GOCC
GOCC
GOCC
The views expressed herein are those of the consultant and do not necessarily represent those of ADB’s
members, Board of Directors, Management, or staff, and may be preliminary in nature.
CURRENCY EQUIVALENTS
(as of 22 May 2006)
Currency Unit – peso (P)
P1.00 = $0.019
$1.00 = P52.62
ABBREVIATIONS
ADB – Asian Development Bank
CAG – Corporate Affairs Group
DBM – Department of Budget and Management
DOF – Department of Finance
GOCC – government-owned and -controlled corporation
PCEG – Presidential Committee on Effective Governance
TA – technical assistance
NOTE
In this report, "$" refers to US dollars
1. The Government of the Philippines requested technical assistance (TA) from the Asian
Development Bank (ADB) to improve the Government’s monitoring and management of
government-owned and -controlled corporations (GOCCs). This is a priority undertaking that
would help achieve fiscal consolidation, and the TA 1 was consequently added to the ADB
nonlending program of the country strategy and program 2005–2007. The Fact-Finding Mission
was fielded on 15–29 November 2005 and agreement was reached with the Government on the
TA's purpose, scope, implementation mechanisms, and financing arrangements. The design
and monitoring framework for the TA is in Appendix 1.
II. ISSUES
2. Philippine GOCCs were created in one of three ways: by special laws, the corporation
code, or by judicial decisions. In general, the mandate of individual GOCCs involves either
socially-oriented responsibilities or the provision of basic services, such as transport, water,
power, housing, and a stabilized food supply. They also engage in developmental and
pioneering activities, including financing. The Department of Finance (DOF) estimates there are
736 GOCCs. The definition of a GOCC remains very complicated, as defined by legislative fiat,
presidential decrees, and administrative orders. 2 The 736 GOCCs include (i) those created by
judicial decision (e.g., local water districts), (ii) assets sequestered during the Marcos
administration, (iii) assets acquired by government corporations, and (iv) those created via
legislative charters.
3. The DOF is charged with monitoring the financial performance of all GOCCs. 3 Effectively,
however, only 14 corporations are closely monitored, due to their heavy dependence on the
national Government for financial support, either (i) directly through equity, subsidy, or advances
for debt servicing or (ii) indirectly through national Government guarantee of their obligations. 4
These14 GOCCs also account for a substantial portion of the consolidated public sector deficit.
In general, the DOF’s monitoring involves tracking of the financial performance of the 14 major
corporations and their debt obligations. In addition, the DOF, through its Corporate Affairs
Group (CAG), reviews the financial viability of the GOCCs, as well as their project, loan, and
guarantee proposals. The DOF is expanding its monitoring beyond the 14 major GOCCs to
include other corporations that may pose problems for the national Government. The requests
from the additional GOCCs for direct and indirect national Government support form the basis
for their financial performance monitoring. Inasmuch as the 14 major corporations comprise the
substantial portion of the assets and liabilities of the government corporate sector, the
consolidated financial performance of these major corporations provides an indication of the
aggregate financial performance of the government corporate sector. Notwithstanding, there
1
The TA first appeared in ADB Business Opportunities on 24 October 2005.
2
Such as Republic of the Philippines.1988. Rationalizing the Government Corporate Sector. Administrative Order.
Manila (AO59, series of 1988); and Presidential Decree No. 2029, Series of 1986 on Acquired Assets, among
others.
3
Under Executive Order 127-A3 (1987) and Administrative Order No. 163 (2001).
4
The 14 monitored GOCCs are Home Guaranty Corporation, Light Rail Transit Authority, Local Water Utilities
Administration, Manila Waterworks and Sewerage System, National Development Corporation, National
Electrification Administration, National Food Authority, National Housing Authority, National Irrigation Authority,
National Power Corporation (by virtue of the Electric Power Industry Reform Act, the Power Sector Assets and
Liabilities Management Corporation and the National Transmission Corporation are added to the list), Philippine
Economic Zone Authority, Philippine National Oil Corporation, Philippine National Railway, and Philippine Ports
Authority.
2
remains a need for regular monitoring of government corporations outside of the 14 major
GOCCs.
4. Most GOCCs are incurring significant financial losses. Budgetary support to the total
Government corporate sector (including government financial institutions, social security
institutions, and GOCCs providing goods and services to the public) amounted to P80.4 billion
during 2000–2004. In addition, indirect support, in the form of guarantees on GOCC obligations,
is also in the billions of pesos. In the past 5 years, there has been a noticeable increase in the
aggregate deficit of the 14 monitored GOCCs, bringing their financial viability into question.
While the 14 monitored GOCCs’ current and capital expenditures fluctuated around 6% of GDP,
revenues have fallen from 5% to 4.1% of GDP over 2000–2004, increasing the deficit of the
monitored GOCCs from 0.6% to 1.8% of GDP over the same period. In 2004, the monitored
GOCCs’ consolidated deficit was P85.4 billion, a more than fourfold increase from the 2000
level of P19.2 billion. The 2004 deficit is already about the same size as the potential new
revenues collected through the expanded value-added tax law. There are various reasons for
the ballooning GOCC deficits, including (i) failure to adjust tariff rates, (ii) large capital
requirements, and (iii) operational and management inefficiencies. The system used by the DOF
to report on and supervise the GOCCs needs to be reviewed to determine why the deficits
ballooned significantly in the past few years, and why the oversight mechanisms have failed to
reverse this trend. 5 There is also a need to (i) examine the sources of the ballooning GOCC
deficits, given the diverse nature of their operations and the services they provide; and (ii) find
long-term solutions to improve their viability as government corporations, and possibly to
suggest privatization programs in some cases.
5. The significant financial losses of the GOCCs contribute to the public sector debt. The
contribution of the monitored GOCCs’ debt stock to total public sector debt has been high and
increasing over the past 5 years, from 30.9% of total public sector debt in 2000 to 32.7% in
2003, with a slight decline to 29.3% in 2004. The increasing need for deficit financing will
continue to put pressure on the GOCC debt stock to rise, which would in turn add to the already
high levels of total public sector debt. The national Government’s combined outstanding debt
and estimated off-balance-sheet outstanding liabilities increased by P2.4 trillion 1997 to 2003.
According to a recent study, 6 nearly half of the increase is attributable to GOCC activities, both
on- and off-balance sheet. The situation makes fiscal consolidation much more challenging for
the Government. ADB’s Philippine country strategy and program for 2005–2007 acknowledges
these challenges, and makes support for fiscal consolidation a priority. In this context, the
Government has requested ADB assistance to support GOCC reform.
6. The TA supports a core element of the Government’s reform agenda. It complements
another ADB TA on debt and risk management, 7 as well as activities of other development
partners, including the World Bank, the Australian Agency for International Development, and
the United States Agency for International Development. The World Bank is providing
complementary support to the DOF for contingent liability management. The United States
Agency for International Development is helping the DOF Privatization Office prepare a
comprehensive inventory of GOCC and Government assets, and develop guidelines for
identifying and prioritizing assets and GOCCs for privatization. The Australian Agency for
International Development, through the Partnership for Economic Governance Reforms facility,
5
In the past 5 years, the National Power Corporation has contributed significantly to the overall deficit of GOCCs.
Reforms under the Power Sector Development Program supported by ADB are ongoing to address this issue.
Reforms specific to the National Power Corporation are not covered by this TA.
6
ADB. 2005. Putting GOCCs on Sound Footing: The Transformation Agenda. ADB Discussant Document. McKinsey
& Company, 2 August.
7
ADB. 2005. Technical Assistance to the Republic of the Philippines for Debt and Risk Management. Manila (TA
4717-PHI, for $720,000, approved on 7 December).
3
is supporting the DOF’s program of governance reforms for the GOCCs. ADB has worked
closely with development partners in the preparation of the TA, and will continue to do so during
the implementation process to ensure an efficient and effective use of resources. The DOF will
manage the ongoing interventions and ensure that development partners will coordinate their
GOCC strengthening and reform efforts.
7. The TA’s primary objective is to support the Government’s fiscal consolidation through
reforms in financial performance and monitoring of GOCCs, including (i) identifying
improvements in the operations of selected GOCCs that will have immediate positive financial
impact, thereby improving their financial performance and reducing their financial dependence
on the national Government; (ii) developing performance criteria, targets, and contracts for
selected GOCCs and identifying financial and nonfinancial incentives/rewards and penalties;
and (iii) strengthening financial performance review and monitoring of the GOCCs, and
improving the DOF’s data banking system for the GOCCs.
8. Impacts of the TA are macroeconomic stability through fiscal consolidation and more
effective and efficient delivery of GOCC public services. In the medium term, the TA provides
the primary building blocks to enhance good governance in the oversight functions of both the
national Government and individual GOCCs. The TA will support a framework to develop (i)
clarity with respect to the mandate and purpose of the GOCCs; (ii) strong performance-oriented
management and financial discipline for the GOCCs; and (iii) more effective and efficient
delivery of goods and services to the public, as envisioned in their mandates. The detailed
design and monitoring framework is in Appendix 1.
9. The key activities of the TA are divided into two main components:
10. The total cost of the TA is estimated to be $1,071,430 equivalent. The Government has
requested ADB to finance $750,000 equivalent. The TA will be financed on a grant basis by
ADB’s TA funding program. The Government will finance the balance of the local currency cost,
equivalent to $321,430, through in-kind provision of office accommodation, transport, and
counterpart staff. The detailed cost estimates are in Appendix 2.
D. Implementation Arrangements
11. The DOF will be the Executing Agency of the TA. An interagency steering committee,
formed and chaired by the DOF, will oversee TA progress and implement recommendations in
coordination with the interagency committees/government bodies concerned. The interagency
working group will include the National Economic and Development Authority (NEDA), the
Department of Budget and Management (DBM), representatives from the Office of the President,
and representatives from the selected GOCCs and their respective supervising agencies. The
DOF will provide overall direction for the study and take the lead in maintaining an efficient
information flow with the management of the selected GOCCs, their supervising agencies,
NEDA, the DBM, and other stakeholders concerned. The DOF will share the findings of the
report with the DBM, in support of the Government’s rationalization program under Executive
5
Order No. 366. 10 The DOF will also take the lead in disseminating information to the public on
the reform effort, with the support of this TA. Policy dialogue and consultation will be carried out
with the selected GOCCs and their respective supervising agencies to ensure ownership and
participation throughout the reform process, and to increase support for the recommended
reforms. The study will also be shared with other stakeholders (i.e., development partners, the
private sector, and academe) as the DOF deems necessary to ensure wider acceptance of and
support for the recommended reform measures. Training materials will be prepared as required.
12. The Government will commit to the required counterpart funding through the provision of
office space and staff resources.
13. A team of international and national consultants will implement the TA activities. A
project management and consulting firm will be engaged by ADB to implement Components A
and B, in accordance with ADB’s Guidelines on the Use of Consultants and other arrangements
satisfactory to ADB for the engagement of national consultants, using simplified technical
proposals under quality and cost-based selection. A total of 64 (28 international and 36 national)
person-months of consulting services will be required. The terms of reference (TOR) for the
consulting services with the details on the required duration of services are in Appendix 3. The
consultants will provide written reports in English on a regular basis: (i) an inception report to
include a comprehensive implementation plan will be submitted within 4 weeks after the start of
the TA; (ii) interim report; (ii) progress reports; and (iv) a draft final report and, subsequently, a
final report to be submitted before the end of the TA. Specific timing and content of reports will
be discussed with DOF, considering the desired timetable of reports submission for each GOCC.
The reports will be submitted to DOF and ADB (more reporting details specified in Appendix 3).
ADB will procure the required office equipment, computers, and printers in accordance with
ADB’s Procurement Guidelines. The TA will commence in June 2006 and will be implemented
over 22 months.
14. The President, acting under the authority delegated by the Board, has approved the
provision of technical assistance not exceeding the equivalent of $750,000 on a grant basis to
the Government of the Philippines for Government-Owned and -Controlled Corporations
Reform, and hereby reports this action to the Board.
10
Signed by President Gloria Macapagal-Arroyo on 4 October 2004, Executive Order 366, or the Rationalization and
Service Delivery Improvement Program, mandates all departments and agencies of the Government, including the
GOCCs and government financial institutions, to conduct a strategic review of their role and functions, and develop
possible organizational actions related to scaling down, phasing out, abolishing, strengthening, merging,
deactivating, consolidating, regularizing, and/or privatizing their functions. Executive Order 366 also directs all
agencies of the Government to provide a plan for the transition of displaced government workers. Executive Order
366’s implementing rules and regulations were issued on 11 May 2005.
6 Appendix 1
Outcome
Component 1 Assumptions
Financially viable GOCCs Improvements in GOCC Annual reports, GOCC • Continued
financial performance financial statements and/or commitment by
balance sheets, consultant GOCCs; continued
reports monitoring of
oversight agencies
Streamlined and efficient GOCC Progress in fiscal Performance indicators
service delivery mechanisms with consolidation • Successful change
clear performance criteria; in management
responsive to incentive and/or programs in the
merit system GOCCs
Component 2 Risk
Clarity in the Government Better public perception of Operating manuals • Breakdown in IT
oversight agencies’ authority, the GOCCs’ role in system of oversight
structure, resources and oversight provision of public goods agencies
functions
Component 1 Assumption
1. Recommendations for each Completion of reports Consultant reports; • Strong commitment
selected GOCC regarding: (i) government agency reports from the GOCCs
necessary financial restructuring, and/or progress updates and oversight
(ii) reforms in operational agencies
processes and their efficiency, (iii) Dissemination of report Workshops and/or training
Appendix 1 7
Component 2
1. Report identifying gaps and Workshops and/or training
weaknesses in the reporting,
accountability, monitoring, and
control systems
4. Recommendations to improve
the data banking and information
management system
• Submit within a month from inception of the TA an inception report, including (i) a work plan • International
indicating the strategy of engagement, (ii) assessment of the GOCCs readiness to engage, consulting services -
and (iii) the timetable to prioritize engagement with selected GOCCs; clustering and 3 consultants (28
prioritizing them into phases 1 to 3 schedule of engagement. person-months)
• Within 2 months from inception, coordinate with selected GOCCs on workplan and build the • National consulting
transformation team in selected GOCCs to form the basis for coordination and activity services – 5
implementation. consultants (36
person-months)
8 Appendix 1
• Submit quarterly progress reports in coordination with DOF, and relevant reports as required
by DOF and ADB. • Workshops and
seminars
• Conduct a midterm review to assess progress and report to secretary of finance on progress.
• Reports
• Submit a preliminary consolidated report (including manuals, analytical reports, among
others) as agreed with DOF and ADB. • PMU operating costs
• Conduct workshops, training and consultation meetings to feedback on preliminary results out • Contingencies
of the studies generated from GOCCs, supervising agencies of selected GOCCs, oversight
agencies and other stakeholders. The timing shall be agreed with DOF and ADB. • International and
local travel
• Submit final consolidated report to the Government and ADB on the 17th month from
inception.
ADB = Asian Development Bank, DOF = Department of Finance, GOCCs = government-owned and -controlled
corporations, IT = information technology, PMU = project management unit, TA = technical assistance.
Appendix 2 9
Total
Item Cost
A. Asian Development Bank (ADB) Financing
1. Consultants
a. Remuneration and Per Diem
i. International Consultants 382.00
ii. National Consultants 232.60
b. International and Local Travels 30.00
c. Reports and Communications 8.00
2. Equipment 20.00
3. Training, Seminars, and Conferences 35.80
4. Miscellaneous Administration and 4.00
Support Costs
5. Contingencies 37.60
Subtotal (A) 750.00
B. Government Financing
1. Office Accommodation and Transport 107.43
2. Remuneration and Per Diem 114.00
of Counterpart Staff
3. Others 100.00
Subtotal (B) 321.43
Total 1,071.43
a
Financed by ADB’s technical assistance funding program.
Source: ADB estimates.
10 Appendix 3
1. The qualifications and capability of the project management and consulting firm (and its
associated firms) to perform sustained contract management support for a number of varied
activities for components 1 and 2 will be a key determinant in the selection of consultants. The
equivalent of 14 person-months of consulting services will be provided by the firm’s international
consultant or project management and implementation expert, who will also serve as the team
leader, and who will undertake all project management, contracting, purchasing, and related
activities throughout the duration of the TA.
2. This function is distinct from the normal office overheads for support of consultants
fielded by the firm. The activities would include (i) intellectual leadership in the design of the
diagnostics; (ii) formulation of a strategy to engage and ensure commitments from selected
government-owned and -controlled corporations (GOCCs); (iii) contracting for IT services,
software and equipment; and (iv) the possible procurement or subcontracting of services
associated with some activities. The proposed work plan and methodology must clearly
demonstrate the firm’s capability to undertake these project management and implementation
functions.
3. The team leader is expected to draw guidance from the Department of Finance (DOF)
and the Asian Development Bank (ADB). The consultant should have knowledge in the areas of
corporate finance, financial management and auditing, financial restructuring, and project
management, and should have extensive exposure to and dealings with Philippine GOCCs
during the past 15 years. The consultant will be responsible for overseeing the implementation
and consolidated reporting of the two TA components.
4. This component will require the expertise of one international consultant and three
national consultants, to be engaged for a total of 8 person-months each, on an intermittent basis
over an 18-month period. The exact duration and timing will be determined in consultation with
the DOF.
5. The international consultant’s specialization will be in the area of corporate finance and
management; they should have over 10 years of experience in the field, and possess an in-
depth understanding of the workings of public enterprises. The consultant will (i) report directly
to the DOF; (ii) be familiar with processes, procedures, global best practices and issues relating
to state-owned enterprises or GOCCs, and (iii) have extensive experience in implementing
GOCC reforms in developing countries. The consultant will
(i) Provide technical and analytical leadership for the operational and financial
performance review of the selected GOCCs. 1
1
The selected GOCCs are (i) Bases Conversion Development Authority; (ii) Home Guaranty Corporation; (iii) Light
Rail Transit Authority; (iv) Philippine National Oil Company, including its two subsidiaries: Energy Development and
Exploration Corporations; (v) Philippine National Railways; and (vi) Small Business Guarantee Fund Corporation.
Appendix 3 11
6. The three national consultants will report directly to the international consultant and will
provide technical support for the activities mentioned in (ii)–(vi) above. The national consultants
will have the same range of expertise as the international consultants with over 7 years of
experience in the needed field of specialization.
7. The consultants will help the Government organize and conduct workshops and
seminars based on the findings of the TA, in order to build awareness and strengthen ownership
of the reforms among GOCC and oversight agency staff, development partners, and the public.
8. The TA will provide the necessary software, hardware, and training to effectively
implement the recommendations.
12 Appendix 3
9. This component will require the expertise of one international consultant and two
national consultants, to be engaged for a total of 6 person-months each on an intermittent basis
over an 18-month period. The exact duration/timing will be determined in consultation with the
DOF.
10. The international consultant’s specialization will include financial management and
analysis, project evaluation, and accounting and auditing, with over 10 years of experience. The
consultant will (i) report directly to the DOF; (ii) be familiar with the processes, procedures, and
global best practices on disclosure and monitoring and control, auditing, project evaluation, and
other related issues relating to state-owned enterprises or GOCCs; and (iii) have extensive
experience in implementing GOCC reforms in developing countries. The consultant will
(i) Perform an inventory of and understand the reports required by the DOF from the
GOCCs, and the reports generated by the Corporate Affairs Group (CAG) of the
DOF, including reports and information required by other agencies from the
GOCCs and the DOF.
(ii) Review the existing tools and parameters utilized by the DOF in (a) monitoring
and assessing the fiscal and financial performance, financial plans and programs
of the GOCCs, and (b) evaluating GOCC projects and loan/guarantee proposals.
(iii) Review and identify gaps and weaknesses in the existing data banking system
(including networking) at the CAG.
(iv) Recommend improved tools and parameters, including the necessary templates
and data banking system, to help CAG strengthen its capacity to assess and
monitor the fiscal and financial performance of the GOCCs, as well as evaluate
project and loan proposals and serve the information requirements of other
agencies.
(v) Test (a) the recommended improvements to the CAG data banking system
(including the necessary software and networking), (b) the necessary evaluation
and monitoring template for selected GOCCs, and (c) selected project and
loan/guarantee proposals.
11. The national consultants will report directly to the international consultant and will
provide technical support for the activities mentioned in (i)–(vii) above. At least one of the
national consultants will have a strong knowledge of information technology practices, including
financial modeling, with a strong background in finance and data banking practices relevant to
this task. The national consultants should have at least 7 years of experience in the needed field
of specialization.
Appendix 3 13
12. The consultants will help the Government organize and conduct workshops and
seminars based on the findings of the TA, in order to build awareness and strengthen ownership
of the reforms among GOCC and oversight agency staff, development partners, and the public.
13. The TA will provide the necessary software, hardware, and training to effectively
implement the recommendations.
(ii) Within 2 months of inception, the team will coordinate with selected GOCCs on
the work plan and build transformation teams in selected GOCCs, which will form
the basis for coordination and activity implementation.
(iii) Quarterly progress reports will be submitted in coordination with DOF, and other
reports submitted as required by the DOF and ADB.
(iv) A midterm review will be conducted to assess progress and report to the
secretary of finance on progress.
(vii) A final consolidated report will be submitted to the Government and ADB 17
months after inception.
2
A detailed timetable and activity schedule will be formulated with the DOF upon inception of the TA.