Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
INCREASING THE PRIVATE SECTOR PARTICIPATION IN THE 
INFRASTRUCTURE INDUSTRY, AMENDING FURTHER REPUBLIC ACT NO. 
6957, ENTITLED "AN ACT AUTHORIZING THE FINANCING, CONSTRUCTION, 
OPERA AND MAINTENANCE OF INFRASTRUCTURE PROJECTS BY THE 
SECTOR, AND FOR OTHER PURPOSES, "AS AMENDED 
EXPLANATORY NOTE 
One of the priority bills of President Ferdinand R. Marcos, Jr. in his 2022 State of 
the Nation Address (SONA) is the amendments to the Build-Operate-Transfer Law.  
This seeks to improve the implementation of the Public Private Partnership (PPP) 
Program and to be able to direct the desired outputs and outcomes in line with the strategic 
development targets of the country.  Specifically, the amendments seek to:  
1. Address the ambiguities in the existing law;
2. Address the bottlenecks and challenges affecting the implementation of the PPP
Program; and, 
3. Foster a more competitive and enabling environment for PPPs.
On behalf of the people of Parañaque City’s Second District, and for the common 
good of the Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
August 31, 2022
8:54 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
INCREASING THE PRIVATE SECTOR PARTICIPATION IN THE 
INFRASTRUCTURE INDUSTRY, AMENDING FURTHER REPUBLIC ACT NO. 
6957, ENTITLED "AN ACT AUTHORIZING THE FINANCING, CONSTRUCTION, 
OPERA AND MAINTENANCE OF INFRASTRUCTURE PROJECTS BY THE 
SECTOR, AND FOR OTHER PURPOSES, "AS AMENDED 
Be it enacted by the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
SECTION. 1. Section 4-A of the same Act, as amended is hereby further 
amended to read as follows: 
"SEC. 4-A. Unsolicited proposals. — Unsolicited proposals for 
projects may be
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working—days)] SUBMITTED. UPON RECEIPT OF THE UNSOLICITED PROPOSAL, 
THE GOVERNMENT AGENCY, GOVERNMENT-OWNED AND CONTROLLED 
CORPORATION (GOCC), OR LOCAL GOVERNMENT UNIT (LGU) CONCERNED MAY 
DO ANY OF THE FOLLOWING: (1) USE THE UNSOLICITED PROPOSAL AS THE 
BASIS FOR PUBLIC BIDDING AS PROVIDED IN SECTION 5 OF THIS ACT AND IF A 
FINAL AWARD TO A WINNING BIDDER IS MADE ON THE BASIS OF THE 
UNSOLICITED PROPOSAL WITHIN ONE (1) YEAR FROM THE SUBMISSION 
THEREOF, AS DETERMINED BY THE NATIONAL ECONOMIC AND DEVELOPMENT 
AUTHORITY (NEDA), THE ORIGINAL PROPONENT OF THE UNSOLICITED 
PROPOSAL MAY BE REIMBURSED FOR COSTS INCURRED IN ITS PREPARATION, 
INCLUDING, THE COST OF ANY FEASIBILITY STUDY UNDERTAKEN: PROVIDED, 
THAT SUCH REIMBURSEMENT IS (A) EQUIVALENT TO THE AMOUNT 
DETERMINED BY NEDA, BUT NOT EXCEEDING THREE PERCENT (3%) OF THE 
TOTAL PROJECT COST, EXCLUDING ANY PROJECT COST BORNE ΒΥ ΤΗΕ 
GOVERNMENT SUCH AS ΤΗΕ COST OF RIGHT-OF-WAY ACQUISITIONS, AND (B) 
PAID ΙΝ FULL ΒΥ ΤΗΕ WINNING BIDDER AS Α REQUIREMENT FOR ΤΗΕ AWARD 0F 
ΤΗΕ PROJECT; 
(2) ACCEPT ΤΗΕ UNSOLlClTED PROPOSAL ΟΝ Α NEGOTIATED BASIS 
SUBJECT ΤΟ ΤΗΕ FOLLOWING CONDITIONS: (Α) ΤΗΕ PROJECTS INVOLVE 
Α NEW CONCEPT ΙΝ TECHNOLOGY AND ARE ΝΟΤ PART OF ΤΗΕ LIST OF 
PRIORITY PROJECTS; (B) ΝΟ DIRECT GOVERNMENT GUARANTEE, 
SUBSIDY OR EQUITY, OR ΑΝΥ FORM OF ΡΑΥΜΕΝΤ OR SECURITY FROM 
ΤΗΕ GOVERNMENT IS REQUIRED AS PROVIDED ΙΝ ΤΗΕ IMMEDIATELY 
SUCCEEDlNG SECTION; AND (C) ΤΗΕ GOVERNMENT AGENCY OR HAS 
INVITED ΒΥ PUBLlCATlON FOR THREE (3) CONSECUTIVE WEEKS, ΙΝ Α 
NEWSPAPER 
0F 
 
GENERAL 
CIRCULATION, 
COMPARATIVE 
OR 
COMPETITIVE  PROPOSALS, AND ΝΟ OTHER PROPOSAL IS RECEIVED FOR 


Α PERIOD ΤΟ ΒΕ DETERMINED ΒΥ NEDA, ΒUT ΝΟΤ ΤΟ EXCEED  ΟΝΕ (1) 
YEAR: PROVIDED, ΤΗΑΤ ΙΝ ΤΗΕ EVENT ANOTHER 
PROPONENT SUBMlTS Α PROPOSAL LOWER ΙΝ PRICE, ΤΗΕ ORIGINAL 
PROPONENT SHALL HAVE ΤΗΕ RIGHT ΤΟ MATCH 
ΤΗΑΤ PRICE WITHIN ΤΗΙRΤΥ (30) WORKING DAYS; OR (3) REJECT 
ΤΗΕ UNSOLlClTED PROPOSAL.“ 
SEC. 2. A new section is hereby added after Section 4-A of the same 
Act, as amended and denominated as Section 4-B to read as follows: “SEC. 4-B. 
PROHIBITION AGAINST GOVERNMENT 
GUARANTEES OR PAYMENTS. - NOTWITHSTANDING ANY AGREEMENT TO THE 
CONTRARY, THE PROJECT PROPONENT OF AN UNSOLICITED PROPOSAL 
ACCEPTED BY THE GOVERNMENT ON A NEGOTIATED BASIS IN ACCORDANCE 
WITH SECTION 4-A (2) SHALL NOT, AT ANYTIME, BE ENTITLED TO ANY FORM OF 
PAYMENT OR SECURITY FROM THE GOVERNMENT INCLUDING COST SHARING, 
CREDIT ENHANCEMENT, DIRECT OR INDIRECT GOVERNMENT GUARANTEE, 
SUBSIDY OR EQUITY." 
 
SEC. 3. A new section is hereby added after Section 10 of the same Act, as 
amended and denominated as Section 10-A to read as follows: 
"SEC. 10-A. PROJECTS OF NATIONAL SIGNIFICANCE, UPON CERTIFICATION AND 
RECOMMENDATION OF NEDA, THE 
PRESIDENT MAY CLASSIFY CERTAIN PROJECTS UNDERTAKEN 
UNDER THIS ACT AS PROJECTS OF NATIONAL SIGNIFICANCE.  PROJECTS 
OF NATIONAL SIGNIFICANCE ARE ENTITLED TO THE FOLLOWING 
INCENTIVES: 
 
(A) ALL REAL PROPERTIES WHICH ARE ACTUALLY AND DIRECTLY USED 
FOR THE PROJECT ARE EXEMPT FROM ANY AND ALL REAL PROPERTY 
TAXES LEVIED UNDER THE LOCAL 
GOVERNMENT CODE; 
 


(B) ALL LOCAL TAXES IMPOSED IN METRO MANILA OR BY A PROVINCE, CITY 
OR MUNICIPALITY UPON THE PROJECT PROPONENT PURSUANT TO THE 
LOCAL GOVERNMENT CODE 91 SHALL NOT EXCEED FIFTY PERCENT (50%) 
OF ONE PERCENT (1%) OF GROSS SALES OR RECEIPTS OF THE PRECEDING 
CALENDAR YEAR; 
 
(C) THE NECESSARY BUSINESS PERMITS, INCLUDING ANY RENEWAL 
THEREOF, SHALL BE GRANTED OR ISSUED TO THE WINNING PROJECT 
PROPONENT UPON TENDER OF THE REQUIRED TAXES AND FEES TO THE 
APPROPRIATE LGU. 
 
FOR PURPOSES OF THIS SECTION, IN ORDER FOR A PROJECT TO QUALIFY 
AS A PROJECT OF NATIONAL SIGNIFICANCE, THE FOLLOWING CONDITIONS 
MUST BE COMPLIED WITH: 
 
(1) THE TOTAL COST OF THE PROJECT IS AT LEAST FIVE 103 BILLION 
PESOS AND 
 
(2) THE PROJECT MAY DIRECTLY BENEFIT AT LEAST TWO (2) PROVINCES." 
SEC. 4. A new section to be numbered as Section 11 of the same Act is 107 hereby 
added to read as follows: 
 
"SEC. 11. 
PROHIBITION ON THE ISSUANCE OF TEMPORARY RESTRAINING 
ORDERS, PRELIMINARY INJUNCTIONS AND PRELIMINARY MANDATORY 
INJUNCTIONS. - EXCEPT FOR THE SUPREME COURT, NO COURT SHALL ISSUE 
ANY TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, OR 
PRELIMINARY MANDATORY INJUNCTION  AGAINST THE GOVERNMENT, OR 
ANY OF ITS SUBDIVISION OFFICIALS OR ANY PERSON OR ENTITY, WHETHER 
PUBLIC OR PRIVATE, ACTING UNDER THE AUTHORITY OF THE GOVERNMENT, 
TO RESTRAIN, PROHIBIT OR COMPEL ANY OF 
THE FOLLOWING ACTS WITH 
REGARD TO PROJECTS OF 
NATIONAL SIGNIFICANCE UNDER THE 
IMMEDIATELY 
PRECEDING SECTION: 
(A) ACQUISITION, CLEARANCE, AND DEVELOPMENT OF 


THE RIGHT-OF-WAY AND SITE OR LOCATION; 
(B) BIDDING OR AWARDING;  
(C) COMMENCEMENT, PROSECUTION, EXECUTION, IMPLEMENTATION AND 
OPERATION; 
(D) TERMINATION OR RESCISSION OF THE CONTRACT; OR 
(E) THE UNDERTAKING OR AUTHORIZATION OF ANY OTHER LAWFUL 
ACTIVITY NECESSARY OR IN CONNECTION WITH THE EXECUTION OR 
IMPLEMENTATION OF THE PROJECT. 
THE 
PROHIBITION 
SHALL 
APPLY 
IN 
ALL 
CASES, 
DISPUTES 
OR 
CONTROVERSIES INSTITUTED BY A PRIVATE PARTY, INCLUDING CASES 
FILED BY BIDDERS OR THOSE CLAIMING TO REPRESENT SUCH BIDDERS 
INVOLVING PROJECTS OF NATIONAL SIGNIFICANCE. THIS PROHIBITION 
SHALL NOT APPLY WHEN THE MATTER IS OF EXTREME 
URGENCY INVOLVING A CONSTITUTIONAL ISSUE, SUCH THAT UNLESS A 
TEMPORARY RESTRAINING ORDER IS ISSUED, GRAVE INJUSTICE AND 
IRREPARABLE INJURY MAY ARISE. THE APPLICANT SHALL FILE A BOND, IN 
AN AMOUNT TO BE FIXED 
BY THE COURT, WHICH BOND SHALL ACCRUE IN FAVOR OF THE 
GOVERNMENT IF THE COURT RENDERS A DECISION THAT THE APPLICANT 
IS NOT ENTITLED TO THE RELIEF SOUGHT. 
ANY TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND 
PRELIMINARY MANDATORY INJUNCTION ISSUED IN VIOLATION OF THIS 
SECTION IS VOID AND OF NO FORCE AND EFFECT." 
 
SEC. 5. Sections 11, 12, and 13 of the same Act, as amended are hereby renumbered as 
Sections 12, 13, and 14 accordingly. 
 
SEC. 6. Within sixty (60) days from the effectivity of this Act, the Secretary of 
Public Works and Highways shall, in coordination with the Secretary of Finance, Secretary 
of Local Government, Director General of the National Economic and Development 
Authority, and duly authorized representative from the private Philippine construction 
industry, issue the necessary rules and regulations for the effective 


implementation of this Act. 
 
SEC. 7. This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or in a newspaper of general circulation. 
Approved,