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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 1340 -
IMPROVING THE CONTROL MECHANISM OVER BORROWINGS OF GOVERNMENT OWNED OR
CONTROLLED CORPORATIONS |
The Governor, Central Bank of the Philippines
Chairmen, Board Members and Heads of Government
Owned or Controlled Corporations
The Heads of Government Financial Institutions
Whereas, it is frequently necessary for government owned or controlled corporations, including their respective subsidiaries, to incur domestic or foreign obligations in order to implement investment or capacity expansion programs;
Whereas, borrowings of many government owned or controlled corporations are guaranteed by the Republic under the provision of their respective Charters or as authorized for specific borrowings;
Whereas, the National Treasury has to make good on guaranteed obligations in the event that the borrower is unable to meet payments on interest and/or principal as they fall due;
Whereas, the national government has to limit its expenditures to what can be supported by tax and other revenues and the deficit level as authorized by the Batasang Pambansa under the General Appropriations Act and other budgetary laws;
Whereas, approved budgetary limits require strict economy in all aspects of government operations, including payments on guarantees that have to be made good;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby Order and Instruct:
1.
A government owned or controlled corporation, including any of its
subsidiaries organized by virtue of its corporate Charter and/or the
Corporation Law, may borrow only when the funds raised are used for
activities or projects that will yield the necessary return on
investment and generate the necessary cash flows in order to enable the
prompt repayment of interest and principal on the borrowings as they
fall due;
2. The
Minister of Finance shall require conclusive showing of return on
investment and cash flow adequacy before acting on any applications for
the Republic's guarantee on any borrowings;
3. The Boards
of Directors of government owned or controlled corporations whose
obligations are automatically guaranteed by the Republic by virtue of
their Charters shall not approve any borrowings without a similar
conclusive showing of adequate return on investment and cash flows.
They shall establish a review and approval mechanism for controlling
the obligations incurred by their subsidiaries or affiliates, applying
the same criteria;
4.
Notwithstanding any automatic guarantee provision in the Charter of a
government owned or controlled corporation, the corporation concerned
shall obtain the prior concurrence of the Minister of Finance and of
the Central Bank Governor on the borrowing to be undertaken. The
Minister of Finance and the Governor of the Central Bank shall see to
the observance of the criteria established under this letter and in
general to the observance of pertinent government debt policy;
5. The Central
Bank of the Philippines or other government financial institution shall
not approve any domestic or foreign borrowing application of government
owned or controlled corporation unless the criteria established under
this Letter are observed;
6. The Boards
of Directors and the management of all government owned or controlled
corporations shall immediately assess their current and projected cash
flows from operations, for purposes of determining corporate ability to
meet existing obligations promptly. In cases where operations are
unable to support existing debt service needs, the Boards concerned
shall direct the preparation and implementation of a program of action
to raise corporate revenue by increasing fees and charges for services
rendered or by other means, or to reduce expenses in order that they
may meet debt payment needs without recourse to the National Treasury.
7. Heads of
government owned or controlled corporations shall submit the results of
the assessment of operating returns and cash flows relative to debt
service needs, including their program of adjusting revenues and costs
to make up for any deficiencies, and shall report on their findings to
the Minister of Finance;
8. The rules
and regulations necessary to implement this Letter shall be promulgated
by the Minister of Finance and the Central Bank.
Done, in the City of Manila, this 1st day of July, nineteen hundred and eighty-three.
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Since 19.07.98.

