From Law

The Public-Private Partnership Law Review

In 1990, Republic Act No. 6957 (the BOT Law) was enacted to provide a legal framework for PPP arrangements, particularly, through BOT and build–transfer (BT) arrangements. Amendments to the BOT Law were introduced in 1994 through Republic Act No. 7718, which serves to broaden the types of PPP schemes and introduce provisions governing unsolicited proposals, direct negotiations and special incentives for certain registered projects. —Marievic G Ramos-Añonuevo and Arlene M Maneja, partners at SyCip Salazar Hernandez & Gatmaitan

Public-Private Partnership Program of the Philippines

Unsolicited proposals for projects may be accepted by any government agency or local government unit on a negotiated basis: Provided, That, all the following conditions are met: [1] such projects involve a new concept or technology and/or are not part of the list of priority projects, [2] no direct government guarantee, subsidy or equity is required, and [3] the government agency or local government unit has invited by publication, for three [3] consecutive weeks, in a newspaper of general circulation, comparative or competitive proposals and no other proposal is received for a period of sixty [60] working days: Provided, further, That in the event another proponent submits a lower price proposal, the original proponent shall have the right to match that price within thirty [30] working days. —Republic Act No. 7718

ADB Public-Private Partnership Handbook

Public-Private Partnerships are long-term contracts between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance. —PPP Knowledge Lab (World Bank)

Aaron Swartz (half-tone), via The Daily Beast (Image)

Who Is Aaron Swartz

After his death, Mr. Swartz has come to symbolize a different debate over how aggressively governments should pursue criminal cases against people like Mr. Swartz who believe in “freeing” information. (2013)

This law* makes startup sense

If your idea of life and success is to go to school, get good grades, get a job, buy a car, buy a house, get married, retire, and complete that sort of loop, you’ll probably be fine. But you’re not gonna change the world by being boring, bored, or both with that. *Youth Entrepreneurship Act, Republic Act No. 10679. Image: Jake Bowerman, North Texas Daily

Are Lawyers a bug or a feature?

For one thing, she must be willing to give up her plush office and lucrative salary for a computer station at a long table and compensation in the form of prayers, otherwise known as stock options. Lawyers at startups need to recognize that a workable answer today is often preferable to the perfect answer tomorrow; hand-wringers need not apply. But risk tolerance must be accompanied by a stiff spine in situations where the company’s momentum (and the CEO’s vision) hurtles on a collision course with the law (HBR).

Constitution for the Federal Republic

The more popular proposal to change our presidential to a parliamentary system is only one of the two vitally needed structural changes in our traditional form of government. The other is the shift from our highly centralized unitary system—that treats the local governments as dependent colonies of the national government—to a modern decentralized federal system. Without this even more important constitutional reform, political leaders in the new parliamentary system will happily continue to exercise the centralized governmental power of the old unitary system as their imperial prerogative (CMFP, Jose V. Abueva, ed).

Federal Republic of the Philippines

Under the proposed Federal Republic of the Philippines, government powers will be allocated between the national or federal government and the states with their local governments. The states will be coterminous with the ten administrative and socioeconomic regions. To the federal government will be allocated such powers and functions as national defense and security, foreign relations, the monetary system, custom and tariffs, and the national judiciary (Jose V. Abueva).