TREATIES AND OTHER INTERNATIONAL ACTS SERIES 11-525

________________________________________________________________________

ECONOMIC ASSISTANCE

Millennium Challenge Compact 

Between the 

UNITED STATES OF AMERICA

and the PHILIPPINES

Signed at New York September 23, 2010

with

Annexes 
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
PHILIPPINES

Economic Assistance

 Millennium Challenge Compact

 signed at New York September 23, 2010;

 Entered into force May 25, 2011.

 With annexes.
MILLENNIUM CHALLENGE COMPACT 

BETWEEN 

THE UNITED STATES OF AMERICA 

ACTING THROUGH 

THE MILLENNIUM CHALLENGE CORPORATION 

AND 

THE REPUBLIC OF THE PHILIPPINES 
MILLENNIUM CHALLENGE COMPACT 

TABLE OF CONTENTS 

Page

Article 1. Goal and Objectives .......................................................................................... 1

Section 1.1 Compact Goal ............................................................................................. 1

Section 1.2 Program Objective ...................................................................................... 1

Section 1.3 Project Objectives ....................................................................................... 1

Article 2. Funding and Resources ..................................................................................... 2

Section 2.1 Program Funding ........................................................................................ 2

Section 2.2 Compact Implementation Funding ............................................................. 2

Section 2.3 MCC Funding ............................................................................................. 3

Section 2.4 Disbursement .............................................................................................. 3

Section 2.5 Interest......................................................................................................... 3

Section 2.6 Government Resources; Budget ................................................................. 3

Section 2.7 Limitations on the Use of MCC Funding ................................................... 4

Section 2.8 Taxes and Contributions ............................................................................. 4

Article 3. Implementation ................................................................................................. 5

Section 3.1 Program Implementation Agreement .......................................................... 5

Section 3.2 Government Responsibilities ...................................................................... 5

Section 3.3 Policy Performance ..................................................................................... 5

Section 3.4 Government Assurances ............................................................................. 6

Section 3.5 Implementation Letters ............................................................................... 6

Section 3.6 Procurement ................................................................................................ 6

Section 3.7 Records; Accounting; Covered Providers; Access ..................................... 6

Section 3.8 Audits; Reviews .......................................................................................... 7

Article 4. Communications ............................................................................................... 8

Section 4.1 Communications ......................................................................................... 8

Section 4.2 Representatives ........................................................................................... 9

Article 5. Termination; Suspension; Refunds ................................................................. 10

Section 5.1 Termination; Suspension .......................................................................... 10

Section 5.2 Refunds; Violation .................................................................................... 11

Section 5.3 Survival ..................................................................................................... 11

Article 6. Compact Annexes; Amendments; Governing Law ........................................ 12

Section 6.1 Annexes..................................................................................................... 12

Section 6.2 Amendments ............................................................................................. 12

Section 6.3 Inconsistencies .......................................................................................... 12
 TOC - ii 

Section 6.4 Governing Law ......................................................................................... 12

Section 6.5 Additional Instruments.............................................................................. 12

Section 6.6 References to MCC Website ..................................................................... 13

Section 6.7 References to Laws, Regulations, Policies, and Guidelines ..................... 13

Section 6.8 MCC Status ............................................................................................... 13

Section 6.9 Counterparts; Electronic Delivery ............................................................ 13

Article 7. Entry Into Force .............................................................................................. 14

Section 7.1 Conditions Precedent to Entry into Force ................................................. 14

Section 7.2 Date of Entry into Force ........................................................................... 14

Section 7.3 Compact Term .......................................................................................... 14

Section 7.4 Provisional Application ............................................................................ 14

Article 8. Additional Government Covenants ................................................................. 14

Section 8.1 Project Covenants ..................................................................................... 14

Annex I: Program Description 

Annex II: Multi-Year Financial Plan Summary 

Annex III: Description of the Monitoring and Evaluation Plan 

Annex IV: Conditions to Disbursement of Compact Implementation Funding 

Annex V: Definitions 
MILLENNIUM CHALLENGE COMPACT 

PREAMBLE 

This MILLENNIUM CHALLENGE COMPACT (this “Compact”) is between the United States 

of America, acting through the Millennium Challenge Corporation, a United States government 

corporation (“MCC”), and the Republic of the Philippines (“the Philippines”), acting through its 

government (the “Government”), represented by its Department of Finance. 

MCC and the Government are individually referred to in this Compact as a “Party” and together, 

as the “Parties.” Capitalized terms used in this Compact will have the meanings specified in 

Annex V hereto. 

Recalling that the Government consulted with the private sector and civil society of the 

Philippines to determine the priorities for the use of Millennium Challenge Account assistance 

and developed and submitted to MCC a proposal for such assistance to achieve lasting economic 

growth and poverty reduction; and 

Recognizing that MCC wishes to help the Philippines implement a program to achieve the goal 

and objectives described herein (the “Program”). 

The Parties agree as follows: 

ARTICLE 1. 

GOAL AND OBJECTIVES 

Section 1.1 Compact Goal. The goal of this Compact is to reduce poverty through economic 

growth in the Philippines (the “Compact Goal”). 

Section 1.2 Program Objective. The objective of the Program is to: (a) increase the incomes 

of Filipinos through the benefits of community-driven sub-projects; (b) obtain time savings and 

lower transportation costs for road users in Program areas; and (c) increase investment and 

government expenditure due to an increase in tax revenue and a reduction in corruption (as 

further described in Annex I, the “Program Objective”). 

Section 1.3 Project Objectives. The objectives of the Projects (as further described in 

Annex I) (each a “Project Objective” and collectively, the “Project Objectives”) are as follows: 

(a) The objectives of the KALAHI-CIDSS Project (as defined in Annex I) are to: (i) 

improve the responsiveness of local governments to community needs; (ii) encourage 

communities to engage in development activities; and (iii) deliver benefits to barangay residents 

through individual sub-projects. 

(b) The objectives of the Secondary National Roads Development Project (as defined 

in Annex I) are to: (i) save time; and (ii) lower vehicle operating costs for those Filipinos living 

near the roads. 
 2 

(c) The objectives of the Revenue Administration Reform Project (as defined in 

Annex I) are to: (i) increase tax revenues over time; and (ii) support the Department of 

Finance’s initiatives to detect and deter corruption within its revenue agencies. 

ARTICLE 2. 

FUNDING AND RESOURCES 

Section 2.1 Program Funding. 

Upon entry into force of this Compact, MCC will grant to the Government, under the terms of 

this Compact, an amount not to exceed Four Hundred Eight Million Eight Hundred Fifty 

Thousand United States Dollars (US$408,850,000) to support the Program (“Program

Funding”). The allocation of Program Funding is generally described in Annex II to this 

Compact. 

Section 2.2 Compact Implementation Funding. 

(a) Upon signature of this Compact, MCC hereby grants to the Government, under 

the terms of this Compact, in addition to the Program Funding described in Section 2.1, an 

amount not to exceed Twenty-Five Million Sixty Thousand United States Dollars 

(US$25,060,000) (“Compact Implementation Funding”) under Section 609(g) of the 

Millennium Challenge Act of 2003, as amended (the “MCA Act”), for use by the Government as 

agreed by the Parties, which may include use for the following purposes: 

(i) project management activities for the KALAHI-CIDSS Project; 

(ii) procurement and establishment of a project management company for the 

Secondary National Roads Development Project; and 

(iii) technical assistance for advisory services for the Revenue Administration 

Reform Project. 

The allocation of Compact Implementation Funding is generally described in Annex II to this 

Compact. 

(b) In accordance with Section 7.4 of this Compact, this Section 2.2 and other 

provisions of this Compact necessary to make use of Compact Implementation Funding for the 

purposes set forth herein, will be effective, for purposes of Compact Implementation Funding 

only, as of the date this Compact is signed by MCC and the Government. 

(c) Each Disbursement of Compact Implementation Funding is subject to satisfaction 

of the conditions to such Disbursement as set forth in Annex IV. 

(d) If, after the first anniversary of this Compact entering into force, MCC determines 

that the full amount of Compact Implementation Funding under Section 2.2(a) of this Compact 

exceeds the amount which reasonably can be utilized for the purposes and uses set forth in 

Section 2.2(a) of this Compact, MCC, by written notice to the Government, may withdraw the 
 3 

excess amount, thereby reducing the amount of the Compact Implementation Funding as set 

forth in Section 2.2(a) (such excess, the “Excess CIF Amount”). In such event, the amount of 

Compact Implementation Funding granted to the Government under Section 2.2(a) will be 

reduced by the Excess CIF Amount, and MCC will have no further obligations with respect to 

such Excess CIF Amount. 

(e) MCC, at its option by written notice to the Government, may elect to grant to the 

Government an amount equal to all or a portion of such Excess CIF Amount as an increase in the 

Program Funding, and such additional Program Funding will be subject to the terms and 

conditions of this Compact and any relevant supplemental agreement applicable to Program 

Funding. 

Section 2.3 MCC Funding. 

Program Funding and Compact Implementation Funding are collectively referred to in this 

Compact as “MCC Funding.” 

Section 2.4 Disbursement. 

In accordance with this Compact and the Program Implementation Agreement, MCC will 

disburse MCC Funding for expenditures incurred in furtherance of the Program (each instance, a 

“Disbursement”). Subject to the satisfaction of all applicable conditions, the proceeds of such 

Disbursements will be made available to the Government, at MCC’s sole election, by (a) deposit 

to one or more bank accounts established by the Government through MCA-Philippines and 

acceptable to MCC (each, a “Permitted Account”) or (b) direct payment to the relevant provider 

of goods, works or services for the implementation of the Program. MCC Funding may be 

expended only to fund Program expenditures as provided in this Compact and the Program 

Implementation Agreement. 

Section 2.5 Interest. Except as otherwise agreed by MCC, the Government will transfer to 

MCC any interest or other earnings that accrue on MCC Funding (whether by directing such 

payments to a bank account outside the Philippines that MCC may from time to time indicate or 

as otherwise directed by MCC). 

Section 2.6 Government Resources; Budget. 

(a) The Government will provide all funds and other resources, and will take all 

actions, that are necessary to carry out the Government’s responsibilities and obligations under 

this Compact. 

(b) The Government will provide suitable and adequate office space for MCAPhilippines, the Fiscal Agent, the Procurement Agent, and the MCC resident country mission. 

(c) The Government will ensure that all MCC Funding it receives or is projected to 

receive in each of its fiscal years is fully accounted for in its annual budget on a multi-year basis. 
 4 

(d) The Government will not reduce the normal and expected resources that it would 

otherwise receive or budget from sources other than MCC for the activities contemplated under 

this Compact and the Program. 

(e) Unless the Government discloses otherwise to MCC in writing, MCC Funding 

will be in addition to the resources that the Government would otherwise receive or budget for 

the activities contemplated under this Compact and the Program. 

(f) Without limitation of its obligations under Section 2.6(a) above, the Government 

shall: (i) contribute funding to MCA-Philippines as described in Section 16 of the Establishment 

Decree and in compliance with Section 2.13 of the Program Implementation Agreement; and (ii) 

fund all costs in excess of those budgeted for the Program, as set forth in Annex II (as such may 

be modified in accordance with the terms thereof), in order to ensure the full and complete 

implementation of the Program. 

Section 2.7 Limitations on the Use of MCC Funding. The Government will ensure that MCC 

Funding (or any refunds or reimbursements of MCC Funding paid by the Government in 

accordance with this Compact that MCC permits to be used in connection with the Program) will 

not be used for any purpose that would violate United States law or policy, as specified in this 

Compact or as further notified to the Government in writing or by posting from time to time on 

the MCC website at www.mcc.gov (the “MCC Website”), including, but not limited to, the 

following purposes: 

(a) for assistance to, or training of, the military, police, militia, national guard or 

other quasi-military organization or unit; 

(b) for any activity that is likely to cause a substantial loss of United States jobs or a 

substantial displacement of United States production; 

(c) to undertake, fund or otherwise support any activity that is likely to cause a 

significant environmental, health, or safety hazard, as further described in MCC’s environmental 

and social guidelines posted from time to time on the MCC Website or otherwise made available 

to the Government by MCC (the “MCC Environmental Guidelines”); or 

(d) to pay for the performance of abortions as a method of family planning or to 

motivate or coerce any person to practice abortions, to pay for the performance of involuntary 

sterilizations as a method of family planning or to coerce or provide any financial incentive to 

any person to undergo sterilizations or to pay for any biomedical research which relates, in whole 

or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means 

of family planning. 

Section 2.8 Taxes and Contributions. The Government will ensure that no MCC Funding will 

be used for the payment of any existing or future taxes, customs duties, social security and other 

employment-related contributions, or other similar charges of the Government or any other 

governmental entity (national or sub-national, including of provinces, cities, municipalities, 

barangays, and other local governmental entities) in the Philippines (“Taxes and 

Contributions”), in accordance with Section 2.4 of the Program Implementation Agreement. 
 5 

ARTICLE 3. 

IMPLEMENTATION 

Section 3.1 Program Implementation Agreement. Prior to entry into force of this Compact, 

the Government and MCC will enter into an agreement relating to, among other matters, 

implementation arrangements, fiscal accountability, and the disbursement and use of MCC 

Funding (the “Program Implementation Agreement” or “PIA”). The Government will 

implement the Program in accordance with the Compact and the PIA. 

Section 3.2 Government Responsibilities. 

(a) The Government has principal responsibility for overseeing and managing the 

implementation of the Program. 

(b) The Government hereby designates MCA-Philippines, an entity established 

through the issuance of Executive Order No. 849 of the Government (as amended, the 

“Establishment Decree”), as the accountable entity to implement the Program and to exercise 

and perform the Government’s rights and responsibilities with respect to the oversight, 

management, and implementation of the Program, including, without limitation, managing the 

implementation of Projects and their Activities, allocating resources, and managing 

procurements. Such entity will be referred to herein as Millennium Challenge AccountPhilippines (“MCA-Philippines”), and has the authority to bind the Government with regard to 

all Program Activities. The Establishment Decree will remain in form and substance satisfactory 

to MCC. For the avoidance of doubt, the designation of MCA-Philippines as set forth in this 

Section 3.2(b) will not relieve the Government of any of its obligations or responsibilities as set 

forth hereunder, under any related agreement (including, upon execution thereof, the PIA), or 

under the Program Guidelines, for which the Government remains fully responsible. MCC 

hereby acknowledges and consents to the designation in this Section 3.2(b). 

(c) The Government will ensure that no law or regulation in the Philippines now or 

hereinafter in effect makes or will make unlawful or otherwise prevent or hinder the performance 

of any of the Government’s obligations under this Compact, the PIA, or any other related 

agreement or any transaction contemplated hereby or thereby. 

(d) The Government will ensure that any assets or services funded in whole or in part 

(directly or indirectly) by MCC Funding are used solely in furtherance of this Compact and the 

Program unless otherwise agreed by MCC in writing. 

(e) The Government will take all necessary or appropriate steps to achieve the 

Program Objective and the Project Objectives during the Compact Term. 

(f) The Government will fully comply with the Program Guidelines, as applicable, in 

its implementation of the Program. 

Section 3.3 Policy Performance. In addition to undertaking the specific policy, legal, and 

regulatory reform commitments identified in Annex I (if any), the Government will seek to 
 6 

maintain and to improve its level of performance under the policy criteria identified in Section 

607 of the MCA Act, and the selection criteria and methodology used by MCC. 

Section 3.4 Government Assurances. The Government assures MCC that, as of the date this 

Compact is signed by the Government, the information provided to MCC by or on behalf of the 

Government in the course of reaching agreement with MCC on this Compact is true, correct and 

complete in all material respects. 

Section 3.5 Implementation Letters. From time to time, MCC may provide guidance to the 

Government in writing on any matters relating to this Compact, MCC Funding, or 

implementation of the Program (each, an “Implementation Letter”). The Government will apply 

such guidance in implementing the Program. Without limiting the foregoing, either Party may, 

through its Principal Representative or any Additional Representative, as the case may be, 

initiate discussions that may result in a jointly agreed-upon Implementation Letter to confirm and 

record their mutual understanding on aspects related to the implementation of this Compact, the 

PIA, or other related agreements. 

Section 3.6 Procurement. The Government will ensure that the procurement of all goods, 

works, and services by the Government, or any applicable provider providing goods, works, and 

services, to implement the Program will be consistent with the program procurement guidelines 

posted from time to time on the MCC Website (the “MCC Program Procurement Guidelines”). 

The MCC Program Procurement Guidelines include, among others, the following requirements: 

(a) open, fair, and competitive procedures must be used in a transparent manner to 

solicit, award and administer contracts and to procure goods, works, and services; 

(b) solicitations for goods, works, and services must be based upon a clear and 

accurate description of the goods, works, and services to be acquired; 

(c) contracts must be awarded only to qualified contractors that have the capability 

and willingness to perform the contracts in accordance with their terms on a cost effective and 

timely basis; 

(d) no more than a commercially reasonable price, as determined, for example, by a 

comparison of price quotations and market prices, will be paid to procure goods, works, and 

services; and 

(e) such procurement of goods, works, and services by the Government, or any 

applicable provider providing goods, works, and services, to implement the Program will not be 

subject to any domestic preference, local content, or local labor requirements. 

Section 3.7 Records; Accounting; Covered Providers; Access. 

(a) Government Books and Records. The Government will maintain, and will use its 

best efforts to ensure that all Covered Providers maintain, accounting books, records, documents, 

and other evidence relating to the Program adequate to show, to MCC’s satisfaction, the use of 

all MCC Funding (“Compact Records”). In addition, the Government will furnish or cause to be 

furnished to MCC, upon its request, all such Compact Records. 
 7 

(b) Accounting. The Government will maintain, and will use its best efforts to ensure 

that all Covered Providers maintain, Compact Records in accordance with generally accepted 

accounting principles prevailing in the United States, or at the Government’s option and with 

MCC’s prior written approval, other accounting principles, such as those (i) prescribed by the 

International Accounting Standards Board, or (ii) then prevailing in the Philippines. Compact 

Records must be maintained for at least five (5) years after the end of the Compact Term or for 

such longer period, if any, required to resolve any litigation, claims or audit findings or any 

statutory requirements. 

(c) Providers and Covered Providers. Unless the Parties agree otherwise in writing, a 

“Provider” is (i) any entity of the Government that receives or uses MCC Funding or any other 

Program Asset in carrying out activities in furtherance of this Compact, or (ii) any third party 

that receives at least Fifty Thousand United Stated Dollars (US$50,000) in the aggregate of 

MCC Funding (other than as salary or compensation as an employee of an entity of the 

Government) during the Compact Term. A “Covered Provider” is (1) a non-United States 

Provider that receives (other than pursuant to a direct contract or agreement with MCC) Three 

Hundred Thousand United States Dollars (US$300,000) or more of MCC Funding in any 

Government fiscal year or any other non-United States person or entity that receives, directly or 

indirectly, Three Hundred Thousand United States Dollars (US$300,000) or more of MCC 

Funding from any Provider in such fiscal year, or (2) any United States Provider that receives 

(other than pursuant to a direct contract or agreement with MCC) Five Hundred Thousand 

United States Dollars (US$500,000) or more of MCC Funding in any Government fiscal year or 

any other United States person or entity that receives, directly or indirectly, Five Hundred 

Thousand United States Dollars (US$500,000) or more of MCC Funding from any Provider in 

such fiscal year. 

(d) Access. Upon MCC’s request, the Government, at all reasonable times, will 

permit, or cause to be permitted, authorized representatives of MCC, an authorized Inspector 

General, the United States Government Accountability Office, any auditor responsible for an 

audit contemplated herein or otherwise conducted in furtherance of this Compact, and any agents 

or representatives engaged by MCC or the Government to conduct any assessment, review, or 

evaluation of the Program, the opportunity to audit, review, evaluate, or inspect facilities and 

activities funded in whole or in part by MCC Funding. 

Section 3.8 Audits; Reviews. 

(a) Government Audits. Except as the Parties may otherwise agree in writing, the 

Government will, on at least a semi-annual basis, conduct, or cause to be conducted, financial 

audits of all Disbursements of MCC Funding covering the period from signing of this Compact 

until the earlier of the following December 31 or June 30 and covering each six-month period 

thereafter ending December 31 and June 30, through the end of the Compact Term. In addition, 

upon MCC’s request, the Government will ensure that such audits are conducted by an 

independent auditor approved by MCC and named on the list of local auditors approved by the 

Inspector General of MCC (the “Inspector General”) or a United States–based certified public 

accounting firm selected in accordance with the “Guidelines for Financial Audits Contracted by 

MCA” (the “Audit Guidelines”) issued and revised from time to time by the Inspector General, 

which are posted on the MCC Website. Audits will be performed in accordance with the Audit 
 8 

Guidelines and be subject to quality assurance oversight by the Inspector General. Each audit 

must be completed and the audit report delivered to MCC no later than ninety (90) days after the 

first period to be audited and no later than ninety (90) days after each June 30 and December 31 

thereafter, or such other period as the Parties may otherwise agree in writing. 

(b) Audits of United States Entities. The Government will ensure that agreements 

between the Government or any Provider, on the one hand, and a United States nonprofit 

organization, on the other hand, that are financed with MCC Funding state that the United States 

nonprofit organization is subject to the applicable audit requirements contained in OMB Circular 

A-133, “Audits of States, Local Governments, and Non Profit Organizations,” issued by the 

United States Government Office of Management and Budget. The Government will ensure that 

agreements between the Government or any Provider, on the one hand, and a United States forprofit Covered Provider, on the other hand, that are financed with MCC Funding state that the 

United States for-profit organization is subject to audit by the applicable United States 

Government agency, unless the Government and MCC agree otherwise in writing. 

(c) Corrective Actions. The Government will (i) use its best efforts to ensure that 

Covered Providers take, where necessary, appropriate and timely corrective actions in response 

to audits, (ii) consider whether the results of a Covered Provider’s audit necessitates adjustment 

of the Government’s records, and (iii) require each such Covered Provider to permit independent 

auditors to have access to its records and financial statements as necessary. 

(d) Audit by MCC. MCC will have the right to arrange for audits of the 

Government’s use of MCC Funding. 

(e) Cost of Audits, Reviews or Evaluations. MCC Funding may be used to fund the 

costs of any audits, reviews, or evaluations required under this Compact. 

ARTICLE 4. 

COMMUNICATIONS 

Section 4.1 Communications. Any document or communication required or submitted by 

either Party to the other under this Compact must be in writing and, except as otherwise agreed 

with MCC, in English. For this purpose, the address of each Party is set forth below. The 

Government will provide to MCC any information that is missing from below. 
 9 

To MCC: 

Millennium Challenge Corporation 

Attention: Vice President, Compact Operations 

(in each case, with a copy to the Vice President and General Counsel) 

875 Fifteenth Street, NW 

Washington, DC 20005 

United States of America 

Facsimile: (202) 521-3700 

Telephone: (202) 521-3600 

Email: VPOperations@mcc.gov (Vice President, Compact Operations) 

 VPGeneralCounsel@mcc.gov (Vice President and General Counsel) 

To the Government: 

Attention: Secretary of Finance 

(in each case, with a copy to the Undersecretary for International Finance 

Group) 

Address: 6/F, DOF Building, Department of Finance 

Bangko Sentral ng Pilipinas Complex 

Roxas Boulevard 

Manila 1004 Philippines 

Facsimile: (632) 523-9495 / (632) 523-9216 

Telephone: (632) 523-9215 / (632) 523-9911 

Email: mcccompact@dof.gov.ph 

To MCA-Philippines: 

Attention: Managing Director 

Address: Room Nos. 602-604, 6/F EDPC Building 

Bangko Sentral ng Pilipinas Complex 

Roxas Boulevard 

Manila 1004 Philippines 

Contact details on the facsimile number, telephone number, and email address will be 

provided in writing to MCC by MCA-Philippines 

Section 4.2 Representatives. For all purposes of this Compact, the Government will be 

represented by the individual holding the position of, or acting as, the Secretary of Finance and 

MCC will be represented by the individual holding the position of, or acting as, Vice President, 

Compact Operations (each of the foregoing, a “Principal Representative”). Each Party, by 

written notice to the other Party, may designate one or more additional representatives (each, an 

“Additional Representative”) for all purposes other than signing amendments to this Compact. 

The Government hereby irrevocably designates the Managing Director of MCA-Philippines as 

an Additional Representative. A Party may change its Principal Representative to a new 

representative that holds a position of equal or higher rank upon written notice to the other Party. 
 10 

ARTICLE 5. 

TERMINATION; SUSPENSION; REFUNDS 

Section 5.1 Termination; Suspension. 

(a) Either Party may terminate this Compact without cause in whole by giving the 

other Party thirty (30) days written notice. MCC may also terminate this Compact without cause 

in part by giving the Government thirty (30) days written notice. 

(b) MCC may, immediately, upon written notice to the Government, suspend or 

terminate this Compact or MCC Funding, in whole or in part, and any obligation related thereto, 

if MCC determines that any circumstance identified by MCC in writing to the Government as a 

basis for suspension or termination has occurred, which circumstances include, but are not 

limited, to the following: 

(i) the Government fails to comply with its obligations under this Compact, 

the PIA, or any other agreement or arrangement entered into by the Government in connection 

with this Compact or the Program; 

(ii) an event or series of events has occurred that MCC determines makes it 

probable that the Program Objective or any of the Project Objectives will not be achieved during 

the Compact Term or that the Government will not be able to perform its obligations under this 

Compact; 

(iii) a use of MCC Funding or continued implementation of this Compact or 

the Program violates applicable law or United States Government policy, whether now or 

hereafter in effect; 

(iv) the Government or any other person or entity receiving MCC Funding or 

using assets acquired in whole or in part with MCC Funding is engaged in activities that are 

contrary to the national security interests of the United States; 

(v) an act has been committed or an omission or an event has occurred that 

would render the Philippines ineligible to receive United States economic assistance under Part I 

of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), by reason of the 

application of any provision of the Foreign Assistance Act of 1961 or any other provision of law; 

(vi) the Philippines is classified as a Tier 3 country in the United States 

Department of State’s annual Trafficking in Persons Report; 

(vii) the Government has engaged in a pattern of actions inconsistent with the 

criteria used to determine the eligibility of the Philippines for assistance under the MCA Act; or 

(viii) the Government or another person or entity receiving MCC Funding or 

using assets acquired in whole or in part with MCC Funding is found to have been convicted of a 

narcotics offense or to have been engaged in drug trafficking. 
 11 

(c) All Disbursements will cease upon expiration, suspension, or termination of this 

Compact; provided, however, MCC may permit MCC Funding to be used, in compliance with 

this Compact and the PIA, to pay for (i) expenditures for goods, works, or services that are 

properly incurred under or in furtherance of the Program before expiration, suspension, or 

termination of this Compact, and (ii) reasonable expenditures (including administrative 

expenses) properly incurred in connection with the winding up of the Program within one 

hundred twenty (120) days after the expiration, suspension, or termination of this Compact, so 

long as, with respect to (i) and (ii) herein, the request for such expenditures is submitted within 

ninety (90) days after such expiration, suspension, or termination. 

(d) Subject to Section 5.1(c), upon the expiration, suspension, or termination of this 

Compact, (i) any amounts of MCC Funding not disbursed by MCC in accordance with the 

Compact and the PIA will be automatically released from any obligation in connection with this 

Compact, and (ii) any amounts of MCC Funding disbursed to the Permitted Account by MCC 

but not expended before the expiration, suspension or termination of this Compact, plus accrued 

interest thereon will be returned to MCC within thirty (30) days after the Government receives 

MCC’s request for such return; provided, however, that if this Compact is suspended or 

terminated in part, MCC may request a refund for only the amount of MCC Funding allocated to 

the suspended or terminated portion. For the avoidance of doubt, interest will accrue from the 

date of the violation and will be calculated at the 10-year U.S. Treasury Note rate prevailing as 

of the close of business in Washington, DC as of the date of MCC’s request for payment. 

(e) MCC may reinstate any suspended or terminated MCC Funding under this 

Compact if MCC determines that the Government or other relevant person or entity has 

committed to correct each condition for which MCC Funding was suspended or terminated. 

Section 5.2 Refunds; Violation. 

(a) If any MCC Funding, any interest or earnings thereon, or any asset acquired in 

whole or in part with MCC Funding is used for any purpose in violation of the terms of this 

Compact or the PIA, including, but not limited to, any violation of the Program Guidelines, then 

MCC may require the Government to repay to MCC in United States Dollars the value of the 

misused MCC Funding, interest, earnings, or asset, plus interest within thirty (30) days after the 

Government’s receipt of MCC’s request for repayment. For the avoidance of doubt, interest will 

accrue from the date of the violation and will be calculated at the 10-year U.S. Treasury Note 

rate prevailing as of the close of business in Washington, DC as of the date of MCC’s request for 

payment. The Government will not use MCC Funding, proceeds thereof or Program Assets to 

make such payment. 

(b) Notwithstanding any other provision in this Compact or any other agreement to 

the contrary, MCC’s right under this Section 5.2 for a refund will continue during the Compact 

Term and for a period of (i) five (5) years thereafter, or (ii) one (1) year after MCC receives 

actual knowledge of such violation, whichever is later. 

Section 5.3 Survival. The Government’s responsibilities under Sections 2.4, 2.6, 2.7, 2.8, 3.7, 

3.8, 5.1(c), 5.1(d), 5.2, 5.3, 6.2 , and 6.4 of this Compact will survive the expiration, suspension, 

or termination of this Compact. 
 12 

ARTICLE 6. 

COMPACT ANNEXES; AMENDMENTS; GOVERNING LAW 

Section 6.1 Annexes. Each annex to this Compact constitutes an integral part hereof, and 

references to “Annex” mean an annex to this Compact unless otherwise expressly stated. 

Section 6.2 Amendments. 

(a) The Parties may amend this Compact only by a written agreement signed by the 

Principal Representatives. 

(b) Without amending this Compact, the Government hereby acknowledges and 

agrees that the Parties may, through the Principal Representative or any Additional 

Representative, in writing agree to modify any Annex to this Compact to (i) suspend, terminate 

(including the termination of a Project Objective), or modify any project described in Annex I

(each, a “Project” and collectively, the “Projects”) or to create a new project, (ii) change the 

allocations of funds from what is set forth in Annex II as of the date hereof, or (iii) add, delete, or 

waive any condition precedent described in Annex IV, provided that any such modification, (1) 

is consistent in all material respects with the Program Objective, (2) does not cause the amount 

of Program Funding to exceed the aggregate amount specified in Section 2.1 of this Compact (as 

may be modified by operation of Section 2.2(e) of this Compact), (3) does not cause the amount 

of Compact Implementation Funding to exceed the aggregate amount specified in Section 2.2(a) 

of this Compact, (4) does not cause the Government’s responsibilities or contribution of 

resources to be less than specified in this Compact, (5) does not extend the Compact Term, and 

(6) in the case of a modification to change allocations of funds among Projects or the creation of 

a new Project, does not materially adversely affect any components under the Program 

Administration and Audits or Monitoring and Evaluation line items in Annex II. 

(c) Any modification of any Annex to this Compact signed in accordance with 

Section 6.2(b), or any modification of any other provision of this Compact pursuant to Section 

6.2(a), will be binding on the Government without the need for further action by the 

Government, any further Congressional action, or satisfaction of any additional legal 

requirements of the Philippines. 

Section 6.3 Inconsistencies. In the event of any conflict or inconsistency between: 

(a) any Annex to this Compact and any of Article 1.1 and Articles 2 through 8, such 

Article 1.1 and Articles 2 through 8, as applicable, will prevail; or 

(b) this Compact and any other agreement between the Parties regarding the Program, 

this Compact will prevail. 

Section 6.4 Governing Law. This Compact is an international agreement and as such will be 

governed by the principles of international law. 

Section 6.5 Additional Instruments. Any reference to activities, obligations, or rights 

undertaken or existing under or in furtherance of this Compact or similar language will include 
 13 

activities, obligations, and rights undertaken by or existing under or in furtherance of any 

agreement, document, or instrument related to this Compact and the Program. 

Section 6.6 References to MCC Website. Any reference in this Compact, the PIA, or any 

other agreement entered into in connection with this Compact, to a document or information 

available on, or notified by posting on, the MCC Website will be deemed a reference to such 

document or information as updated or substituted on the MCC Website from time to time. 

Section 6.7 References to Laws, Regulations, Policies, and Guidelines. Each reference in this 

Compact, the PIA, or any other agreement entered into in connection with this Compact, to a 

law, regulation, policy, guideline, or similar document (including, but not limited to, the Program 

Guidelines) will be construed as a reference to such law, regulation, policy, guideline, or similar 

document as it may, from time to time, be amended, revised, replaced, or extended and will 

include any law, regulation, policy, guideline, or similar document issued under or otherwise 

applicable or related to such law, regulation, policy, guideline, or similar document. 

Section 6.8 MCC Status. MCC is a United States government corporation acting on behalf of 

the United States government in the implementation of this Compact. MCC and the United 

States government have no liability under this Compact, the Program Implementation 

Agreement, or any related agreement, are immune from any action or proceeding arising under 

or relating to any of the foregoing documents, and the Government hereby waives and releases 

all claims related to any such liability. In matters arising under or relating to this Compact, the 

Program Implementation Agreement, or any related agreement, neither MCC nor the United 

States government will be subject to the jurisdiction of the courts of the Philippines or of any 

other jurisdiction or of any other body. 

Section 6.9 Counterparts; Electronic Delivery. 

(a) Counterparts. Signatures to this Compact, the Program Implementation 

Agreement, and any amendments to these agreements will be signed on the same page, except in 

the case of amendment via exchange of letters or diplomatic notes. Any other documents arising 

out of this Compact may be signed in one or more counterparts. Such counterparts when 

delivered and taken together will constitute a single document. 

(b) Electronic Delivery. A signature to this Compact, the Program Implementation 

Agreement, and any amendments to such agreements, will be an original signature. With respect 

to any other documents arising out of this Compact, a signature delivered by facsimile or 

electronic mail in accordance with Section 4.1 of this Compact will be deemed an original 

signature and will be binding on the Party delivering such signature, and the Parties hereby 

waive any objection to such signature or to the validity of the underlying document, certificate, 

notice, instrument, or agreement on the basis of the signature’s legal effect, validity or 

enforceability solely because it is in facsimile or electronic form. 
 14 

ARTICLE 7. 

ENTRY INTO FORCE 

Section 7.1 Conditions Precedent to Entry into Force. Before this Compact enters into force: 

(a) The PIA must have been signed by the parties thereto; 

(b) The Government must have delivered to MCC: 

(i) a legal opinion from the Secretary of Justice of the Philippines (or such 

other legal representative of the Government acceptable to MCC), in form and substance 

satisfactory to MCC; and 

(ii) complete, certified copies of all decrees, legislation, regulations, or other 

governmental documents relating to the Government’s domestic requirements for this Compact 

to enter into force, which MCC may post on the MCC Website or otherwise make publicly 

available; and 

(c) MCC must determine that, after signature of this Compact, the Government has 

not engaged in a pattern of actions inconsistent with the eligibility criteria for MCC Funding. 

Section 7.2 Date of Entry into Force. This Compact will enter into force on the date of the 

last letter in an exchange of letters between the Principal Representatives confirming that each 

Party has completed its domestic requirements for entry into force of this Compact and that the 

conditions precedent to entry into force of Section 7.1 have been met. The letter from the 

Government will contain an affirmation of the Government’s commitment to its obligations 

hereunder and under the Program Implementation Agreement. 

Section 7.3 Compact Term. This Compact will remain in force for five (5) years after its 

entry into force, unless terminated earlier under Section 5.1 (the “Compact Term”). 

Section 7.4 Provisional Application. Upon signature of this Compact and until this Compact 

has entered into force in accordance with Section 7.2, the Parties will provisionally apply the 

terms of this Compact and the PIA; provided that, no Program Funding will be made available or 

disbursed before this Compact enters into force. 

ARTICLE 8. 

ADDITIONAL GOVERNMENT COVENANTS 

Section 8.1 Project Covenants. 

 (a) KALAHI-CIDSS Project. With regard to the KALAHI-CIDSS Project, the 

Government agrees that: 

 (i) Throughout the Compact Term, the Department of Social Welfare and 

Development (“DSWD”) will use the classification system approved by MCC to assess and 
 15 

classify every proposed sub-project, and provide the engineering design and oversight support 

appropriate to the classification of such sub-project; and 

 (ii) For those municipalities that are randomly selected to be included in the 

control group, DSWD will not (1) provide KALAHI-CIDSS funding, or (2) provide other 

programs of DSWD on a systematic basis, in both cases for the duration of the Compact Term. 

 (b) Revenue Administration Reform Project. With regard to the Revenue 

Administration Reform Project, the Government agrees to implement the following prior to the 

initial disbursement of any Program Funding for the Revenue Administration Reform Project: 

 (i) To the full extent allowed by existing law, procedures shall be put in place 

wherein decisions of the Commissioner of Internal Revenue and the Commissioner of Customs 

in all graft-related cases shall be transmitted promptly to the Secretary of Finance, the head of 

the Revenue Integrity Protection Service created under Executive Order No. 259, s. 2003, who 

shall then immediately forward them to the Revenue Integrity Protection Service to review the 

said cases and determine their compliance with existing laws and procedures. If warranted by 

the evidence on record and any additional evidence it gathers, the Revenue Integrity Protection 

Service shall file the necessary complaint(s) with the office of the ombudsman or other 

appropriate administrative body or agency of competent jurisdiction. 

 (ii) The Revenue Integrity Protection Service shall actively exercise its 

powers pursuant to Executive Order No. 259, to ensure the proactive pursuit of graft-related 

programs, policies and procedures by the internal inspection units of the revenue agencies under 

the Department of Finance. These actions shall include, but may not be limited to, the conduct 

of operational audits of said units. 

 (iii) The Bureau of Internal Revenue and the Bureau of Customs internal audit 

units will be reorganized directly under the Office of the Commissioner. 

SIGNATURE PAGE FOLLOWS ON THE NEXT PAGE

ANNEX I 

PROGRAM DESCRIPTION 

This Annex I describes the Program that MCC Funding will support in the Philippines during the 

Compact Term. 

A. PROGRAM OVERVIEW

1. Background and Consultative Process. 

The Philippines was declared eligible for MCC assistance in March 2008. With a population of 

approximately 90 million inhabitants, the 7,107 islands of the Philippines cover a combined area 

of 115,830 square miles. Despite unprecedented growth gains over the past decade, 

accompanied by moderate inflation, the Philippines continues to face severe constraints to 

reducing poverty. In an effort to prioritize its development spending, the Government elaborated 

a national medium-term development plan and several sector strategies, and undertook an 

analysis of constraints to economic growth. Priorities were identified for increased social sector 

spending, improvements to basic infrastructure, and improvements to governance, and were 

confirmed through a number of national, regional, and local consultations from early 2007 

through early 2009. 

The Program has been designed by the Government, building upon initiatives from numerous 

donors, non-governmental organizations, and the domestic private sector to spur growth in 

economically depressed or vulnerable regions and to provide a platform for continued poverty 

reduction efforts. The Program will enable the Government to increase resources available for 

high-priority expenditures and target Government initiatives toward some of the poorest regions 

and municipalities in the archipelago. 

2. Program Objective.

The Program Objective is to: (a) increase the incomes of Filipinos through the benefits of 

community-driven sub-projects; (b) obtain time savings and lower transportation costs for road 

users in Program areas; and (c) increase investment and government expenditure due to an 

increase in tax revenue and a reduction in corruption. 

3. Environmental and Social Safeguards. 

The Program will be implemented in compliance with the MCC Environmental Guidelines, 

MCC guidance on the integration of gender in program implementation, and MCC’s guidance on 

the implementation of resettlement activities (or any other MCC policy comparable to the World 

Bank’s Operational Policy on Involuntary Resettlement in effect as of July 2007) (“OP 4.12”). 

The Government will also ensure that the Projects comply with all national environmental laws 

and regulations, licenses and permits, except to the extent such compliance would be inconsistent 

with this Compact. The Government will: (a) cooperate with any ongoing environmental 

review, or if necessary undertake and complete any additional environmental reviews required 

by MCC or under the laws of the Philippines; (b) implement to MCC’s satisfaction 
ANNEX I - 2 

environmental and social mitigation measures identified in such environmental review; and (c) 

fund the costs of environmental mitigation (including costs of resettlement) that exceed the MCC 

Funding specifically allocated for such costs in the budget for any Project. To maximize the 

positive social impacts of the program, the Government will take steps to address cross-cutting 

social and gender-specific issues, including, but not limited to, combating human trafficking and 

HIV/AIDS, during Compact implementation. 

B. DESCRIPTION OF THE PROJECTS

Set forth below is a description of each of the Projects that the Government will implement, or 

cause to be implemented, using MCC Funding to advance the applicable Project Objective. In 

addition, specific activities that will be undertaken within each Project (each, an “Activity”), 

including sub-activities, are described. 

1. KALAHI-CIDSS Project.

(a) Background. 

The Philippines lags significantly behind other countries in the region with respect to 

government development expenditures as a percentage of GDP and infrastructure investment and 

quality. The Asian Development Bank’s 2007 growth diagnostic report found that inadequacies 

in infrastructure are a critical constraint to growth and that the availability of basic infrastructure 

(water, sanitation, roads, electricity) is regressive. While human capital was not found to be a 

critical constraint to growth, inadequate human capabilities are often an underlying cause of 

poverty. Provision and use of education and health services were found to vary across regions, 

particularly as a function of incomes. Community driven development projects are a strategy for 

addressing these constraints and providing community empowerment and poverty reduction. In 

the past, they have been used to support a wide range of community priority needs including 

provision of water supply and nutrition programs for women and children; building of school, 

day care and health facilities, farm to market roads, foot bridges, and drainage systems; and 

support for productive enterprises such as pre- and post-harvest facilities as well as community 

capacity building. 

Kapit bisig Laban sa Kahirapan (“Linking Arms Against Poverty”) – Comprehensive Integrated 

Delivery of Social Services (“KALAHI-CIDSS”) is a community driven development project 

implemented by DSWD of the Philippines. Through KALAHI-CIDSS, communities 

(“barangays” or villages) are trained, together with their local governments, both at the 

barangay and the municipal level, to choose, design and implement sub-projects that are 

intended to address their most pressing needs. This is done through a four-year program, which 

includes one year of “social preparation” training for communities, barangays and 

municipalities, followed by 3 “cycles” of sub-project implementation. The KALAHI-CIDSS 

project to be funded by MCC (the “KALAHI-CIDSS Project”) is an expansion of an initial 

KALAHI-CIDSS project (“KC1”) that was implemented between 2003 and 2010. KC1 was 

funded by a loan from the World Bank. During KC1 implementation, the World Bank and 

DSWD were able to ensure that the project incorporated lessons learned and reinforced elements 

that had been shown to work well. 
ANNEX I - 3 

The KALAHI-CIDSS Project is particularly well suited to the sociopolitical environment in the 

Philippines. Following decentralization, local governments have a responsibility to provide 

basic services, yet suffer from a lack of development resources. This issue is compounded by the 

geographic distribution of poverty in the Philippines. Poverty in the country is correlated with 

rural isolation and distance from towns and urban centers, meaning that the communities that 

have the greatest needs for basic services are the ones that are most difficult to reach. 

Community-driven development offers an alternative, needs-based approach that provides 

development resources for basic services directly to the poorest communities, specifically 

targeting those in far-flung areas, while at the same time building the capacity of local 

government to be responsive to these needs over time. It is because of this contextualized 

approach that KC1 has already met with considerable success. 

(b) Project. 

The objectives of the KALAHI-CIDSS Project are to: 

 Improve the responsiveness of local governments to community needs; 

 Encourage communities to engage in development activities; and 

 Deliver benefits to barangay residents through the individual sub-projects. 

In conjunction with DSWD, MCC will incorporate a number of enhancements to KC1 into the 

KALAHI-CIDSS Project, all of which are supported by lessons learned from KC1 and desires 

expressed by KALAHI-CIDSS Project stakeholders. These refinements include, but are not 

limited to: (i) dedicated gender staff positions and gender-focused activities, including the 

provision of “gender incentive grants” to communities; (ii) reinforced financial controls on the 

Project, including an additional set of transaction and technical audits; (iii) dedicated staff 

positions to explore private-sector involvement opportunities within municipalities included in 

the KALAHI-CIDSS Project; (iv) development of a set of user-friendly community tools to 

assess environmental impact and ensure the KALAHI-CIDSS Project’s environmental 

sustainability; (v) a management information system to enable a much greater level of data 

capture at the barangay and municipal level, including a “geographic information system” 

component; (vi) a rigorous impact evaluation to assess the KALAHI-CIDSS Project’s impact on 

social capital and welfare measures using a rigorous random selection technique that allows the 

measurement of attribution; and (vii) support for a joint advisory board to oversee the impact 

evaluation, composed of members from MCC, MCA-Philippines, the World Bank, DSWD, the 

National Economic Development Authority, and local academics. 

The KALAHI-CIDSS Project will cover municipalities that have a poverty incidence higher than 

the national average and that are not in the Mindanao island group. The KALAHI-CIDSS 

Project consists of the following Activities: 

(i) Capacity Building and Implementation Support Activity. 

MCC Funding will be granted to DSWD to provide the staff salaries and trainings for the DSWD 

frontline workers, known as the area coordinating teams. These teams are made up of a standard 
ANNEX I - 4 

staffing complement and there will be one team for each municipality in the KALAHI-CIDSS 

Project. The role of the area coordinating team is to carry out the “Community Empowerment 

Activity Cycle.” This framework follows a progression of strategies and activities as a gradual 

“hand off” to local government of responsibilities takes place over the course of three cycles. 

During each cycle, barangays hold a series of meetings that are facilitated by members of the 

area coordinating team at which barangay residents identify and prioritize constraints to 

economic activities within their communities and then identify and prioritize solutions to these 

constraints. Finally, the barangay selects one constraint and associated solution for presentation 

by elected community representatives to the “Municipal Inter-Barangay Forum.” At the 

municipal level, two Municipal Inter-Barangay Forums are held, the first to determine the 

criteria by which the community representatives will prioritize the barangay sub-projects for 

funding and the second to prioritize them according to such criteria. At the conclusion of each of 

the three cycles of sub-project implementation, there is a transition and reporting period. The 

entire Community Empowerment Activity Cycle process is facilitated by the area coordinating 

team, with various team members responsible for ensuring that processes are transparent and in 

accordance with the KALAHI-CIDSS Project manuals as revised by MCC. This Activity also 

supports the existing grievance redress system. 

(ii) Grants for Community Projects Activity. 

MCC Funding will be granted to DSWD, to be used by DSWD to plan and implement 

community-chosen sub-projects in accordance with the KALAHI-CIDSS Project manuals 

approved by MCC. Specifically, the KALAHI-CIDSS Project provides grants for livelihood 

activities and the construction, repair and improvement/upgrading of small-scale rural 

infrastructure sub-projects identified by the community. The municipalities and barangays in 

which sub-project activities will occur will make cash and in-kind contributions (including 

partially-paid labor and local materials) to the sub-projects equal, in each case, to at least 30 

percent of the total sub-project costs. The grant allocated to the municipal local governments to 

fund sub-project implementation is proportionate in size to the number of barangays within that 

municipality. Suppliers and contractors will be selected according to the procedures in the 

“Community-Based Procurement System.” This procurement system was specifically designed 

for implementing the KALAHI-CIDSS Project taking into account the nature of the 

procurements, the local market conditions and the local capacities. At the community level an 

“Audit and Inventory Committee” is responsible for auditing the financial records and reports of 

the community and conducting a regular inventory of all properties acquired by the community. 

The community’s books and records are open at all times to all members of the community for 

inspection. 

Communities have the opportunity to select from a variety of sub-projects, many which involve 

the selection, design, and construction of small infrastructure sub-projects. DSWD—in 

cooperation with local governments—will build the capacity of communities through trainings 

and other methods and provide guidance and oversight throughout the process. In cooperation 

with DSWD, MCC will create a detailed risk profiling system for sub-projects and a 

complementary risk-based management approach to oversight that may affect the way that the 

grants are spent within the Grants for Community Project Activity. 
ANNEX I - 5 

(iii) Project Management Activity. 

MCC Funding will be granted to DSWD to provide salaries and training for DSWD project 

management staff at the regional and national level. These funds will also be used for the office 

space, conferences, capacity building and project monitoring associated with the project 

management activity. Goods to support this activity will be procured by MCA-Philippines. 

(c) Beneficiaries. 

In the project catchment areas (i.e. those municipalities that will receive support from the 

KALAHI-CIDSS Project), 16 to 20 percent of the households have a female head, while the 

young and elderly constitute a significant fraction of the expected beneficiaries. The Project is 

expected to benefit approximately 5.2 million Filipinos 20 years after the Compact enters into 

force. Of these, 39 percent consume below the poverty line of US$2 (in 2005 PPP US dollars) 

per day (compared to 28 percent of the national population). As for the extreme poor, 13 percent 

of the Project’s beneficiaries consume below US$1.25 a day (compared to 9 percent of the 

national population). And as for the non-poor, only 26 percent of this Project’s beneficiaries 

consume above US$4 a day (as opposed to 38 percent of the national population). Overall, the 

Project is well-targeted to the poor. 

(d) Donor Coordination. 

MCC worked closely with the World Bank on issues of targeting and impact evaluation strategy 

over the course of project development in 2009. As of January 2010, the World Bank intends to 

provide an additional loan to expand KC1. The World Bank and MCC plan to continue close 

collaboration during and beyond the scope of this additional funding and share lessons learned 

with each other and with DSWD as KALAHI-CIDSS continues to mature and develop towards a 

potential national expansion that could involve many other donors. MCC will also be joining 

DSWD’s donor forum related to KALAHI-CIDSS. 

(e) USAID. 

The United States Agency for International Development (“USAID”) has had significant 

experience with community-based development that targets poor communities, and the “Growth 

with Equity in Mindanao” Program has provided a number of lessons for the implementation of 

the KALAHI-CIDSS Project as it relates to small-infrastructure construction specifically. 

Approximately 60 percent of USAID’s program funding is provided to Mindanao and the agency 

aims to continue these investments and others like it in the region. Therefore, USAID, the World 

Bank and MCC agreed that MCC would concentrate its KALAHI-CIDSS Project in the Luzon 

and Visayas regions thereby broadening the reach of such programs throughout the Philippines. 

(f) Sustainability. 

The implementation methods used in this Project emphasize transparency and accountability in 

local decision making, attributes which enable small infrastructure sub-projects to contribute to a 

more empowered citizenry, a more responsive government and ultimately to more sustainable 

community assets. The process of involving communities in sub-project activities builds their 
ANNEX I - 6 

capacity to take charge of their own development within the KALAHI-CIDSS Project and 

beyond, reduces corruption, increases accountability for the use of resources and results in more 

and better distributed assets as communities build a sense of ownership around these assets. 

DSWD will use a set of sustainability and functionality evaluation tools to assess MCC-funded 

sub-projects and will target those sub-projects experiencing sustainability-related difficulties 

with additional resources to resolve them. MCC’s risk profiling and risk management approach 

described above will also contribute to sub-project sustainability by ensuring that the most riskprone projects are designed and constructed to minimize risk, reducing the likelihood of subproject failure. 

The sustainability of the KALAHI-CIDSS Project and its ability to attract new and continued 

resources from both the Government and other donors is closely related to its ability to 

demonstrate continuing project successes as it moves towards a national scale. MCC Funding 

will be used for a robust impact evaluation that will assist the Government in evaluating the 

effectiveness of the community-driven development model. 

2. Secondary National Roads Development Project. 

(a) Background. 

Road transportation is the dominant transport mode in the Philippines, accounting for 53 percent 

of freight ton-kilometers and 89 percent of passenger ton-kilometers. The Philippines has a total 

road network of about 200,000 km, including about 29,000 km of national roads. Approximately 

79 percent of the national arterial roads are paved, and 48 percent of these require rehabilitation1

. 

Inter- and intra-island transport systems have a crucial role in supporting the economic 

development of the widely dispersed regions of the Philippine archipelago. However, the 

present inadequate condition of infrastructure facilities and lack of reliable, safe, and efficient 

transport services significantly hamper the movement of passengers and cargo throughout the 

country, thus limiting direct internal and external trade links and tourism, and constituting a 

major constraint to increased regional economic growth. This is particularly true in many poor 

areas of the Philippines, where adequate accessibility has the potential to lower marketing costs 

for local agricultural products, improve access of the local population to social services and 

economic opportunities, and be a catalyst for investments to develop local resources. 

(b) Project. 

The objectives of the Project to be funded by MCC in respect of the sections of the Samar road 

described below (the “Secondary National Roads Development Project”) are to: (i) save time; 

and (ii) lower vehicle operating costs for those Filipinos living near the roads. This Project 

consists of the following Activity: 

 

1

 “Philippines: Critical Development Constraints,” Asian Development Bank, December 2007. 
ANNEX I - 7 

(i) Samar Road Activity. 

MCC Funding will be used to reconstruct and rehabilitate 220 km of the Samar road crossing the 

provinces of Samar and Eastern Samar, of which approximately 180 km will undergo 

reconstruction/major rehabilitation while 40 km will receive only minor rehabilitation, as well as 

the replacement or upgrading of associated structures, such as bridges and culverts, to eliminate 

flooding and improve road safety. The road begins at the junction of Highway-Buray Wright 

(km 827+200) in Samar, and traverses eastward along primarily mountainous terrain to Taft (km 

890+000). From Taft, it continues southward, along the coastline of Eastern Samar, ending in 

the town of Guiuan (km 1047+300). The section of road from Wright to Taft is an important 

east-west corridor providing inter-provincial connection between Samar and Eastern Samar. The 

section of the road from Taft to Guiuan provides the only access to 13 coastal municipalities. 

The capital of Eastern Samar, Borongan, is located centrally on this section of the road. 

(1) Construction costs. These costs include, without limitation, 

pavement rehabilitation and strengthening, embankment construction, road safety improvements, 

replacement or upgrading of associated structures, such as bridges, drainage systems and 

culverts, and any activity associated with the environmental management plan developed with 

respect to the Samar Road Activity. 

(2) Non-construction costs. These costs include, without limitation, 

studies, construction supervision, environmental and social mitigation (including resettlement), 

and other project management costs and technical assistance to be incurred in connection with 

the Samar Road Activity. 

(c) Beneficiaries. 

A 2006 household survey shows that in this Project’s regions, two of the most common 

occupations for household heads are farmers and drivers. These people would be expected to 

rely significantly on transportation infrastructure. The survey indicates, in addition, that from 16 

to 20 percent of households have a female head, while the young and elderly constitute 

significant fractions of household members in the Project regions. Improvement of the road will 

benefit the users and owners of motorized vehicles, including laborers, enterprises, consumers 

and tourists. Estimates of the total number of beneficiaries are based upon a percentage of the 

populations of municipalities through which this road will pass. 

The beneficiary analysis conducted as part of the project appraisal process has estimated that 

approximately 282,000 people will benefit from rehabilitation of the Samar road. Thirteen 

percent of the beneficiaries are estimated to consume below the poverty line of US$1.25 per day 

in 2005 PPP US dollars, while 42 percent of project beneficiaries are estimated to consume 

below US$2 per day. Relative to the national distribution of consumption, the beneficiaries of 

the Samar road are substantially poorer. Aggregated over 25 years, beneficiaries are expected to 

accumulate an increment equal to 86 percent of their 2009 annual (median) income due to this 

Project. 
ANNEX I - 8 

(d) Donor Coordination. 

The Secondary National Road Development Project is anchored on preliminary work undertaken 

with the assistance of Japan Bank for International Cooperation (now known as the Japan 

International Cooperation Agency), which was instrumental in identifying viable priority road 

segments eligible for MCC investments. 

MCC has coordinated closely with the World Bank on the ongoing efforts in: (i) road sector 

reform; (ii) improving the adequacy of the “Special Road Support Fund” (as described below); 

(iii) improving governance structure for the Special Road Support Fund; (iv) standardizing 

measures and approaches used to combat corruption and to increase accountability (funded by 

the Australian Agency for International Development) during project execution; and (v) 

standardizing technical audits. 

(e) USAID. 

While USAID is not currently active in secondary national road rehabilitation in the Philippines, 

USAID’s “Growth with Equity in Mindanao” Program mentioned above includes the 

development of road infrastructure. 

(f) Sustainability. 

There are two main sources of public finance for the national road network: (i) the General 

Appropriations Act; and (ii) a “Special Road Support Fund” that is financed by the imposition of 

a motor vehicle user charge. The overall resources devoted to the national road sector have 

increased considerably since 2004. 

Despite the large increases, there remains a considerable gap (about 30 billion Philippine pesos) 

between the sector’s need and the projected resource allocation. To meet the overall needs of the 

sector and reduce the existing gap, greater funding is required from three sources. The first 

source is increased government budgetary allocations for the sector. The second source is the 

private sector, the resources of which can be utilized for network expansion when roads involve 

expressways that can be subject to tolling arrangements. The third source of revenue is the 

Special Road Support Fund. To improve sustainability, the Government needs to augment 

revenues from the motor vehicle user charge through raising the current charge, indexing such 

charge to the general price level, and by introducing a fuel levy. 

3. Revenue Administration Reform Project. 

(a) Background. 

The Asian Development Bank cited the Philippines’ tight fiscal situation as one of its most 

significant constraints to growth.2

 One consequence of the Philippines’ tight fiscal situation is its 

 

2 “Philippines: Critical Development Constraints,” Asian Development Bank, December 2007, p. 49
ANNEX I - 9 

limited ability to fund its growing needs for basic infrastructure and social programs and, 

thereby, to reduce poverty. The Philippines has seen a declining rate of tax effectiveness, i.e. tax 

revenues divided by GDP, in recent years due in part to legislated reductions in corporate tax 

rates and increases in personal exemptions. 

In addition, tax-related patterns of non-compliance and tax administration inefficiencies 

contribute to a poor business climate and, ultimately, to a reduced rate of domestic investment. 

Since the Asian financial crisis of 1997, the Philippines has ranked the lowest among its major 

regional neighbors in foreign direct investment.3

 The Philippines has struggled in recent years to 

improve its international rankings with regard to corruption. 

MCC supported some of the Government’s anti-corruption efforts through MCC’s Philippines 

Threshold Program that sought to improve the Government’s office of the ombudsman’s pursuit 

of tax evaders and smugglers as well as to roll out nationwide the Integrated Tax System in 

offices of the Bureau of Internal Revenue (“BIR”). Several of the themes of MCC’s Philippines 

Threshold Program have carried over into this Project. 

(b) Project. 

The objectives of the Project to be supported by MCC Funding in connection with the reform of 

tax collection in the Philippines (the “Revenue Administration Reform Project”) are to increase 

tax revenues over time and to support the Department of Finance’s initiatives to detect and deter 

corruption within its revenue agencies. The Project consists of two Activities as further 

described below: (i) an Activity focused on BIR’s efforts to re-engineer its policies and practices 

and to implement the electronic Tax Information System (“eTIS”); and (ii) an Activity focused 

on supporting the Philippines’ Revenue Integrity Protection Service (“RIPS”) the anti-graft 

investigation unit within the Department of Finance. In turn, the BIR-focused Activity will 

consist of three sub-activities as further described below: (1) the implementation of eTIS; (2) the 

utilization of automated auditing tools in the large taxpayer unit; and (3) a public awareness 

campaign to disseminate information about BIR’s reform and enforcement activities. 

(i) BIR Revenue Administration Reform Activity. 

(1) eTIS sub-Activity. 

MCC Funding will provide an International Monetary Fund (“IMF”) resident advisor on tax 

administration, and support the cost of short-term IMF tax administration specialists as well as 

other systems and technology consultants, the training of BIR staff, and the procurement of 

equipment related to the implementation of eTIS. This sub-Activity will improve the 

trustworthiness of data, increase access to that data, and improve the actions and decisions based 

on that data. From a tax administration perspective these results can be described as improving 

compliance monitoring, reducing client contact and the concomitant opportunities for negotiated 

 

3 Ibid. p. 26.
ANNEX I - 10 

assessments, increasing the likelihood of the detection of misreporting, and improving the value 

of reports. These are the components that will contribute to a sustainable program of tax 

administration with improved compliance, audit and enforcement tools. 

(2) Automated Auditing Tools sub-Activity. 

MCC Funding will purchase software licenses for automated auditing tools and provide 

computers to run them. MCC Funding will also pay for a subscription to a data base service to 

provide BIR with transfer pricing information and provide training for the use of these tools. 

The automated auditing tools will leverage a recent BIR decision that requires large taxpayers to 

maintain and submit tax records in digital form and will also expand on a pilot program 

sponsored by the Swedish International Development Agency that demonstrates the values of 

these tools. These auditing tools have demonstrated their revenue-raising potential, and they also 

reduce by half the number of days it takes to complete an audit. These tools also remove one 

taxpayer concern about the fairness of an audit that is based on sampling rather than a review of 

all transactions. The reduction in man days per audit will help the BIR to reduce its backlog of 

unfinished audits. 

(3) Public Awareness Campaign sub-Activity. 

MCC Funding will provide consulting services and support the costs of implementing a public 

awareness campaign regarding BIR services and programs. Individuals and businesses in the 

Philippines have a limited understanding of their tax obligations and BIR programs. Many BIR 

services – particularly on-line services – are under-utilized. Greater understanding of tax 

obligations, and an increased ability to access tax information, should lead to better compliance. 

It is also hoped that, as with the eTIS sub-Activity, utilization of on-line services will reduce the 

opportunities for corruption that in-person transactions may provide. The public awareness 

campaign is intended to promote increased compliance with tax rules and thus increased revenue 

collection through better public and business awareness of the BIR’s plans, programs, initiatives, 

policies and practices. 

(ii) RIPS Activity. 

MCC Funding will fund the acquisition and customization of case management software, a 

related data depository system, and training. This will support RIPS, a relatively new unit within 

the Department of Finance, and is intended to strengthen surveillance and discipline of the 

Department of Finance and its attached agencies through administrative actions such as 

temporary suspensions or dismissals. Experience in MCC’s Philippines Threshold Program 

showed that actions taken through the courts in the Philippines are slow and that, even when a 

conviction is secured, punishment is likely to be deferred and/or reduced through subsequent 

appeals. For that reason, this Activity focuses on trying to detect and punish those forms of 

malfeasance that permit revenue agents to reap financial rewards from taxpayers. By increasing 

the likelihood of detection and punishment, the frequency of such incidents will decline. If 

effective, this should improve the image of revenue generating agencies and also support 

increased collections and improve the business climate within the Philippines. 
ANNEX I - 11 

(g) Beneficiaries. 

Beneficiary analysis for the Revenue Administration Reform Project is undertaken at the level of 

the overall Project since the incidence of benefits from each Activity is expected to be spread 

broadly throughout the Philippine population. Accordingly, aggregation at the Project level is 

reasonable. 

Identifying beneficiaries in this broad-based, national program is challenging. It is reasonable to 

expect, however, that a majority of the population of the Philippines will—due to increased 

public revenues and expenditures or domestic investments—enjoy at least a small increase to 

their incomes over the benefits horizon of 2011 to 2030. Accordingly, MCC estimates 

(conservatively) that 85 percent of the country’s population, which will be approximately 125 

million people, are beneficiaries of this Project by 2030. Consequently, the distribution of the 

Revenue Administration Reform Project’s benefits by poverty level mirrors the national 

population’s poverty distribution. 

Since rates of access to health and education services are already relatively high in the 

Philippines, most Project impacts will be realized as increases in quality and reliability of 

existing services. As a consequence, and also due to the large number of beneficiaries expected 

for the project, per-beneficiary benefits are fairly modest. 

(h) Donor Coordination. 

The due diligence for the tax administration aspects of the Revenue Administration Reform 

Project was undertaken in close cooperation with the IMF’s Fiscal Affairs Division as well as 

with the World Bank’s National Program Supporting Tax Administration Reform program to 

support tax reform efforts in the Philippines. The outlines of the eTIS sub-Activity and its 

emphasis on process redesign and training are based on long-standing recommendations that 

have been made by the IMF and World Bank to the BIR. 

It is anticipated that the tax administration advisors provided to the BIR under the Compact will 

be sourced through the IMF and coordinated by a resident IMF advisor in Manila, the 

Philippines. 

The Automated Audit Tools sub-Activity builds on the previous efforts of the Swedish 

International Development Agency and the World Bank. Both donors have sponsored pilot 

programs in the utilization of automated audit tools. 

(i) USAID. 

MCC’s due diligence relied heavily on the reports and findings of MCC’s Philippines Threshold 

Program administered by USAID. That program included support for anti-corruption activities 

under the aegis of the office of the ombudsman, and assistance to the Department of Finance’s 

anti-corruption units, as well as the extension of the Integrated Tax System (eTIS’ predecessor) 

to regional offices that had not previously been able to implement that system. The lessons 

learned under MCC’s Philippines Threshold Program were the basis for decisions to focus on 

internal administrative disciplinary procedures (the focus of the RIPS Activity) rather than the 
ANNEX I - 12 

pursuit of tax evaders and smugglers through the courts, to broaden the scope of tax 

administration, and to focus more resources on training and process redesign than on hardware 

and software. 

(j) Sustainability. 

A critical ingredient to the success of this complex undertaking is the continued commitment of 

the Department of Finance to embark on a program that is likely to meet with staff as well as 

taxpayer resistance and to manage the personnel, organizational and technical issues that will 

require both vision and resolve. Maintaining that commitment over the course of the Compact 

Term will be a test of BIR’s and the Department of Finance’s management skills and staff 

capacity. 

(k) Policy, Legal, Regulatory and Other Reforms. 

The Department of Finance has completed or committed to complete a number of policy, legal, 

regulatory and other reforms in order to achieve success under this Project. These reforms are 

referenced in the Compact, the Program Implementation Agreement, and in other documents. 

4. Implementation Framework. 

(a) Overview. 

The implementation framework and the plan for ensuring adequate governance, oversight, 

management, monitoring and evaluation, and fiscal accountability for the use of MCC Funding 

are summarized below. MCC and the Government will enter into the Program Implementation 

Agreement, and any other agreements in furtherance of this Compact, all of which, together with 

this Compact, set out certain rights, responsibilities, duties and other terms relating to the 

implementation of the Program. 

(b) MCC. 

MCC will take all appropriate actions to carry out its responsibilities in connection with this 

Compact and the Program Implementation Agreement, including the exercise of its approval 

rights in connection with the implementation of the Program. 

(c) MCA-Philippines. 

In accordance with Section 3.2(b) of this Compact, MCA-Philippines will act on the 

Government’s behalf to implement the Program and to exercise and perform the Government’s 

rights and responsibilities with respect to the oversight, management, monitoring and evaluation, 

and implementation of the Program, including, without limitation, managing the implementation 

of Projects and their Activities, allocating resources, and managing procurements. The 

Government will ensure that MCA-Philippines takes all appropriate actions to implement the 

Program, including the exercise and performance of the rights and responsibilities designated to 

it by the Government pursuant to this Compact and the Program Implementation Agreement. 

Without limiting the foregoing, the Government will also ensure that MCA-Philippines has full 

decision-making autonomy, including, inter alia, the ability, without consultation with, or the 
ANNEX I - 13 

consent or approval of, any other party, to: (i) enter into contracts in its own name; (ii) sue and 

be sued; (iii) establish Permitted Accounts in a financial institution in the name of MCAPhilippines and hold MCC Funding in such accounts; (iv) expend MCC Funding; (v) engage a 

fiscal agent who will act on behalf of MCA-Philippines on terms acceptable to MCC; (vi) engage 

one or more procurement agents who will act on behalf of MCA-Philippines, on terms 

acceptable to MCC, to manage the acquisition of the goods, works, and services required by 

MCA-Philippines to implement this Compact; and (vii) competitively engage one or more 

auditors to conduct audits of its accounts. The Government will take the necessary actions to 

establish and maintain MCA-Philippines, in accordance with the terms hereof including the 

applicable conditions precedent to the Disbursement of Compact Implementation Funding set 

forth in Annex IV to this Compact. 

MCA-Philippines will be administered and managed by a Board of Trustees and a Management 

Unit. In addition, MCA-Philippines will have a Stakeholders’ Committee to continue the 

consultative process during implementation of the Program. The governance of MCAPhilippines will be set forth in more detail in the Establishment Decree, the Program 

Implementation Agreement, and the internal regulations of MCA-Philippines (“MCAPhilippines Bylaws”), which will, collectively, set forth the responsibilities of the Board of 

Trustees, the Stakeholders’ Committee and the Management Unit. The MCA-Philippines 

Bylaws will be developed and adopted in accordance with MCC’s Guidelines for Accountable 

Entities and Implementation Structures, published on the MCC Website (the “Governance 

Guidelines”), and will be in form and substance satisfactory to MCC. 

(i) Board of Trustees. 

(1) Composition. MCA-Philippines will be governed by a board of 

trustees (the “Board of Trustees”), which will consist of voting members representing those 

Government departments and civil society and private sector organizations set forth in the 

Establishment Decree and the MCA-Philippines Bylaws. The Board of Trustees will also consist 

of those non-voting observers set forth in the MCA-Philippines Bylaws. All voting members 

will be selected in accordance with the MCA-Philippines Bylaws and must be sufficiently senior 

and qualified to make decisions on behalf of their respective ministries and civil society and 

private sector organizations, as applicable. Each voting member named to serve on the Board of 

Trustees, and any replacement for any voting member or any alteration of the size or 

composition of the Board of Trustees, will be subject to MCC prior approval. 

(2) Roles and Responsibilities. The Board of Trustees will be 

responsible for overseeing the implementation of the Program and will have final decisionmaking authority over the implementation of the Program. The Board of Trustees will meet 

regularly; the frequency of meetings will be set forth in the MCA-Philippines Bylaws and will be 

in accordance with the Governance Guidelines. The specific roles of the voting members and 

non-voting observers will be set forth in the Establishment Decree and the MCA-Philippines 

Bylaws. 
ANNEX I - 14 

(ii) Stakeholders’ Committee. 

(1) Composition. The composition of the Stakeholders’ Committee 

will be selected in accordance with the MCA-Philippines Bylaws and the Governance Guidelines 

and subject to MCC approval (the “Stakeholders’ Committee”). Without limiting the foregoing, 

the Establishment Decree provides that the Stakeholders’ Committee will be composed of, inter 

alia, representatives from non-governmental organizations, civil society, private sector, and local 

and regional government Program beneficiaries. 

(2) Roles and Responsibilities. Consistent with the Governance 

Guidelines, the Stakeholders’ Committee will be responsible for continuing the consultative 

process throughout implementation of the Program. While the Stakeholders’ Committee will not 

have any decision-making authority, it will be responsible for, inter alia, reviewing, at the 

request of the Board of Trustees or the Management Unit, certain reports, agreements, and 

documents related to the implementation of the Program in order to provide advice and input to 

MCA-Philippines regarding the implementation of the Program. 

(iii) Management Unit. 

(1) Composition. The management unit, which will be led by a 

competitively selected Managing Director, will be composed of competitively selected staff with 

expertise in the key components of the Program, including, without limitation, a KALAHICIDSS Project Director, a Secondary National Roads Development Director, a Revenue 

Administration Reform Director, as well as a Deputy Managing Director and other key 

Directors, including, without limitation, a Director for Finance, a Director for Legal/General 

Counsel, a Director for Procurement, a Director for Social and Environmental Assessment, and a 

Director for Monitoring and Evaluation, (the “Management Unit”). The Management Unit will 

also include such other personnel as provided for in the MCA-Philippines Bylaws. The directors 

will be supported by appropriate additional staff to enable the Management Unit to execute its 

roles and responsibilities. 

(2) Roles and Responsibilities. The Management Unit will be based 

in Manila, the Philippines, and will be responsible for managing the day-to-day implementation 

of the Program, with oversight from the Board of Trustees. The Management Unit will serve as 

the principal link between MCC and the Government, and will be accountable for the successful 

execution of the Program, each Project, and each Activity. As a Government entity, MCAPhilippines will be subject to Government audit requirements. As a recipient of MCC Funding, 

MCA-Philippines will also be subject to MCC audit requirements. 

(d) Implementing Entities. 

Subject to the terms and conditions of this Compact and any other related agreements entered 

into in connection with this Compact, the Government and MCC have identified certain principal 

public institutions that may or will serve as implementing entities (each, an “Implementing 

Entity”), to implement and carry out certain Projects, Activities or components thereof in 

furtherance of this Compact. Any Implementing Entity will be subject to review and approval by 

MCC. The Government will ensure that the roles and responsibilities of each Implementing 
ANNEX I - 15 

Entity and other appropriate terms are set forth in an agreement between MCA-Philippines and 

each Implementing Entity, which agreement must be in form and substance satisfactory to MCC 

(each an “Implementing Entity Agreement”). 

(e) Fiscal Agent. 

Unless MCC otherwise agrees in writing, the Government, directly or through MCA-Philippines, 

will engage a fiscal agent (a “Fiscal Agent”), who will be responsible for assisting the 

Government with its fiscal management and ensure appropriate fiscal accountability of MCC 

Funding, and whose duties will include those set forth in the Program Implementation 

Agreement. 

(f) Procurement Agent. 

Unless MCC otherwise agrees in writing, the Government, directly or through MCA-Philippines, 

will engage one or more procurement agents (each, a “Procurement Agent”) to carry out and 

certify specified procurement activities in furtherance of this Compact. The roles and 

responsibilities of each Procurement Agent will be set forth in the Program Implementation 

Agreement or such agreement as the Government, directly or through MCA-Philippines, enters 

into with each Procurement Agent, which agreement will be in form and substance satisfactory 

to MCC. Each Procurement Agent will adhere to the procurement standards set forth in the 

MCC Program Procurement Guidelines and ensure procurements are consistent with the 

procurement plan adopted by MCA-Philippines pursuant to the Program Implementation 

Agreement, unless MCC otherwise agrees in writing. 
ANNEX II 

MULTI-YEAR FINANCIAL PLAN SUMMARY 

This Annex II summarizes the multi-year financial plan for the Program. 

1. General. 

A multi-year financial plan summary (“Multi-Year Financial Plan Summary”) is set forth 

below. By such time as is specified in the Program Implementation Agreement, the Government 

will adopt, subject to MCC approval, a multi-year financial plan that includes, in addition to the 

multi-year summary of estimated MCC Funding, the annual and quarterly funding requirements 

for the Program (including administrative costs) and for each Project, projected both on a 

commitment and cash requirement basis. The Multi-Year Financial Plan Summary below does 

not include the contributions by the Government to the Program. 

Multi-Year Financial Plan Summary 

(Millions of US$) 

Project CIF Year 1 Year 2 Year 3 Year 4 Year 5 Total 

1. Revenue Administration Reform Project 

(a) BIR Revenue Administration Reform Activity 7.30 11.50 15.90 9.00 5.60 1.00 50.30 

(b) Revenue Integrity Protection Services (RIPS) Activity - 0.50 3.35 0.15 - - 4.00 

Sub-Total 7.30 12.00 19.25 9.15 5.60 1.00 54.30 

2. KALAHI-CIDSS 

(a) Capacity Building and Implementing Support - 4.91 2.84 1.48 1.11 0.28 10.62 

(b) Grants for Community Projects - 1.82 20.43 17.99 30.81 24.46 95.51 

(c) Project Management 2.31 3.06 2.31 1.93 1.87 2.39 13.87 

Sub-Total 2.31 9.79 25.58 21.40 33.79 27.13 120.00 

3. Secondary National Roads Development Program 

(a) Samar road 5.66 6.61 36.01 54.38 57.30 40.22 200.18 

(b) Environmental and Social Mitigation 5.09 6.53 0.82 0.87 0.95 - 14.26 

Sub-Total 10.75 13.14 36.83 55.25 58.25 40.22 214.44 

4. Monitoring and Evaluation 

Monitoring and Evaluation 0.24 2.13 1.44 1.13 1.59 1.73 8.26 

Sub-Total 0.24 2.13 1.44 1.13 1.59 1.73 8.26 

5. Compact Administration & Oversight 

(a) Program Administration 4.46 3.24 3.28 3.33 3.42 3.38 21.11 

(b) Program Audits - 0.36 0.46 0.46 0.46 0.46 2.20 

(c) Fiscal Agent - 1.50 1.50 1.50 1.50 1.50 7.50 

(d) Procurement Agent - 1.40 1.40 1.10 1.10 1.10 6.10 

Sub-Total - Compact Administration & Audit 4.46 6.50 6.64 6.39 6.48 6.44 36.91 

Total Estimated MCC Contribution 25.06 43.56 89.74 93.32 105.71 76.52 433.91 
ANNEX III 

DESCRIPTION OF THE MONITORING AND EVALUATION PLAN 

This Annex III (this “M&E Annex”) generally describes the components of the Monitoring and 

Evaluation Plan (“M&E Plan”) for the Program. The actual content and form of the M&E Plan 

will be agreed to by MCC and the Government in accordance with the Program Implementation 

Agreement. The M&E Plan may be modified from time to time with MCC approval without 

requiring an amendment to this Annex III. 

1. Overview. 

MCC and the Government will formulate and agree to, and the Government will implement, or 

cause to be implemented, an M&E Plan that specifies (a) how progress toward the Compact 

Goal, Program Objective and Project Objectives will be monitored (“Monitoring Component”), 

(b) a process and timeline for the monitoring of planned, ongoing, or completed Activities to 

determine their efficiency and effectiveness, and (c) a methodology for assessment and rigorous 

evaluation of the outcomes and impact of the Program (“Evaluation Component”). Information 

regarding the Program’s performance, including the M&E Plan, and any amendments or 

modifications thereto, as well as progress, evaluation, and other reports, will be made publicly 

available on the website of MCA-Philippines and elsewhere. 

2. Program Logic. 

The M&E Plan will be built on a logic model which illustrates how the Program, Projects and 

Activities contribute to the Compact Goal, the Program Objective and the Project Objectives. 

The goal of this Compact is to reduce poverty through economic growth. The Program 

Objective is to (a) increase the incomes of Filipinos through the benefits of community-driven 

sub-projects, (b) obtain time savings and lower transportation costs for road users in Program 

areas, and (c) increase investment and government expenditure due to an increase in tax revenue 

and a reduction in corruption. The corresponding Project Objectives are: 

(a) The KALAHI-CIDSS Project expects to improve the responsiveness of local 

governments to community needs, encourage communities to engage in development activities 

and deliver benefits to barangay residents through the individual sub-projects. 

 

(b) The Secondary National Roads Development Project expects to lower vehicle 

operating costs and save the time of those Filipinos living near the roads. 

(c) The Revenue Administration Reform Project expects to increase tax revenues 

over time and support the Department of Finance’s initiatives to detect and deter corruption 

within its revenue agencies. 

3. Monitoring Component. 

To monitor progress toward the achievement of the desired impact and outcomes of the 

Compact, the Monitoring Component of the M&E Plan will identify (a) the Indicators (as 
ANNEX III - 2 

defined below), (b) the definitions of the Indicators, (c) the sources and methods for data 

collection, (d) the frequency for data collection, (e) the party or parties responsible, and (f) the 

timeline for reporting on each Indicator to MCC. 

Further, the Monitoring Component will track changes in the selected Indicators as a means for 

measuring progress towards the achievement of the objectives during the Compact Term. The 

M&E Plan will establish baselines which measure the situation prior to a development 

intervention, against which progress can be assessed or comparisons made (including evaluations 

and special studies) (each, a “Baseline”). MCA-Philippines will collect Baselines on the 

selected Indicators or verify already collected Baselines where applicable and as set forth in the 

M&E Plan. 

(a) Indicators. The M&E Plan will measure the results of the Program using 

quantitative, objective and reliable data (“Indicators”). Each Indicator will have benchmarks 

that specify the expected value and the expected time by which that result will be achieved 

(“Target”). The M&E Plan will be prepared in accordance with the MCC Policy for Monitoring 

and Evaluation of Compacts and Threshold Programs. All Indicators will be disaggregated by 

gender, income level and age, and beneficiary types to the extent practicable. Subject to prior 

written approval from MCC, MCA-Philippines may add Indicators or refine the definitions and 

Targets of existing Indicators. 

(i) Compact Indicators. 

(1) Goal. The M&E Plan will contain the following Indicators related 

to the Compact Goal. These Indicators of national goals are specified in the “Medium-Term 

Philippine Development Plan” to which the Projects contributes, but are not solely attributable to 

the Projects: 

(A) Annual growth in Gross National Product. 

(B) Percent of households living below the subsistence poverty 

line. 

(2) Other Indicators. The M&E Plan will contain the Indicators listed 

in the following tables. 
ANNEX III - 3 

Table 1: M&E Indicators for KALAHI-CIDSS Project

Result Indicator Definition of Indicator Baseline4 Year 55 

Objective Level 

Increased 

responsiveness of 

Local 

Government 

Units (LGUs) to 

community needs 

Use of inclusive 

Community Driven 

Development (CDD) 

processes by local 

governments 

Percentage of project municipal 

local government units (MLGUs) 

that have meetings with 

community representatives to 

solicit inputs to municipal 

development plans and / or 

percentage of barangays that 

reflect community priorities in 

their barangay development plans 

TBD 80% 

LGU provision of funds for 

O&M 

Percentage of MLGUs that 

provide funding support for 

KALAHI-CIDSS sub-project 

O&M 

0% 80% 

LGU application of CDD 

practices to non-KALAHICIDSS activities 

Number of project MLGUs that 

pass ordinances / resolutions 

adopting CDD principles 

 TBD TBD 

Increased 

community 

engagement in 

development 

activities 

Participation of women in 

local government 

Number of women 

representatives in targeted areas TBD TBD 

Community engagement in 

development activities 

Percentage of MCC-funded 

KALAHI-CIDSS-developed 

community organizations that 

have satisfactory organizational 

performance ratings 

0% 80% 

Percentage of communities that 

attract additional funding for 

development activities after the 

KALAHI-CIDSS Project is 

completed 

0% 30% 

Increased value 

of sub-project 

benefits6

Aggregate value of benefits 

of sub-projects. (Varies, please see below) 

Outcome Level 

Increased LGU 

engagement LGU provision of funds 

Percentage of LGUs that provide 

at least 80% of Memorandum of 

Agreement (MOA) funding 

requirements 

0% 90% 

 

4 As the municipalities are due to be randomly selected, baseline figures are not yet known. 5 These figures are indicative.

6 The baseline levels for these indicators will be determined by the initial round of data collection in the selected municipalities. 

The targets will be informed by this information and by the results of the endline data collection in KC1 areas.
ANNEX III - 4 

Table 1: M&E Indicators for KALAHI-CIDSS Project

LGU provision of technical 

support 

Percentage of LGUs that provide 

at least 80% of MOA technical 

support requirements 

0% 90% 

Increased 

community 

engagement 

Barangay assembly 

participation 

Percentage of barangay

assemblies with 80% of 

community households 

represented 

TBD 80% 

Marginalized group 

participation 

Percentage of barangay

assemblies with 65% of youth, 

women, indigenous people and 

poorest households represented 

TBD 80% 

Increased value 

of sub-project 

benefits7

Time savings TBD TBD 

Labor force participation 

(by age and gender) TBD TBD 

School enrollment TBD TBD 

Number of beneficiary 

farming households TBD TBD 

Yield of paddy rice TBD TBD 

Water consumption (by use) TBD TBD 

Use of barangay health 

facilities TBD TBD 

Post-harvest losses TBD TBD 

Output Level 

Result Indicator Definition of Indicator Baseline Year 5 

Sub-projects 

delivered Sub-projects completed Number of completed subprojects (by type) 0 3400 

Sub-projects 

sustained Sub-projects sustained 

Percentage of sub-projects that 

pass functionality audits or 

receive satisfactory or higher 

ratings of sustainability 

0% 80% 

 

7 The precise indicators, definitions, baseline level and final targets will be determined by the initial round of data collection in 

the selected control and treatment municipalities. The targets will be informed by this information and by the results of the 

endline data collection in KC1 areas.
ANNEX III - 5 

Table 2: M&E Indicators for Secondary National Roads Development Project

Result Indicator Definition of 

Indicator Road Baseline Year 5 Year 20

Objective Level 

Net incomes of 

road users 

increased 

Costs to road 

users 

Aggregate value of 

time savings 

(in 2009US$m)8

Wright-TaftBorongan-Guiuan NA 5.2 9.5 

Change in 

aggregate vehicle 

operating cost 

(in 2009US$m)9

Wright-TaftBorongan-Guiuan NA 9.4 16.5 

Outcome Level 

Improved road 

quality Roughness 

International 

Roughness Index of 

the road segments 

supported by the 

Compact 

Wright-TaftBorongan-Guiuan 7.110 1.8 5.8 

Increased vehicle 

activity 

Average 

Annual Daily 

Traffic 

(AADT) 

AADT on the road 

segments supported 

by the Compact 

Wright-TaftBorongan-Guiuan 1,179 1,450 2,720 

Lower 

maintenance costs 

Maintenance 

savings 

Reduction in annual 

maintenance 

spending 

(in 2009US$m)11

Wright-TaftBorongan-Guiuan NA 0.4 0.3 

Output Level

Roads 

rehabilitated or 

built 

Total length 

KM of road 

sections completed 

-- rehabilitated 

Wright-TaftBorongan-Guiuan 0 222 222 

 

8 These indicators are defined as the actual cost or spending minus what they were estimated to be in the without project 

scenario, as calculated by the model of the feasibility study.

9 These indicators are defined as the actual cost or spending minus what they were estimated to be in the without project 

scenario, as calculated by the Highway Development and Management 4 model used by the feasibility study. These indicators 

will not be measured directly in year 5 of the Compact. Instead they will be recalculated using the same model, based on actual 

data on traffic, roughness, and maintenance spending (see below). 10 This baseline is a visual estimation, not an International Roughness Index measure. 11 These indicators are defined as the actual cost or spending minus what they were estimated to be in the without project 

scenario, as calculated by the model of the feasibility study. 
ANNEX III - 6 

Table 3: M&E Indicators for Revenue Administration Reform Project

Note: Many of these indicators are in draft form as the development of a full set of indicators, baselines and 

targets is proposed as part of the eTIS sub-Activity and the Public Awareness Campaign sub-Activity. For 

indicators of perceptions of corruption, a baseline survey will be developed and conducted as soon as possible and 

the indicators and corresponding targets will be developed for relevant sub-Activities at that time.

Result Indicator Definition of Indicator Baseline Year 5 

Project-wide Indicators 

Objective Level 

Increased tax 

revenues over time Tax gap 

Percentage of tax potential 

that is actually collected 

 (VAT only) 

TBD12 TBD 

Decreased incidence 

of corrupt activities 

within Department 

of Finance (DOF) 

Perceptions of corruption 

DOF staff and the general 

public’s perceptions that DOF 

staff are engaged in corrupt 

activities 

TBD TBD 

Perceptions that DOF is taking 

action to fight corruption TBD TBD 

eTIS sub-Activity 

Outcome Level 

Increased number of 

returns 

Number of returns filed 

Number of tax returns filed by 

individuals and corporate 

business at BIR Revenue 

District Offices that have 

implemented eTIS 

TBD TBD 

Corruption 

perceptions 

Perceptions of change in 

incidence of corruption 

among BIR employees 

Perceptions of corruption as 

specifically related to eTIS 

implementation e.g. use of 

electronic audit 

TBD TBD 

Efficiency 

perceptions 

Perceptions of 

organizational efficiency 

among BIR employees 

Perceptions of efficiency as 

specifically related to eTIS 

implementation 

TBD TBD 

Output Level 

Increased number of 

automaticallygenerated audits Number of audits 

Automatically-generated (by 

eTIS) audits broken down by 

large taxpayer unit and RDOs 

that have implemented eTIS 

 0 TBD 

Automated Audit Tools (AATs) sub-Activity 

Outcome Level 

Increased revenue Revenue collection per audit 

Average collection per firm 

using Automated Audit Tools 

AATs (in pesos) 

2,500,000 4,300,000 

 

12 There have been several calculations of the VAT tax gap in the last 15 years and these have produced a wide range of estimates

depending on the methodology employed. We are aware of no more recent estimate by the IMF than 1999, when it was 

estimated at 50%. The IMF will be responsible for producing a more current baseline figure for the tax gap indicator. 
ANNEX III - 7 

Table 3: M&E Indicators for Revenue Administration Reform Project

Output Level 

Decreased time to 

complete an audit Time to complete an audit Calendar days from start of 

audit to completion 117 44 

Increased 

percentage of audits 

using AATS 

Percentage of audit cases 

performed using AATS 

Large taxpayer unit audit 

cases performed using only 

AATS 

2.9% 100% 

Reduced 

opportunities for 

discretion 

Time spent at taxpayer 

premises per audit 

Hours to perform all audit 

functions needed at taxpayer 

premises 

335 50 

Public Awareness Campaign sub-Activity 

Outcome Level 

Increased revenue Revenue from target group Target group to be defined 

based on project type TBD TBD 

Increased 

satisfaction 

Taxpayer satisfaction with 

BIR services 

Improvement in customer 

satisfaction survey scores TBD TBD 

 Increased 

awareness 

Perception of change based 

on specific message 

Awareness of the campaign, 

the available BIR services 

and/or taxpayer obligations 

TBD TBD 

RIPS Activity 

Outcome Level 

Increased number of 

resolved cases 

Number of “successful” 

case resolutions 

(cumulative) 

Number of personnel charged 

by RIPS who are then 

suspended, dismissed or 

convicted 

28 140 

Corruption 

perceptions 

Perceptions of corrupt 

activities within DOF 

agencies 

Perceptions among DOF staff 

and the general public TBD TBD 

Output Level 

Increased number of 

investigations 

Number of complaints 

investigated (cumulative) Number of cases opened 110 400 

Decreased time to 

complete an 

investigation 

Time taken to complete 

investigation (average) 

Days from case opened to 

resolution 120 60 

Increased number of 

DOF personnel 

charged 

Personnel charged 

(cumulative) 

Number of DOF personnel 

charged with either graft or 

corruption 

67 500 

(b) Data Collection and Reporting. The M&E Plan will establish guidelines for data 

collection and reporting, and identify the responsible parties. Compliance with data collection 

and reporting timelines will be conditions for Disbursements for the relevant Activities as set 

forth in the Program Implementation Agreement. The M&E Plan will specify the data collection 

methodologies, procedures, and analysis required for reporting on results at all levels. The M&E 

Plan will describe any interim MCC approvals for data collection, analysis, and reporting plans. 
ANNEX III - 8 

(c) Data Quality Reviews. As determined in the M&E Plan or as otherwise requested 

by MCC, the quality of the data gathered through the M&E Plan will be reviewed to ensure that 

data reported are as valid, reliable, and timely as resources will allow. The objective of any data 

quality review will be to verify the quality and the consistency of performance data across 

different implementation units and reporting institutions. Such data quality reviews also will 

serve to identify where those levels of quality are not possible, given the realities of data 

collection. 

(d) Management Information System. The M&E Plan will describe the information 

system that will be used to collect data, store, process and deliver information to relevant 

stakeholders in such a way that the Program information collected and verified pursuant to the 

M&E Plan is at all times accessible and useful to those who wish to use it. The system 

development will take into consideration the requirement and data needs of the components of 

the Program, and will be aligned with existing MCC systems, other service providers, and 

relevant Implementing Entities. 

(e) Role of MCA-Philippines. The monitoring and evaluation of this Compact spans 

discrete Projects and will involve a variety of governmental, non-governmental, and private 

sector institutions. Subject to Section 3.2(b) of the Compact, MCA-Philippines is responsible for 

implementation of the M&E Plan. MCA-Philippines will oversee all Compact-related 

monitoring and evaluation activities conducted for each of the Projects, ensuring that data from 

all implementing entities is consistent, accurately reported and aggregated into regular Compact 

performance reports as described in the M&E Plan. 

4. Evaluation Component. 

The evaluation component of the M&E Plan will contain three types of evaluations: (a) impact 

evaluations; (b) final evaluations; and (c) special studies. The evaluation component of the 

M&E Plan will describe the purpose of the evaluation, methodology, timeline, required MCC 

approvals, and the process for collection and analysis of data for each evaluation. The results of 

all evaluations will be made publicly available in accordance with MCC’s guidelines for 

monitoring and evaluation plans posted from time to time on the MCC Website (the “MCC 

Policy for Monitoring and Evaluation of Compacts and Threshold Programs”). 

(a) Impact Evaluation. The M&E Plan will include a description of the methods to 

be used for impact evaluations and plans for integrating the evaluation method into Project 

design. Based on in-country consultation with stakeholders, the strategies outlined below were 

jointly determined as having the strongest potential for rigorous impact evaluation. The M&E 

Plan will further outline in detail these methodologies. Final impact evaluation strategies are to 

be included in the M&E Plan. The following is a summary of the current impact evaluation 

methodology: 

(i) KALAHI-CIDSS Project. 

The planned impact evaluation will cover new municipalities across both MCC-supported and 

World Bank-supported areas. Although the final design and implementation of the impact 

evaluation will be contracted to an independent consultant firm, a joint advisory board, with 
ANNEX III - 9 

members from MCC, MCA-Philippines, the World Bank, DSWD, the National Economic 

Development Agency, and local academics will oversee the impact evaluation, which will be 

made publically available upon completion. 

MCC and the World Bank cannot provide sufficient funding for all eligible municipalities. Thus 

the proposed approach will randomly select some pairs of municipalities to serve as treatment 

and controls from the eligible list. The specific municipalities will be randomly selected from 

that list by an independent party. Several of the Government’s obligations are related to the 

methodology and implementation of this Impact Evaluation. 

Key Impact Evaluation questions will include: How does receiving KALAHI-CIDSS support 

(from either the KALAHI-CIDSS Project or KC1) influence individual and community measures 

of: 

(1) Social capital (participation in meetings, membership in groups, 

trust, etc); 

(2) Welfare (consumption expenditure, labor force participation 

(including for women), hours on household production, enrollment, etc.); and 

(3) The link between social capital and welfare (operations and 

maintenance practices, sustainability, project costs, congruence of preferences with sub-projects 

selected, etc.). 

(ii) Secondary National Roads Development Project. 

A rigorous impact evaluation is not currently planned for the Secondary National Roads 

Development Project due to the lengthy time of construction and the corresponding time required 

for the economy to adapt to the improvement. 

(b) Final Evaluation. The M&E Plan will make provision for final Project level 

evaluations (“Final Evaluations”). With the prior written approval of MCC, MCA-Philippines 

will engage independent evaluators to conduct the Final Evaluations at the end of each Project. 

The Final Evaluations will review progress during Compact implementation and provide a 

qualitative context for interpreting monitoring data and impact evaluation findings. They must at 

a minimum (i) evaluate the efficiency and effectiveness of the Activities, (ii) determine if and 

analyze the reasons why the Compact Goal, Program Objective and Project Objective(s), 

outcome(s) and output(s) were or were not achieved, (iii) identify positive and negative 

unintended results of the Program, (iv) provide lessons learned that may be applied to similar 

projects, and (v) assess the likelihood that results will be sustained over time. 

(c) Special Studies. The M&E Plan will include a description of the methods to be 

used for special studies, as necessary, funded through this Compact or by MCC. Plans for 

conducting the special studies will be determined jointly between MCA-Philippines and MCC 

before the approval of the M&E Plan. The M&E Plan will identify and make provision for any 

other special studies, ad hoc evaluations, and research that may be needed as part of the 

monitoring and evaluating of this Compact. Either MCC or MCA-Philippines may request 
ANNEX III - 10 

special studies or ad hoc evaluations of Projects, Activities, or the Program as a whole prior to 

the expiration of the Compact Term. When MCA-Philippines engages an evaluator, the 

engagement will be subject to the prior written approval of MCC. Contract terms must ensure 

non-biased results and the publication of results. 

As of the date hereof, two special studies are planned: for the KALAHI-CIDSS Project, an 

evaluation is planned to measure the various benefits of the sub-projects; for the Secondary 

National Roads Development Project, evaluations are planned to focus on measuring changes in 

travel times and transportation costs. 

(i) Request for Ad Hoc Evaluation or Special Study. If MCA-Philippines 

requires an ad hoc independent evaluation or special study at the request of the Government for 

any reason, including for the purpose of contesting an MCC determination with respect to a 

Project or Activity or to seek funding from other donors, no MCC Funding or MCA-Philippines 

resources may be applied to such evaluation or special study without MCC’s prior written 

approval. 

5. Other Components of the M&E Plan. 

In addition to the monitoring and evaluation components, the M&E Plan will include the 

following components for the Program, Projects and Activities, including, where appropriate, 

roles and responsibilities of the relevant parties and providers: 

(a) Costs. A detailed cost estimate for all components of the M&E Plan; and 

(b) Assumptions and Risks. Any assumption or risk external to the Program that 

underlies the accomplishment of the Program Objective, Project Objectives and Activity 

outcomes and outputs. However, such assumptions and risks will not excuse any Party’s 

performance unless otherwise expressly agreed to in writing by the Parties. 

6. Approval and Implementation of the M&E Plan. 

The approval and implementation of the M&E Plan, as amended from time to time, will be in 

accordance with the Program Implementation Agreement and any other relevant supplemental 

agreement, and the MCC Policy for Monitoring and Evaluation of Compacts and Threshold 

Programs. 
ANNEX IV 

CONDITIONS TO DISBURSEMENT OF COMPACT IMPLEMENTATION FUNDING 

This Annex IV sets forth the conditions precedent applicable to Disbursements of Compact 

Implementation Funding (each a “CIF Disbursement”). Capitalized terms used in this Annex IV

and not defined in this Annex IV or in the Compact have the meanings assigned to such terms in 

the Program Implementation Agreement. 

1. Conditions to the Initial CIF Disbursement. 

Each of the following conditions precedent must have been met to MCC’s satisfaction prior to 

the initial CIF Disbursement: 

(a) MCA-Philippines will have delivered to MCC a complete, correct, and fully 

executed Disbursement Request for the relevant Disbursement Period, in form and substance 

satisfactory to MCC and submitted in accordance with the Reporting Guidelines. Each 

Disbursement Request will include the following reference number: GR10PHL10010. 

(b) (i) Each Activity being funded by such CIF Disbursement will facilitate 

implementation of the Compact, (ii) there has been no violation of, and the use of the requested 

funds for the purposes requested will not violate, the limitations on the use or treatment of (1) 

MCC Funding, as set forth in this Compact, including under Section 2.7, or (2) Compact 

Implementation Funding, and (iii) no material breach of any covenant, obligation, or 

responsibility of the Government or MCA-Philippines under this Compact, the Program 

Implementation Agreement, any supplemental agreement, or any Program Guidelines has 

occurred or is continuing. 

(c) The Government will have published the Establishment Decree, and such decree 

will remain in full force and effect, without modification, alteration, rescission, or suspension of 

any kind unless otherwise agreed by MCC. Without limitation of the foregoing, MCAPhilippines will have delivered to MCC (i) evidence of the adoption and publication of the 

Establishment Decree, and (ii) an up-to-date extract from the state registry verifying that MCAPhilippines is a fully-formed and registered public institution under the laws of the Philippines. 

(d) MCA-Philippines will be sufficiently mobilized in order for MCA-Philippines to 

be able to fully perform its obligations and to act on behalf of the Government. 

(e) MCA-Philippines will have adopted a Procurement Plan, in form and substance 

satisfactory to MCC, with respect to the Compact Implementation Funding, and such 

Procurement Plan remains in full force and effect. 

(f) MCA-Philippines will have adopted a Fiscal Accountability Plan, in form and 

substance satisfactory to MCC, and such Fiscal Accountability Plan remains in full force and 

effect. 

(g) The Government will have adopted and published such decrees and regulations as 

necessary to implement the tax assumption mechanisms set forth in the Program Implementation 
ANNEX IV - 2 

Agreement, and such decrees and regulations will remain in full force and effect without 

modification, alteration, rescission, or suspension of any kind, unless otherwise agreed by MCC. 

(h) The Fiscal Agent will have been duly appointed, and MCA-Philippines will have 

duly executed the Fiscal Agent Agreement, and such agreement will be in full force and effect 

without modification, alteration, rescission, or suspension of any kind, unless otherwise agreed 

by MCC, and no material breach has occurred or is continuing thereunder. 

(i) The Procurement Agent will have been duly appointed, and MCA-Philippines 

will have duly executed an agreement with the Procurement Agent, and such agreement will be 

in full force and effect without modification, alteration, rescission, or suspension of any kind, 

unless otherwise agreed by MCC, and no material breach has occurred or is continuing 

thereunder. 

(j) The Bank will have been duly appointed, and MCA-Philippines and the Fiscal 

Agent will have duly executed the Bank Agreement, and such agreement will be in full force and 

effect without modification, alteration, rescission, or suspension of any kind, unless otherwise 

agreed by MCC, and no material breach has occurred or is continuing thereunder. 

(k) The Permitted Account will be established. 

(l) Prior to the deployment of the resident tax administration technical assistance lead 

advisor, the IMF resident advisor will be designated as a senior advisor to the head of the BIR’s 

Project Implementation & Monitoring Office. Said resident advisor will coordinate all tax 

administration-related technical assistance from all donors. 

2. Conditions to Each CIF Disbursement. 

Each of the following conditions precedent must have been met to MCC’s satisfaction prior to 

the applicable CIF Disbursement: 

(a) MCA-Philippines will have delivered to MCC a complete, correct, and fully 

executed Disbursement Request for the relevant Disbursement Period, together with any 

applicable Periodic Reports covering such Disbursement Period, in each case in form and 

substance satisfactory to MCC and submitted in accordance with the Reporting Guidelines. Each 

Disbursement Request will include the following reference number: GR10PHL10010. 

(b) (i) Each Activity being funded by such CIF Disbursement will facilitate 

implementation of the Compact, (ii) there has been no violation of, and the use of the requested 

funds for the purposes requested will not violate, the limitations on the use or treatment of (1) 

MCC Funding, as set forth in this Compact, including under Section 2.7, or (2) Compact 

Implementation Funding, (iii) no material breach of any covenant, obligation, or responsibility of 

the Government or MCA-Philippines under this Compact, the Program Implementation 

Agreement, any supplemental agreement, or any Program Guidelines has occurred or is 

continuing, and (iv) any Taxes and Contributions paid with MCC Funding prior to or on the date 

ninety (90) days prior to the start of the applicable Disbursement Period have been assumed by 

the Government in full in accordance with this Compact. 
ANNEX IV - 3 

(c) The MCA-Philippines Procurement Plan will be in full force and effect. 

(d) The MCA-Philippines Fiscal Accountability Plan will be in full force and effect. 

(e) Each of the Fiscal Agent Agreement, the MCA-Philippines agreement with the 

Procurement Agent, and the Bank Agreement will be in full force and effect without 

modification, alteration, rescission, or suspension of any kind, unless otherwise agreed by MCC, 

and no material breach has occurred or is continuing thereunder. 

(f) The Permitted Account will be in existence. 

(g) The tax assumption mechanism set forth in the Program Implementation 

Agreement will be in full force and effect. 
ANNEX V 

DEFINITIONS 

Activity has the meaning provided in Part B of Annex I. 

Additional Representative has the meaning provided in Section 4.2. 

Audit Guidelines has the meaning provided in Section 3.8(a). 

Baseline has the meaning provided in paragraph 3 of Annex III. 

BIR has the meaning provided in paragraph 3(a) of Part B of Annex I. 

Board of Trustees has the meaning provided in paragraph 4(c)(i)(1) of Part B of Annex I. 

CIF Disbursement has the meaning provided in Annex IV. 

Compact has the meaning provided in the Preamble. 

Compact Goal has the meaning provided in Section 1.1. 

Compact Implementation Funding has the meaning provided in Section 2.2(a). 

Compact Records has the meaning provided in Section 3.7(a). 

Compact Term has the meaning provided in Section 7.3. 

Covered Provider has the meaning provided in Section 3.7(c). 

Disbursement has the meaning provided in Section 2.4. 

DSWD has the meaning provided in Section 8.1(a)(i). 

Establishment Decree has the meaning provided in Section 3.2(b). 

eTIS has the meaning provided in paragraph 3(b) of Part B of Annex I. 

Evaluation Component has the meaning provided in paragraph 1 of Annex III. 

Excess CIF Amount has the meaning provided in Section 2.2(d). 

Final Evaluations has the meaning provided in paragraph 4(b) of Annex III. 

Fiscal Agent has the meaning provided in paragraph 4(e) of Part B of Annex I. 

Governance Guidelines has the meaning provided in paragraph 4(c) of Part B of Annex I. 

Government has the meaning provided in the Preamble. 

IMF has the meaning provided in paragraph 3(b)(i)(1) of Part B of Annex I. 
ANNEX V- 2 

Implementation Letter has the meaning provided in Section 3.5. 

Implementing Entity has the meaning provided paragraph 4(d) of Part B of Annex I. 

Implementing Entity Agreement has the meaning provided in paragraph 4(d) of Part B of Annex I. 

Indicators has the meaning provided in paragraph 3(a) of Annex III. 

Inspector General has the meaning provided in Section 3.8(a). 

KALAHI-CIDSS has the meaning provided in paragraph 1(a) of Part B of Annex I. 

KALAHI-CIDSS Project has the meaning provided in paragraph 1(a) of Part B of Annex I. 

KC1 has the meaning provided in paragraph 1(a) of Part B of Annex I. 

M&E Annex has the meaning provided in Annex III. 

M&E Plan has the meaning provided in Annex III. 

Management Unit has the meaning provided in paragraph 4(c)(iii)(1) of Part B of Annex I. 

MCA Act has the meaning provided in Section 2.2(a). 

MCA-Philippines has the meaning provided in Section 3.2(b). 

MCA-Philippines Bylaws has the meaning provided in paragraph 4(c) of Part B of Annex I. 

MCC has the meaning provided in the Preamble. 

MCC Environmental Guidelines has the meaning provided in Section 2.7(c). 

MCC Funding has the meaning provided in Section 2.3. 

MCC Policy for Monitoring and Evaluation of Compacts and Threshold Programs has the meaning 

provided for in paragraph 4 of Annex III. 

MCC Program Procurement Guidelines has the meaning provided in Section 3.6. 

MCC Website has the meaning provided in Section 2.7. 

Monitoring Component has the meaning provided in paragraph 1 of Annex III. 

Multi-Year Financial Plan Summary has the meaning provided in paragraph 1 of Annex II. 

OP 4.12 has the meaning provided in paragraph 3 of Part A of Annex I. 

Party and Parties has the meaning provided in the Preamble. 

Permitted Account has the meaning provided in Section 2.4. 
ANNEX V- 3 

The Philippines has the meaning provided in the Preamble. 

Principal Representative has the meaning provided in Section 4.2. 

Procurement Agent has the meaning provided in paragraph 4(f) of Part B of Annex I. 

Program has the meaning provided in the Preamble. 

Program Assets include MCC Funding, interest accrued thereon, and any assets, goods or property (real, 

tangible or intangible) purchased or financed in whole or in part (directly or indirectly) by MCC 

Funding. 

Program Funding has the meaning provided in Section 2.1. 

Program Guidelines means collectively the Audit Guidelines, the MCC Environmental Guidelines, the 

Governance Guidelines, the MCC Program Procurement Guidelines, the Reporting Guidelines, the MCC 

Policy for Monitoring and Evaluation of Compacts and Threshold Programs, and any other guidelines, 

policies or guidance papers from time to time published on the MCC Website. 

Program Implementation Agreement or PIA has the meaning provided in Section 3.1. 

Program Objective has the meaning provided in Section 1.2. 

Project(s) has the meaning provided in Section 6.2(b). 

Project Objective(s) has the meaning provided in Section 1.3. 

Provider has the meaning provided in Section 3.7(c). 

Reporting Guidelines means the MCC “Guidance on Quarterly MCA Disbursement Request and 

Reporting Package” posted by MCC on the MCC Website or otherwise publicly made available.

Revenue Administration Reform Project has the meaning provided in paragraph 3(b) of Part B of 

Annex I. 

RIPS has the meaning provided in paragraph 3(b) of Part B of Annex I. 

Secondary National Roads Development Project has the meaning provided in paragraph 2(b) of Part B 

of Annex I. 

Stakeholders’ Committee has the meaning provided in paragraph 4(c)(ii)(1) of Part B of Annex I. 

Target has the meaning provided in paragraph 3(a) of Annex III. 

Taxes and Contributions has the meaning provided in Section 2.8. 

United States Dollars or US$ means the lawful currency of the United States of America. 

USAID has the meaning provided in paragraph 1(e) of Part B of Annex I.