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CHAPTER II: Review of Related Literature I. Legal References

The document summarizes literature related to public-private partnerships (PPPs) in the Philippines. It discusses constitutional and legal foundations for PPPs and how they promote collaboration between government and private sectors. Two papers are described that assess the current PPP situation in the Philippines and issues like regulatory inconsistencies that have led to project failures. The literature also indicates a need for amendments to PPP contracts to address complex environments and potential changes that could lead to disputes. Flexibility in contracts and recommended provisions are discussed to help deal with issues like unexpected price increases.

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83 views

CHAPTER II: Review of Related Literature I. Legal References

The document summarizes literature related to public-private partnerships (PPPs) in the Philippines. It discusses constitutional and legal foundations for PPPs and how they promote collaboration between government and private sectors. Two papers are described that assess the current PPP situation in the Philippines and issues like regulatory inconsistencies that have led to project failures. The literature also indicates a need for amendments to PPP contracts to address complex environments and potential changes that could lead to disputes. Flexibility in contracts and recommended provisions are discussed to help deal with issues like unexpected price increases.

Uploaded by

Cha
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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Charry Blue Bacina Advanced Legal Writing, GO2

11690437 Atty. Vyva Aguirre

CHAPTER II: Review of Related Literature

I. Legal references

a. Constitutional Mandate, Law governing contracts and Jurisprudence

i. “The State recognizes the indispensable role of the private sector, encourages

private enterprise, and provides incentives to needed investments.” 1

ii. “A contract is an agreement through meeting of the minds between two

persons whereby one binds himself, with respect to the other, to give

something or to render some service.”2

iii. It is safe to infer that the law promotes collaborative partnership between the

government and the private sector through broad spectrum of modalities such

as PPP.

II. Public-Private Partnership in the Philippines

a. Scaling up infrastructure investment in the Philippines role of public–private

partnership and issues3: The paper is about assessing the current situation of the

Public Private Partnership in the Philippines and its failure because of the Regulatory

inconsistencies.

b. The Public Private Partnership Law Review4: This paper reviewed and discussed the

Public-Private-Partnership Law in the Philippines and the current situation and future

of its PPP projects.

1
Section 20, Article II of the 1987 Philippine Constitution
2
Civil Code, Article 1305
3
Stephen Schuster, Joven Balbosa, Christine Tang, Takuji Komatsuzaki, and Shanaka J.
Peiris.”Scaling Up Infrastructure Investment In the Philippines.” ADB SOUTHEAST ASIA
WORKING PAPER SERIES, no.13, June 2017,
https://www.adb.org/sites/default/files/publication/330981/seawp-13.pdf
4
Marievic G Ramos-Añonuevo and Arlene M Maneja. Philippines In Bruno Werneck and Mário
Saadi, The Public Private Partnership Law Review (pp.132-190). Published in the United Kingdom by Law
Business Research Ltd, London,
https://www.syciplaw.com/Documents/LegalResources/2015/PPP%20Law%20Review%20-
%20Philippines%202015.pdf
Charry Blue Bacina Advanced Legal Writing, GO2
11690437 Atty. Vyva Aguirre

III. Necessity of amendments in PPP contracts

a. The Economics of Public-Private Partnerships: Theoretical and Empirical

Developments5: This book investigates the economic decisions behind the

implementation of public-private partnerships. That there are still contractual

agreements that are likely to cause problems because of complex environments and

restrictions that would result to contract dispute.

b. Flexibility in PPP Contracts – Dealing with Potential change in the Pre- Contract

phase of a construction project6 : This paper is about the factors that results changes

in construction projects, such as sudden leap or increase of price of materials.

c. Report on Recommended PPP contractual provisions7 : The paper presents and

discusses “recommended” language in respect of selection of typically encountered

provisions and why there is such need.

5
Saussier, Stephane & de Brux, Julie. (2018). The Economics of Public-Private Partnerships:
Theoretical and Empirical Developments. 10.1007/978-3-319-68050-7.
6
Hatice Çiğdem Demirel, Wim Leendertse, Leentje Volker & Marcel Hertogh (2017) Flexibility in
PPP contracts – Dealing with potential change in the pre-contract phase of a construction project,
Construction Management and Economics, 35:4, 196-206, DOI: 10.1080/01446193.2016.1241414
7
Report on Recommended PPP contractual provisions 2015. Publishing and Knowledge Division,
The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA,
http://ppp.worldbank.org/public-private-partnership/library/wbg-report-recommended-ppp-
contractual-provisions

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