SyCipLaw has contributed a special report on recent infrastructure developments to legal publication Conventus Law, shedding light on the evolving landscape of public-private partnership (PPP) projects in the Philippines. The report, which delves into the impact of recent amendments to the Build-Operate-Transfer (BOT) Law and the PPP Code (PPP Code), explores key legal and regulatory trends shaping the future of infrastructure in the country. SyCipLaw Partner Bhong Paulo A. Macasaet is the report’s principal author.
The report examines the consolidation of fragmented PPP regulations under the PPP Code, which repeals the BOT Law and its Implementing Rules and Regulations (IRR), creating a unified legal framework for both BOT and joint venture projects. This regulatory overhaul, which aligns with the current administration’s focus on maximizing PPP initiatives, paves the way for the Philippines to leverage its significant infrastructure pipeline valued at approximately PhP2.86 trillion by 2025.
The report also discusses the impact of the PPP Code on procurement processes, evolving risk allocation mechanisms between public and private entities, and the regulatory environment for foreign contractors and investors. It notes as well the effects of the amendment to the Public Service Act, which has broadened opportunities for foreign participation in large-scale infrastructure projects.
The report also addresses certain key practical legal considerations, such as environmental sustainability, dispute resolution, the importance of due diligence, and compliance with social safeguards when navigating right-of-way acquisition and resettlement issues.
Access the full report on the Conventus Law website.