FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
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Introduced by Senator Biazon 
Explanatory Note 
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“The President may contract or guarantee foreign loans on behalf of the 
Republic of the Philippines with the prior concurrence of the Monetary Board, and 
subject to such limitations as may be provided by law. The Monetary Board shall, 
within thirty days from the end of every quarter of the calendar year, submit to the 
Congress a complete report of its decision on applications for loans to be contracted 
or guaranteed by the Government or government-owned and controlled corporations 
which would have the effect of increasing the foreign debt, and containing other 
matters as may be provided by law.” (Article VI/, Section 20) 
“Subject to reasonable conditions prescribed by law, the State adopts and 
implements a policy of full public disclosure of all its transactions involving public 
interest.” (Article (I, Section 28) 
“Foreign loans may only be incurred in accordance with law and the 
regulation of the monetary authority. Information on foreign loans obtained or 
guaranteed by the Government shall be made available to the public.” (Article 
XII, Section 21) 
The 1987 Constitution, while authorizing the executive department through the 
President to contract foreign loans on behalf of the Republic, is rich with provisions 
seeking to protect the country’s interest against possible abuses. Thus, there is the 
requirement to report to Congress on top of the exercise by Congress of its inherent 
function of oversight. 
For the year 2007 alone, the country is shelling out P328.733 Billion on interest 
payments alone. 
This bill proposes to centralize the myriad of functions and responsibilities 
distributed among various agencies concerning foreign loans from negotiation to debt 
servicing to one single agency. This new Cabinet level agency, composed of a board as 
its highest policy-making body, shall be the primary agency of the government that will 
integrate and coordinate the country’s debt management system that includes debt 
recording and inventory, debt monitoring and analysis, risk management, debt planning; 
debt service payments; advise on debt negotiations and borrowings, and formulation of 
debt policies and strategies. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
SenatoY 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
1 
1 J& -3 
P 3 :'I 4 
OF THE PHILIPPINES 
First Regular Session 
) 
S E N A T E  
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FX ' 
S. No. 825 
Introduced by Senator Biazon 
AN ACT 
CREATING THE DEBT MANAGEMENT BOARD, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Section One. Short Title. -- This Act shall be known as the "Debt 
Philippines in Congress assembled: 
Management Board Charter." 
Section 2. Declaration of Policy. -- It is hereby declared the policy of the 
State, consistent with the mandate by the Constitution, to implement a sound and 
effective debt management system and strategies as an integral part of the 
country's overall macroeconomic management and public administration. 
Section 3. Definition of Terms. -- When used in this Act, the following 
terms or words and phrases shall mean or be understood as follows: 
a. "Debt" refers to the stock of total liabilities or obligations at any given 
time, whether of the national government or the consolidated non-financial public 
sector, or both. 
b. "Debt management" refers to the process of establishing and 
implementing a strategy for prudently managing the government's debt in order 
to achieve the government's risk and cost objectives and any other sovereign 
debt management goals the government may have set. 
c. "Debt service" refers to the sum of loan repayments, interest payments, 
commitment fees and other charges on foreign and domestic borrowings. 
d. "Consolidated public sector debt" refers to the total indebtedness, 
whether foreign or domestic, of the National Government, Local Government, 
Government Owned and Controlled Corporations and Financial Institutions. 
e. "Government Owned and Controlled Corporations (GOCCs)" refer to a 
stock or non-stock corporation, whether performing governmental or propriety 
functions, which is directly chartered by a special law, or if organized under the 
general corporation law is owned or controlled by the government directly or 
through a parent corporation or subsidiary corporation, to the extent of at least a 
majority of its outstanding capital stock or of its outstanding voting capital stock. 
f. "National Government" refers to the executive, legislative, and judiciary 
branches of the government, including the constitutional offices. 
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g. "National government debt" refers to all security issuances and loans of 
Section 4. Creation of the Debt Management Board and its Composition. - 
To carry out the above-declared policy, there is hereby created, within thirty (30) 
days after the effectivity of this Act, a Debt Management Board, hereinafter 
referred to as the Board. 
The Board, which shall be a Cabinet level agency, shall be the primary 
agency of the government that will integrate and coordinate the country's debt 
management system that includes debt recording and inventory, debt monitoring 
and analysis, risk management, debt planning; debt service payments; advise on 
debt negotiations and borrowings, and formulation of debt policies and strategies. 
the National Government. 
The Board shall be composed of the following: 
a. The President as its Chairperson; 
6. Director-General of the Board's Secretariat as its Vice-Chairperson 
c. Executive Secretary: 
d. Secretary of Finance: 
e. Secretary of Budget and Management; 
f. Secretary of Foreign Affairs; 
g. Secretary of Trade & Industry; 
h. Governor of the Bangko Sentral ng Pilipinas; 
i. Director-General of the National Economic and Development Authority 
j. One representative from the academe: 
k. Two representatives from civil society organizations actively engaged in 
I. One representative from the business sector; 
Provided, that members from the last three groups as stated above shall 
be appointed by the President and shall perform the functions of the office for two 
(2) years. 
The Board shall meet at least once a month or as frequently as is 
necessary to discharge its responsibilities as determined by the President. 
(NEDA); 
socio-economic activities; and 
The members of the Board shall not receive additional compensation, 
allowances or emoluments for services rendered thereto except traveling and 
other necessary expenses to attain its goals and objectives. 
Section 5. Powers and Functions of the Board. -The Board shall have the 
following powers and functions: 
a. Formulate and recommend well-defined and feasible debt management 
strategies and policies in order to maintain the country's debt at a sustainable 
level in accordance with the medium-term and long-term Philippine Development 
Plan; 
b. Provide an inventory and audit of all loans acquired by the Philippine 
government, government owned and controlled corporations (GOCCs), local 
government units (LGUs), government financial institutions (GFls), and other 
public and private entities that constitute the country's public sector debt: 
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c. Develop, recommend and implement policies, guidelines and control 
mechanisms and ceilings on foreign and domestic borrowings to ensure debt 
sustainability; 
d. Conduct debt sustainability analyses and risk management to assess 
optimal borrowing levels and conduct studies or review and recommend policies 
and regulations governing external borrowings, foreign investments and other 
foreign exchange transactions; 
e. Study and recommend for approval by the Monetary Board different 
debt transactions such as negotiations for new borrowings, utilization and 
monitoring of loan proceeds, and debt servicing; 
f. Formulate and recommend policies for the establishment and 
continuous review of the legal, administrative and institutional arrangements for 
centralized and well-coordinated debt management operations; 
g. Provide adequate resources for an effective debt management such as, 
but not limited to, competent and qualified staff, technical experts in the area of 
debt management, communication equipment, and others; 
h. Prepare proposals for discussion in bilateral, regional and international 
fora and promote active and appropriate representation of the country's interests 
and concerns; 
i. Adopt operational guidelines and internal rules of procedure and cite for 
j. Conduct hearings and a public audit of all loans and receive testimonies, 
reports and technical advice; 
k. Invite or summon by subpoena any public official, private citizen or any 
other person to testify before it or require any person by subpoena duces tecum 
to produce before it such records, reports, documents or other materials as it 
may require; and 
I. Perform such other functions which, in the opinion of the Board, are 
required for the effective implementation of its functions under this Act. 
The Debt Management Office. - There is hereby created 
the Debt Management Office, hereinafter referred to as the Office, which shall 
have the following powers and functions: 
a. Serve as the research and technical support arm of the Board; 
b. Provide technical staff support and assistance, including the conduct of 
studies and development of policy measures and other recommendations, on the 
various aspects of the functions of debt management, and coordination, 
evaluation and monitoring of all foreign and domestic borrowings. 
contempt violations thereof; 
Section 6. 
c. Serve as the Secretariat of the Board; and 
d. Regularly publish different debt transactions such as negotiation for 
d. Perform such other functions as may be assigned to it by the Board to 
new borrowings, utilization and monitoring of loan proceeds, and debt servicing; 
achieve its goals and objectives. 
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Section 7. The Office 
of the Director General. -- The Office shall be 
headed by a Director-General who shall be the Vice Chairperson of the Debt 
Management Board, and shall be appointed by the President. The Director- 
General shall be a member of the Cabinet. 
As chief executive officer of the Board Secretariat, the Director-General 
shall exercise general supervision and control over its technical and 
administrative personnel. 
Section 8. Duties and Responsibilities of the Director General. -- The 
Director General shall have the following duties and responsibilities: 
a. Advise the President on the promulgation of rules, regulations and other 
issuances relative to debt and risk management; 
b. Submit regular reports to the President and the Congress; 
c. Ensure public transparency on all matters regarding public and private 
d. Establish policies and standards for the efficient and effective 
loans, debt payments and other transactions of the Board; 
operations of the Board in accordance with the programs of the Government; 
e. Promulgate rules, regulations and other issuances necessary in 
carrying out the Board's mandate, objectives, policies, plans, programs and 
projects; 
h. Perform other functions as may be provided by law or assigned by the 
President. 
Section 9. The Deputy Director Generals. -- The Board shall have fwo (2) 
Deputy Director Generals who shall be appointed by the President and shall 
have the rank of Undersecretary. 
Each Deputy Director General shall directly supervise and manage a unit 
under the Board as enumerated under Section 10 hereof. 
Each Deputy Director General shall have the following functions; 
a. Advise the Director General in the promulgation of department orders, 
b. Exercise supervision over the offices, departments, operating units and 
officers and employees under his responsibility; 
c. Promulgate rules and regulations, consistent with Office policies that will 
efficiently and effectively govern the activities under hislher responsibility; 
d, Coordinate the functions and activities of the units under hislher 
responsibility with those of other units under the responsibility of other Deputy 
Director Generals; 
e. Exercise authority on substantive and administrative matters related to 
the functions and activities of units under his responsibility as may be delegated 
by the Director General; and 
administrative orders and other issuance; 
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f. Perform other functions as may be provided by law or assigned by the 
Section I O .  Support Units. -- There shall be two main support units under 
Director General. 
the Office as follows: 
a. Debt Monitorina and Analysis Unit. The Debt Monitoring and Analysis 
Unit shall be directly responsible for the inventory and audit of all foreign and 
domestic loans of the National government and its guarantees to all other 
corporations, national government agencies, local government units or any other 
entities. 
The Debt Monitoring and Analysis Unit shall have the following specific 
I. Maintain records/files of government securities, individual loan 
agreement and other pertinent documents on public debt; 
2. Generate various periodic reportslstatements on external and domestic 
debt such as monthly consolidated national government debt burden, 
consolidated public debt, annually or quarterly status of public debt, yearly andlor 
medium-term debt service estimates and monthly actual debt service; 
3. Submit such reports to higher planning, fiscal, monetary authorities, the 
Congress and Commission on Audit for planning purposes, operational decisions 
and audit requirements: 
4. Generate debt sustainability analyses and debt service forecasts: 
5. Provide analysis and explore various debt management options taking 
into consideration the economic and market conditions, and future structure of 
public debt: 
sustainability and credit risk exposure analyses; and 
functions: 
6. Recommend appropriate terms for new borrowings based on debt 
7. Perform other functions as may be provided by law or assigned by the 
b. Policy and Risk Manaaement Unit. The Policy and Risk Management 
Unit shall have the following specific functions: 
1. Develop and update guidelines for Debt Management through conduct 
of research, management of information technology systems, and perform 
administration functions; 
Director General or Deputy Director General. 
2. Develop the methods to reduce the costs of the debt; 
3. Propose risk management framework; 
4. Develop debt management strategy; 
5. Evaluate the performance and risks of the debt portfolio and its impact 
6. Report and manage credit risk exposure to Congress and to higher 
on government resources; 
fiscal and monetary authorities for planning: 
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7. Identify possible sources of funds; and 
8. Identify the range of instruments that can be used to access possible 
sources for borrowings. 
Section 11. Appropriations. The initial sum of one hundred million pesos 
(PhP 100,000,000.00) is hereby allocated to be charged against the current 
appropriation for the President's contingent fund and the savings of the 
Department of Finance as provided for by General Appropriations Act for fiscal 
year 2007. Its regular appropriation shall thereafter be under that of the 
Department of Finance. 
Section 12, lmplemenfing Rules and Regulations. -Within sixty (60) days 
from the effectivity of this Act, the Board shall promulgate the necessary rules 
and regulations for the proper implementation of the provisions of this Act. 
Section 13. Transitory Provision. Any existing government office or 
program dealing with or performing the functions as mentioned in this Act shall 
be integrated with the Board or Office, as the case may be, pursuant to the 
power of the President to reorganize the executive offices. 
For staffing and hiring purposes, the existing employees or officials of the 
Department of Finance or Bangko Sentral ng Pllipinas performing essentially the 
same tasks and functions as enumerated herein shall be prioritized without any 
diminution in rank, seniority, salary and other emoluments. 
Section 14. Repea/ing Clause. - All laws, rules, regulations, orders, 
circulars and memoranda inconsistent with this Act are hereby repealed or 
modified accordingly. 
Section 15. Separability Clause. - If, for any reason, any portion or 
provision of this Act or the application thereof shall be declared invalid or 
unconstitutional, the validity of other parts or provisions not affected thereby shall 
continue to be in full force and effect. 
Section 16. Effectivity. -This Act shall take effect fifteen (15) days after its 
publication in a newspaper of general circulation. 
Approved, 
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