among themselves for every district of the City
provided that the elected Councilor is not sitting at the same time as member of
ppp-sc
,
(iv) City Lega l Officer;

(v) City Treasurer;

(vi) City Planning and Develo pment Officer; and

(vii)
·.

Pag,No. 16 .1. 3..- 0 6

Ordinance No. _ _ • AN O RDINANC r. PI '1JS1 'I!lriG A Pl lBLlC·PRIVAH : PARTJlri ERSIII P (PPP) APrROAC II TOWA IWS
I) EV EI.OI'~IEln. PRO\'IDISG FOR THE PR,OCE[)( TRt: FOR St:U<-'"ING u n: PRIVAn : SE('"OK PROPO'\E!'Iril . ADOPTING
A CONT RALi J\L4. NAGHU:NT )'"RAMt:\\ ltk ND PROVID ING APP ROP RIAnONS AND FOR ornea Pl :RPOS E$

(b) For projects covered by government -to-government jo int PPP undertakings, the
collaborating or partner government entity shall have one (1) representative in the ppp.
RA, provided that such representative shall only sit in meetings of the PPP-RA. or
portions thereof, and have a vote only on matters directly affecting the PPP project
covered by such jo int PPP undertaking. For this purpose, government-to-government
jo int PPP undertakings means such mutual agreement entered into by the City with other ~
local governments. national government agencies, government-owned and -controlled \ :
corporations , government instrumentalities and government corporate entities, for the
implementation of PPP projects that will benefit the City and its community even if the
project site is outside the City' s territory.

(c) The PPP-RA may appoint a contract manager for a PPP project depending on the PPP
contract value, complexity and associated risks. The contract manager shall have the
necessary management skills and technical knowledge of the goods, services or works to
be provided under the PPP contract. The PPP-RA shall determine the manner and source
of payment for the contract manager' s compensation, provided that if a regular employee
of the City is appointed as contract manager. he/she shall not receive additional
compensation for such appointment.

(d) A quorum of the PPP-RA shall be composed ofa simple majority of all voting members.
The Chairperson shall vote only in case of a tic.

(e) The PPP-RA with the approval of the Mayor may invite third party experts to attend its
meetings to act as advisors and observers. Such third party experts may represent national
government agencies. regulatory agencies, the National Economic Development
Authority, the PPP Center, the Department of Interior and Local Governments , private
sector, non-governmental organizations and civic groups.

(f) The PPP-RA may form a support staff composed of employees and personnel of the City.
The PPP-RA may also engage consultants hired pursuant to law.

Sec. 22. Contract Managemen t Manual. - (a) The City Legal Officer, City Treasurer and City
Planning and Development Officer and one of the civil society representatives of the PPP-RA.
acting as the PPP-RA Manual Committee (PPP-RA -MC). shall jointly prepare a contract
management manual for each executed PPP contract, which shall serve as a guide to the City and
its personnel in ensuring a consistent, high quality contract monitoring process that is specific for
such PPP contract.

(b) The contract management manual in (a) shall be submitted to the PPP-RA for approval
within twenty-one (21 ) days from the execution of a PPP contract. provided that, for
outstanding PPP contracts concluded prior to the effectivity of this Code, the contract
management manual shall be submitted to the PPP-RA within one hundred and twenty
days (120) days from the effectivity of this Code and the provisions of this Cede shall
apply mutatis mutandis.

(e) The PPP-RA may accept. reject, or order the revision of the contract management manual
at any time during the life of the PPP project, provided that any revision subsequent to
the first acceptance of the contract management manual at the inception of the PPP
project shall require written notice to the PSP and opportunity to be heard.

(d) If the contract management manual has not been approved by the PPP-RA within sev6i'''''""'''
(7) days from its submission as provided in paragraph (b). the same shall be deemed
issued and appr by the PPP~RA for all purposes.

16
Pege No. 11 t 3 - 06
Ordinance No, _ _ - AS ORUI:"IiASCE PVR.Sl1I:"liG A Pl;RUC-PIUVATE PAKThlCRSIIIP (PPP) APPROA CII TOWA IWS
nt vr tm-stt xr . PR(}\ 'IIlI:'liG FOR TIlE P K . ra r FOR SEl.ECl ISG l Ht: PRJ\',\ n : SECl'OR PHOPO,\;DiT, AIlO PTING
A COS T RACT :'o1ANAGE:\IESTFRAMEWO D PROVIDISG APPROPRIA nONS ASD FOR OT IIER PURPOSES

(e) The PPP-RA shall evaluate e contract management manual quarterly. which shall be
amended as may be necessary . An y amendment to the contract management manual shall
be effective upon the approval of the PPP-RA.

(f) The PPP-RA, all throughout the life of the PPP Contract, shall present. make available
and explain, before and after any material action is taken, all relevant information ~
regarding the implementation of the PPP Contract, the submissions of the PSP and
actions taken by the PPP-RA, to the City Development Council.

Sec . 23. Contents oj the Contract Management Manual. - Each contract managem ent manual
shall include the following information :
~
(a) a description of the PPP project and its history;

(b) a summary of the key terms of the PPP contract;

(c) roles and responsibilities of each member of the PPP-RA and other City personnel and
contractors, as applicable, who are involved in the PPP project;

(d) roles and responsibilities of key personnel of the PSP;

(e) details of the post-award conference ;

(f) partnership management procedures;

(g) performance or service delivery management;

(h) contract administration; and

(i) project closeout procedures.

Sec. 24. Post-Award Conf erence. - (a) Immediately after the PPP contract is awarded, the PPP-
RA Chairperson shall call a post-award conference to ensure that the City and PSP have a clear
and mutual understanding of the terms and conditions of the PPP contract, and to determine the
responsibilities of parties. Notice of the post-award conference shall be sent by the PPP·RA
Chairperson at least five (5) working days before the scheduled date thereof.

(b) The post -award conference shall be attended by the members of the PPP-RA, such
employees and contractors of the City that who be involved in the management of the
PPP contract, and key personnel of the PSP.
i
(c) The PPp·RA Chairperson shall preside at the post-award conference, and shall appoint a
secretary of the conference from the City personnel present.

(d) The minutes of the conference shall be sent to each participant within five (5) days of the
adjournment of the conference.

Sec. 25. Personnel and Training Requirements. - (a) The contract management manual sha'
identify the City personnel involved in contract management, the specific roles an
responsibilities of each, and the skills and technical knowledge required to perform their~~
functions.

(b) Independent contractors may be engaged in the absence of the qualified city personnel,
provided that, except in the case of contract managers engaged in accordance wit
Section S(c), cO.!J1raCtors may only be engaged for a period not exceedi e (3jj.)"ear$
from the effect~~.~ate of the PPP contract. Such contractor shall:
_ _-?---:;;2~",,--_1~
7_ ~?---t:r
Page No. 1& 1 3 - 06
Qrdill3l\l,X No. - .-\.'.\ ORD I'" ....Ct: I'lJl-" l T'G " Pl' BUC·., RI\ "ATE P,ARThI:R.'iIll P (PPPI APPR()\ CII TOWAIUlS
DE\ '[LO"'IE'...'T . PRo\·IDI G FOR r u e PJU)n:m "R[ FOR Sn .ECTI '\G TI l E PR I\ 'AH SECT OR PROPO,\r., ,,• .4.00PTI'G
A CO....T R4.CT U ' .... AGB IE rr ."RUt ... .-\.' D PRO\'IDI....G APPRu r RU.-no xs .' ....D fO R OTIIEMPl'RPOS ES

(i) derstudies: and

(ii) provide a training program for City personnel in his field of specialization, with
such training being done regularly duri ng reg ular office hours.

(e) During the contract life, the City personnel shall undergo such continuous training on
contract monitoring to ensure that the City is equipped to monitor reliably the PSP's
perfo rman ce ove r the entire life of the PPP contract.

Sec. 26. Partnership Management, - Each contract management manual shall identify processes~
to ensure accountability and manage the relati onship between the City and the PSP, and shall ~~
describe: ~

(a) eac h pun y' s governanc e structure, including the o verall system of institutional structures,
operating rules, com pliance mechanism s and accountability proced ures;

(b) guidelines on communication and inform ation sharing between the City and the PSP.
includin g reporting requi rements, frequency and purpose of regular meetings. record-
keeping of all exc hanges, and the acceptable modes of correspo ndence between them;
and

(c) the process for resolv ing disputes between the parties. identifying. among others , the
different leve ls of disp ute resolution, offices and offic ials invo lved. timetable for
resolving such disputes, and possible actions to compel a party to adequately comply with
contractual term s.

Sec. 27. Perf ormance or Service Delivery . - The contract management manual shall identify
measur es to ensure that the services or goods provided by the PSP are in accordance with the /
standards and prices agre ed in the PPP contract. Such measure shall include :

(a) an identification of risks under the PPP contract, the timetable for resolving such risks
when they arise. contingency plans that ensure immediate resumption of services in the
event of an interruption of service deli very by the PSP, and penalties for failing or
refusin g to resolve them, provided that a separate risk mitigation plan shall be developed
and periodically reviewed and updated throughout the life of the contract for contrac ts
with significant risks;

b) clear and dem onstrable key performance indicators that demonstrate evidence of poor ,
satisfactory or non- performance by the PSP. taking into con sideration the cost and value
obtained, performance and customer satisfaction, delivery improvement. delivery
capability, benefits realized and relat ionship strength and responsiveness;
1
a perfo rmance manageme nt plan and perfo rman ce mon itoring system that will be used by
the City to moni tor affo rdability, serv ice delivery. value for mo ney. quality, and
performance improvement, which shall in all cases include:

(i) a timetable and start and end date for each performance component, including
milestones with accompanying timefram es, depe ndencies. required or des ire \
o utcomes, and acceptable performance levels; ... '-\.

(ii) requiremen ts and standards to be used to mon itor PSP performance;

(iii) procedures and guidelines for measuring customer satisfaction and mechan isms to t \

~
solicit end user feedbac k;

18
..... No " t 3 - 0 6
Ordinance No. _ _ • A"Ii O RPI 'lriA 'lriC[ Pl"RSU'G .4. r\"81.IC.PRI\"AT[ PARr.\ER"iJIIP (PPP) .4- ' P NO.4- 0 1 TOWA RDS
DE\ILOr \ Ii:."T.fROHDl'G mNIy p OC[Ol'RE tUR St:U:CTI 'lriG TIl E PRIVATI: SH.I OR PROPO,"[ 'lriT . AOOPTI' C
A covraecr 'I.",'lriAGBIE'\ri"r . -RA. rw il K.,,' ..' 0 PRO\'In I'lriG APP ROP Rl4. T IO'S A'\riD f-OR OTHER rt"RPOSlS

(iv) submission of reg ar, accurate and timely reports by the PSP, City personnel or
the contract manager, as app licable, to the PPP-RA detai ling perfo rmance
monitoring effo rts and the types of information that should be included in such
reports;

(v) City access to PSP records to allow its personnel to verify the information that the
PSP reports to them and to ensure that funds are expended properly;

(vi) random inspections of PSP record s an d o n-s ite mo nitoring visits; and ~
(vii) regular meetings with the PSP to review progress, discuss problems and co nsider ~ .
necessary changes; and ,

(d) a performance review and corrective actions system that apply to non-compliance or
breach of contract, and penalties for non-performance and bonuses for good performance.

Sec . 28. Contract Administration. - The contract management manual shall lay down a contract
administration system, which shall include:

(a) systems and procedures for variation management. the roles and respon sibilities of City
personnel. and reportorial requirements for each event of proposed or successful contrac t
varia tion;

(b) a system for contract maintenance, identifying key contract deliverablcs and schedules, as
well as trigger events; and

(c) systems and procedure for financial adm inistration, including an estimate of the resources
that the City will devote thereto, systems and procedures to make and receive financial
payments. and rules for keeping record s of financial transactions in accordance with the /

requirements of the contract.

Sec. 29. Closeout Procedures. - Formal, written closeout procedures shall be included in contract
management plan to ensure tha t all goods and services have been delivered satisfactorily, all

1
propert ies are disposed accordingly. all City properties are returned. and all amounts due under
the PPP contract have been paid .

Sec. 30. Post-Contract Review. - A post-contract review shall be conducted at the end of a
contract period, which shall include a post-contract analysis, evaluatio n and reporti ng of the PPP
project, the PSP ' s performance, and the City's contract management system. The post-contract
eview shall likewise includ e a financial audit of the enti re PPP projec t and determ ination of
ssons learn ed. City pol icies and procedures sha ll be updated where requi red. Notwithstanding
e requirement herein, if the PPP contract is subject to renewal or extension. the post-contract
re iew shall be conducted with in a reasonable time before the deadl ine for such renewal or
exte nsion .

Sec. 3 1. Document Control. - The PPP-RA sha ll act as the administrato r of doc uments and
correspondence relating to the PPP project and PPP contract. The contract manageme t m
shall:

(a) identify the documents and correspondences that must be retained by the P P-RA;

(b) require that all such documents be kept in both electronic and pape r format du ring
contract life or such longer period as may be required under applicable law; and

lay down the prot I for document storage, logging, accoun

,, Y. disc:JcIOSllrea;;;:~
\- (c) access by the es and the pub lic.
19
Pog' No.20 :1 3 - 0 5
Ord..inwoce No, _ _ • A~ ORDl' .o C[ ' :UlSll:"G .4. r r8UC·PRI\""U. PARThlR,SHIP (, p r) .4. P PR0 4.C II T OW ARDS
DE\Llor" IE1'llT . PRO\lOl'liG.-oR Ti l ' KOCEDl'R t: tUR su.rcnv c TIl E PRI\'ATF.SECTOR PROPO'F.!'o"T, . U>OPTI'liC
A CO"iTRU."T MA:'IiAGBI£.ST t-R.t, ORK.A.'O PRO'"IDI."C APPROP RI,\TIO'S A'D FO R otura PlKPOSES

Chapter 5. ACCO~il ity, In form ation, Ed ucation a nd Mo nitoring

Sec . 32 . Code a/ Conduct. - Before commencing the ir functions, eac h member of the PPP~S C
and PPP-RA and the contract manager shall sign a Code of Conduct. which shall guide each
member in the performance of the ir duties as such.

Such Code of Co nduct shall require each member to, among others:

(a) act at all times in accordance with relevant legislat ion and regulations;

(h) act at all times with fidelit y. honesty, integrity and in the best interests of the City and its
constituents;

(c) reco gnize the public' s right to access to information in accordance with law;

(d) not misuse his or her position and privileges of a member of the PPP-SC and PPP-RA.
whether or not such will prejudice the interest of the public, the PSP . or any third person;

(e) to take the utm ost care in ensurin g reasonable protection of the record s of each PPP
project. and to not disc lose any confi dential and proprietary information to person s
without a need to know such info rmation, or in violation of any non-disclosure
requirements und er law o r contract;

(f) carry out his or her duti es with the skill and care expected from a person of knowledge
and experience, and to exercise prudent j udgment;

(g) forthwith report to the approp riate authorities any act of negligence, fra ud, corrupt ion,
misuse of government funds. failure or refusal to perform dut ies, or any other act which
may constitute an crim e or offense. or which is prejudicial to the public interest, in the
selectio n of the PSP and implementa tion ofa PPP contract;

(h) forthwith dec lare any personal or business interest tha t he or she. or any of his or her
relat ives within the fourth degree of affi nity or con sanguinity, may have in any business
of a PSP, in which case, the official o r represen tative shall no lon ger be a member of the
PPP- SC and PPP-RA;

i) forthwith dec lare any conflict of interest. inso far as the PPP Project concerned, that he or
she ma y have or will have , in which case. the official or representative sha ll not longer be
a member of the PPP -SC and PPP-RA;

G) not vote or act in a particular way on any matter in consideration of any ofTer, promi se,
gift or prese nt, from a member of the public, government, a political party. social group
or non-governmental organization. or any stakeholder or potential stakeho lder;

(k) not receive any gift or anything else of value which is o r may be viewed as aimed at
influencing or dire cting his or her vote or act ions; and ~.

(\) to disc lose imm ediately to the PPP- SC or PPP-RA as the case may be. any attemp
inducement that may be construed as aimed at influencing or directing his or her acts as
mem ber of the PPP-S C and PPP-RA.

20
.",No21 '1 3 - 0 6
Ordinance No. _ ' _ • A~ O k Dl'l;A:"oCE P U lSl T \C A Pl "811C· PRI\'AT E " .4.ROERSIIIP IPP") ArPHO.-\CH TOWA RDS
DEn lOp:\I E:"I- r. FROYlDl;.iG FOR JIIJ:..rROCEDr Rt: m R SULCTI'G TilE pRI\',-\TE srcros PROro" El'H . ADOPl T'lriC
A <.-O,\TlU ,CT '1"".-\G BIE'\'- f-a4.)d:\\{»u.:. A.' O r ROnO I'\C APP RO PRlATlO,\S A.'Ir;O . "OR Onl t:K Pl "Rrosr.s

Sec. 33. Disciplinary Action. - Violation of this Code and the Code of Conduct insofar as
provincial elective officials are concerned shall constitute a ground for disciplinary action or
amount to loss of confidence under the 199 1 LGC and relevant laws, and with regards local
appointive officials, such violation shall render them administratively liable. Officials may also
be rendered criminally liable under applicable laws and ordinances. Representatives of the PSP
shall be held liable for damages, offenses and crimes depending on the nature of their
participation and involvement in the unlawful act or omission.

Sec. 34. Liability. - The City and its officials, in undertaking a PPP project, selecting a PSP and
implementing a PPP contract, shall not be exempt from liability for death or injury to persons or
damage to property.

Sec. 35. Social Accountability . - The City shall ensure, promote and eliminate all obstac les to
social acco untability and allow and enhance constructive engagement between citizens' groups,
academe, consumers, rate-payers, general public, City, national government agencies, regulatory
agencies, and PSP.

Sec. 36. Transparency and Right 10 Information. - The PPP Contract, feasibility studies, bidding
documents, terms of reference, results of the PSP selection process, Code of Conduct, Contract
Management Manual, minutes of the post-award conference, PPP-RA, and PPP-RA-MC, and
other relevant documents and instruments shall be posted in two conspicuous places of the City
and uploaded in a dedicated website of the PPP-RA which can be freely accessed by the public. ,
The City shall also implement a strategic communication plan addressed to all stakeholders.

Sec. 37. Capability-Building Program. - (a) The City shall design and implement a continuing
education and capacity-building program on PPPs for its officials, and the members of the PPP-
SC and PPP-RA.

(b) The City shall also undertake a comprehensive and sustained education and governance
campaign aimed at informing all stakeholders and civil society organizations about PPPs
ventures of the City and allowing them to participate in the overall PPP program of the City. The
program shall include strategic and annual evaluation and planning sessions, workshops,
seminars, focus-group discussions on PPPs, market opportunities, projects, management of
contracts and regulation of PPPs and other PPP-related topics.

(c) The City may tap consultants to assist them in implementing PPPs and in building capability
for PPPs.

ec. 38. Monitoring and Go vernance Audit Program. - The City, in order to ensure transparency
a d accountability, shall encourage civil society organizations, people's and non-governmental
or ization and civic aggrupations to establish a PPP monitoring, evaluation and governance
au body functionally and fiscally independent from the City and other government institutions.

Sec. 39. Technical and Financial Assistance. - The Department of Interior and Local
Government, Department of Finance, Department of Budget and Management, National
Economic and Development Authority and the PPP Center shall extend technical and financial
assistance to the City and such assistance shall be embodied in a memorandwn of understand ing
or agreement.

Chapter 6. Fina l Provisions

Sec. 40. Appropriations. - To carry out the provisions of this Code, the amount of Five Hun~
Thousand (Php 500,000 .00) Pesos shall be appropriated, to be taken from any available sav·f.,"n;;g*'''''
of the City. Thereafter, such sum shall be included in the annual budge f the City. The
disbursement of the ds under this ord inance shall be done in accordan with .s 109
Commission on Au ' CGA) rules and regulations.
21
"'No_22
Ordinance: No
1 3 •-,,-_,0ORDI:'
6 Iii."-....ce FI "R.Sn"' G "-'- FI "Bue ·PRIVATi: U R-r'UlS IIIF I......) A"" RO_-\CH TOWARDS
DE\"l LOF' IE:..' T. PRO\"IDI:'IiiG FOR Till PROC [DI "R[ HJ R SlUCTI"liG 11n: PRI\'AT£ srCTOR PROPO "'[:,\T. ADOpn:'\G
A CO~'1iT lUcr \I A:'Iii AGBI£.' T I'-IU M£WO RK, .cvn PRO\ 'IDI'C APPROPRIATlO :'liiS A:'\IiD I-URonn:R Pl -RPOSES

Sec. 41. Implementing Rules, - While this Code and the provisions hereof are already operative
upon the Code's effectivity, the Mayor may issue the appropriate and relevant rules and
regulation for the proper implementation of the Code or its provisions. including the issuance of
relevant mechanisms to insure competition. manuals. guidelines, sample contracts and bid
documents, PPP indexes and comparators. and performance scorecards.

Sec, 42, Application of Laws and Regulations . - This Code shall apply to all existing PPPs and
those PPP projects which not have been awarded. Whenever relevant and appropriate as
detennined by the Mayor and in the absence of a specific provision to the contrary. upon
recomm endation of the PPP-SC and PPP-RA as the case may be. the provisions of Republic Act
No. 6957 as amended by R.A. No. 7718 or the BOT Law, R.A. 9184 or the Government ~ ,
Procuremen t Reform Act. Executive Order No. 301 (26 July 1987), Commission on Audit ~
Circ ular No. 89-296 (January 27, 1989), and their applicable rules and regulations, and the Joint '::::
Venture Guidelines adopted by the National Economic Development Authority shall apply in a
suppletory manner. All relevant laws and contracts shall be deemed read into PPP contracts.

Sec. 43. Separability Clause . - If, for any reaso n. any section or provision of this Code or any
part thereof. or the application of such section. provision or portion is declared invalid or
unconstitutional. the remainde r thereof shall not be affected by such declaration.

Sec. 44. Repealing Claus e. - All ordinances and resoluti ons or parts thereof inconsistent with the
provisions of this Code are hereby repealed or modified accordingly.

Sec. 45. Effectivity. - This Code shall take elTect fifteen (15) days after compliance with
requirement of posting and/o r publication. - ;""-'

ENACTED this 18'" day of April, 20 13 at Paranaque City

C ERTI ( ED TRUE AND CO RRECT:

~""",~
.,
A~~ . ;I~N O C. SANDIL
ity Council Secretary

ORED BY:

110 ARLITO D. ANTIP UESTO

..-.n, Counc ilor
CONC URRED BY:

{a bsent) C L-
ERIC L. ot.rvAR EZ
City Councilor

(absent)
EDWIN R. IIENZON RO . LLEP.NAYA ~.
City Councilor Co~ncilo~
(absent)
FLORENCIO C. BERNABE III
City Councilor
JASON P. WEBB
City Councilor
I
22
Page No. 23 :1 3 - 0 6
Ordinance No. • AN O KDlNA ~ ' [ I'lR'i l'lNG A PUBLlC· PRI VATE PARThf: RSIIIP (PP P) APP ROACH TO WARDS
DF.VF.tOP.\lt:NT. PRO\ 'IIJI:'IIG mR T : p~On:m ;Rt: I-'OR St:U :Cfl SG r ue PRI\'ATf: srcro u PIUWO:'llt:NT. AUO..-nSG
A COSTRACT l'tIASAGUIEi'IoT . "RAME ) AS D PRO VlDll"lG APPROPRIATIOSS AS O FOR OTIIER PL:RPOSES

IA N.AMURAO

i; 4/'2 11'P'7
RICA D -'i]BAES, J R. ;"';'i,,'.INCIONG
City C u ilor

(sic k leave )
JOHN RYAN G. YLLANA . ALLANIGUE
C ity Councilor lor

(sick leav
LIC CONCHITA S. BUSTAMANTE
City Co uncilor

(official business)
T EODORO C. VIRATA, JR.
- -+-;", President

MARIE CAMILL ANANSALA

SK President

AI'I'ROVED BY:

FLORENCIO M. BEI6lAil E, JR.

City Mayor

"'-c._ _ .--"23