Executive Order No. 37
RESTATING THE PRIVATIZATION POLICY OF THE GOVERNMENT
WHEREAS, Proclamation No. 50, s. 1986, launched a program for the disposition and privatization of government corporations and/or the assets thereof and created the Committee on Privatization (COP) and the Asset Privatization Trust (APT).
WHEREAS, Republic Act No. 7181, s. 1992, extended the life of the COP and APT from December 8, 1991 up to December 31, 1993;
WHEREAS, Administrative Order Nos. 8 and 9, s. 1992, directed the identification of idle government properties and recommend to the President an action plan for the disposition of such properties;
WHEREAS, 122 government-owned or -controlled corporations (GOCCs) were approved for privatization while 179 GOCCs were identified for retention, abolition, regularization or other dispositive modes;
WHEREAS, of the 122 GOCCs for privatization, 72 GOCCs were privatized/disposed as of September 30, 1992 generating gross sales proceeds of P 22 billion;
WHEREAS, 399 transferred assets were entrusted to APT for disposition, of which 288 were privatized/disposed as of September 30, 1992, generating gross sales proceeds of P 31 billion;
WHEREAS, the privatization program has proven successful and beneficial to the economy in terms of expanding private economic activity, improving investment climate, broadening ownership base and developing capital markets, and generating substantial revenues for priority government expenditures;
WHEREAS, there is still such potential for harnessing private initiative to undertake in behalf of government certain activities which can be more effectively and efficiently undertaken by the private sector;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. Restatement of Policy. – The National Government hereby reaffirms its privatization policy to promote an orderly, coordinated and efficient program for the privatization of government entities, assets or activities which are better managed, undertaken or owned by the private sector.
SEC. 2. Privatization of GOCCs Approved for Disposition. – Pursuant to the principles provided in Proclamation No. 50, s. 1986, the COP designated disposition entities shall submit to the COP a privatization action plan for all GOCCs approved for divestment as listed in Annex “A” within one month (1) from issuance hereof: Provided, That said action plan must contain a description of the privatization process to be adopted and a time frame for each step thereof. Said action plan shall include an offer to sell the company’s shares/assets within five (5) months from its approval by the COP.
SEC. 3. Review of GOCCs for Retention. – The Government Corporate Monitoring and Coordinating Committee (GCMCC) shall review the need to retain the GOCCs which were previously approved for retention, including but not limited to those listed in Annex “B” hereof, and submit its recommendation of companies, activities or assets thereof of a second group of GOCCs for privatization, to the COP within two (2) months from issuance hereof.
SEC. 4. Designation of Disposition Entity. – The COP shall review the list of disposition entities designated for the privatization of GOCCs and designate another disposition entity, such as the APT or the National development Company (NDC) if it is necessary for the effective and expeditious privatization of certain GOCCs.
SEC. 5. Sale of Idle Government Properties. – The Committees created pursuant to Administrative Order Nos. 8 and 9, s. 1992, shall submit its recommended action plan for the disposition of idle government properties to the President, through the COP, within three (3) months from issuance hereof.
SEC. 6. Privatization of Other Activities. – All heads of departments, bureaus, agencies and other government corporations shall identify their assets or activities which may be more efficiently, effectively and economically undertaken by the private sector through such arrangements as sale of physical assets, leasing of assets, management and maintenance contracts or build-operate-transfer (BOT) schemes. Where these are within their competence, they shall implement such privatization directly. Where these require actions of the office of the President or legislation, they shall submit their recommendations to the COP not later than three (3) months from issuance hereof. Where further assistance is needed, they may consult the COP and avail of grants for technical assistance for privatization, administered by the Department of Finance.
SEC. 7. Distribution of Net Proceeds. – Except for subsidiaries of the Government Service Insurance System and the Social Security System, all GOCCs shall remit to the National Government at least fifty per cent (50%) of the net proceeds derived from the sale of shares of assets effective October 1, 1992. Net proceeds shall mean gross proceeds less related liabilities and selling expenses.
SEC. 8. Implementing Rules. – The COP shall issue the necessary rules and regulations for the implementation of this Order within thirty (30) days from issuance hereof.
SEC. 9. Effectivity. – This Order shall take effect immediately.
Done in the City of Manila, this 2nd day of December, in the year of Our Lord, nineteen hundred and ninety-two.
ANNEX “A”
REMAINING GOCCs FOR PRIVATIZATION
CORPORATION |
AREA OF ACTIVITY |
ASSET PRODUCTION TRUST |
|
1. APO Production Unit Inc. |
Printing services |
2. Associated Bank |
Commercial banking |
3. Basin Dredging and Development Corporation |
Dredging and reclamation |
4. Bicolandia Sugar Development Corporation |
Sugar milling |
5. East Visayas Agricultural Projects, Inc. |
Swine, poultry, farming |
6. Leyte Park Hotels, Inc. |
Hotel operations |
7. Northern Foods Corp. |
Tomato paste production |
8. Philippine Fruit and Vegetable Industries Inc. |
Tomato paste production |
9. Philippine Shipyard Engineering Corp. |
Ship repair and fabrication of steel prod. |
10. Philippine Sugar Corporation |
Finance, acquisition, rehab/expansion of sugar mills |
11. Phividec Panay Agro-Industrial Corp. |
Plantation farming/fertilizer production and trading |
12. Ridge Resort and Convention Center, Inc. |
Resort and convention facility mgt. |
13. San Carlos Fruit Corp. |
Fruit puree production |
1. DBP Data Center Inc. |
Dev’t. and mgt. of DBP computer sys. and personnel |
2. Philippine Amanah Bank |
Commercial banking |
1. Food Terminal, Inc. |
Food, trading, processing, storage, real estate mgt. |
2. Republic Transport and Shipyard Corp. |
Sugar terminal and shipyard operation |
1. Metro Manila Transit Corp. |
Passenger bus operation and leasing |
2. Philippine Aerospace Development Corp. |
Aircraft mgt., maintenance eng., selling |
3. Philippine Helicopter Services Inc. |
Maintenance and overhaul of helicopters |
1. Manila Hotel Corporation |
Hotel operation and management |
2. Meat Packing Corporation of the Philippines |
Meat processing/canning |
1. Batangas Land Company Inc. |
Land ownership |
2. GY Real Estate Inc. |
Land ownership |
3. Kamayan Realty Corp. |
Land ownership |
4. Nadeco Realty Corp. |
Land ownership |
5. National Steel Corp. |
Steel production |
6. National Trucking and Forwarding Corp. |
Trucking, freight of forwarding |
7. NDC-Guthrie Estates, Inc. |
Palm oil production |
8. NDC-Guthrie Plantations, Inc. |
Palm oil production |
9. Philippine Associated Smelting and Refining Corp. |
Copper smelting and refining |
10. Philippine Phosphate Fertilizer Corp. |
Fertilizer production |
11. Philippine Plate Mills Company, Inc. |
Manufacturing of steel plates |
12. Philippine Pyrite Corp. |
Production of pyrite concentrates |
13. Pinagkaisa Realty Corp. |
Land ownership |
14. Refractories Corporation of the Philippines |
Production of basic refractories |
15. Semirara Coal Corp. |
Coal mining |
PRESIDENTIAL MANAGEMENT STAFF |
|
1. Integrated Food Mills Corp. |
Feed production |
2. Marawi Resort Hotel Inc. |
Hotel operation |
3. Mindeva Coco-Coir Industries, Inc. |
Production of coco-coir fiber product |
4. Mountain Springs Development Corp. |
Swine raising |
5. Panaon Prawn Development Corp. |
Prawn fry and larvae raising |
6. Shoe Technology Corp. |
Footwear manufacturing |
1. Filoil Industrial Estates Inc. |
Land ownership |
2. Filoil Refinery Corp. |
Oil refining |
3. Malangas Coal Corp. |
Coal refining Int’l. |
4. PNOC Oil Carriers, Inc. |
Oil Tanker operation |
1. NIA-consult, Inc. |
Consultancy, mgt. and special services of projects |
Source: Committee on Privatization, October 31, 1992.
ANNEX “B”
LIST OF RETAINED GOCCs
As of 31 August 1992
NAME OF CORPORATIONS |
OFFICE TO W/C ATTACHED |
11. Philippine Veterans Assistance Commission |
|
12. Philippine Veterans Bank |
|
13. Philippine Veterans Investment Development Corporation |
|
14. Phividec Industrial Authority |
|
15. Veterans Federation of the Philippines |
|
17. Philippine Export & Foreign Loan Guarantee Corporation |
|
20. Philippine Children’s Medical Center |
|
24. Philippine Tourism Authority (Including Duty Free Shops, other assets or subsidiaries) |
|
32. Asean Copper Products, Inc. |
|
33. Center for International Trade & Exposition Missions, Inc. |
|
34. Cottage Industries Technology Center (Formerly NACIDA) |
|
37. a. Manila Gas Corporation |
|
38. a.1. Inter-Island Gas Service, Inc. |
|
39. a.2. Pagkakaisa Gas Storage Corporation |
|
OP |
|
OP |
|
OP |
|
51. b. Private Debt Restructuring & Repayment Corporation |
OP |
OP |
|
OP |
|
OP |
|
OP |
|
OP |
|
57. a. LBP Insurance Brokerage, Inc. |
OP |
58. b. LBP Leasing Corporation |
OP |
59. c. Lumang Bayan Realty Development Corporation |
OP |
60. d. Masaganang Sakahan, Inc. |
OP |
61. Livelihood Corporation |
OP |
62. National Agri-Business Corporation |
OP |
63. National Power Corporation |
OP |
64. PAGCOR Services, Inc. |
OP |
65. People’s Television Network, Inc. |
OP |
66. Philippine Center for Economic Development |
OP |
OP |
|
68. a. Petron Corporation |
OP |
69. b. Petron Tankers Corporation |
OP |
70. c. Petrophil Tankers Corporation |
OP |
OP |
|
72. e. PNOC Exploration Corporation |
OP |
73. f. PNOC Shipping & Transport Corporation |
OP |
74. g. PNOC Tankers Corporation |
OP |
OP |
|
OP |
|
OP |
|
78. Southern Philippines Development Authority |
OP |
79. Strategic Investment Development Corporation |
OP |
OP |
|
OP |
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