D E PA R T M E N T O F F I N A N C E BUREAU OF LOCAL GOVERNMENT FINANCE Understanding LGU Credit Financing and Debt Management Legal Framework of Credit Financing • Sec. 296 (b): Credit lines from government or private banks and lending institutions for the purpose of stabilizing local finances Legal Framework of Credit Financing • Sec. 297 (a): Contract loans, credits, and other forms of indebtedness with any government or domestic private bank and other lending institutions to finance the construction, installation, improvement, expansion, operation, or maintenance of public facilities, infrastructure facilities, housing projects, the acquisition of real property, and the implementation of other capital investment projects. Legal Framework of Credit Financing • Sec. 297 (b): Short, Medium and Long term loans and advances from any government bank and lending institution against security of real estate or other acceptable assets for the establishment, development, or expansion of agricultural, industrial, commercial house financing and livelihood projects, and other economic enterprises. Legal Framework of Credit Financing • Sec. 298: Deferred-payment and other financial schemes- Acquire property, plant, machinery, equipment and such necessary accessories under a supplier’s credit, deferred payment plan, or other financial scheme. (except for the barangays) Legal Framework of Credit Financing • Sec. 299: Bonds and Other LongTerm Securities- Authorized to issue bonds, debentures, securities, collaterals, notes and other obligations to finance self-liquidating, income production development or livelihood projects. (except for the barangays) Legal Framework of Credit Financing • Sec. 300: Inter-Local Government Loans, grants and subsidies – Extend loans, grants, or subsidies to other LGUs; (except barangays) • Sec 300: LGUs to jointly or severally contract loans, credits, and other forms of indebtedness Legal Framework of Credit Financing • Sec 301 (a): Loans from funds secured by the national government from foreign sources. • Sec 302: Financing, construction, maintenance, operation, and management of infrastructure projects by the private sector, subject to provisions of R.A. No. 6957 Legal Framework of Credit Financing • Executive Order (EO) No. 809: Implementing the Financing Policy Framework for Local Government Units by Identifying New Sources of Funding for First Tier Local Government Units under Republic Act No. 7160 Executive Order (EO) No. 809 • Who are eligible to avail of funds under EO 809? First-Tier LGUs or provinces, cities or municipalities with a minimum of 60% of its Average Regular Income (ARI*) and has sustained this level of revenue (income) mix for three-year period prior to MFI borrowing *ARI refers to the Average of three-year Regular Locally-Sourced Income to Total Regular Income of LGUs Executive Order (EO) No. 809 • How can a project qualify under EO 809? The project should be developmental in nature in accordance with approved local development plans and public investment programs. The project to be financed by the MFI should be included in the Annual Investment Plan of the LGU. The projects to be finance should not be projects that the domestic private sector can easily support. They can be projects that require huge investments or long repayment periods. They can be projects that have high social and environmental benefits but whose economic benefits cannot be realized in the short to medium term or are not yet assured. Executive Order (EO) No. 809 • What are the mandatory terms/ financing policies of the loan? The loan shall be in Philippine Pesos only and the repayment of loans shall not be denominated in any other foreign currency; The shall be on a stand-alone basis without any direct or indirect National Government guarantee; The terms of the loans agreement shall be marketbased and subject to commercial terms; The First-Tier LGU shall not be allowed to use its IRA as security for the loan Executive Order (EO) No. 809 • What are the mandatory terms/ financing policies of the loan? The loan agreement and security documents shall entered in to directly by the First-Tier LGU through its duly authorize representative, nominee, subsidiary, or instrumentality; and The proceeds of the loan shall accrue directly and exclusively to the First-Tier LGU; The loan agreements contracted by the First-Tier LGUs with the FIs shall comply with all applicable laws, rules and regulations, orders and issuances, framework, E.O. 809, including the rules and regulations of the BSP and DOF. Inventory of Alternative Financing Modalities Table 1: Alternative Non-Traditional Financing Modalities for LGUs Financing Alternatives Modalities Borrowings i. Direct Loans Government Financial Institution Other Government Lending Windows Private and International Financial Institutions ii. Bond Issuance Private Sector Tie-Ups i. BOT and its variants ii. Supplier’s/Contractor’s Credit iii. Leasing Credit Financing – Government Banks BSP Circular Letter dated 14 March 2006. DOF Department Order No. 27-05 dated 9 December 2005. BSP Limitations specifies that: All Provincial, City, and Municipal Treasurer, Commissioner of BIR and BOC, Heads of attached agencies of the DOF and Heads of all GOCCs shall deposit their funds and maintain depository accounts with A. LBP B. DBP Credit Financing – Municipal Development Fund Office The Municipal Development Fund, a revolving fund created under PD 1914, and capitalized and funded from proceeds of foreign loans, assistance or grants made available to LGUs for specific purposes, projects components and activities as stated in international agreements from foreign governments and/ or international organizations, was reorganised under EO 41 as an Office under the DOF and renamed the MDFO. MUNICIPAL DEVELOPMENT FUND OFFICE Financing windows Eligible Borrowers Resource Administration and Modernization Project (RAMP) All LGUs nationwide Municipal Development Fund Project (MDFP) All LGUs nationwide Millennium Development Goals Fund (MDGF) All 4th-6th Income class Municipal LGUs Disaster Management Assistance Fund (DMAF) All LGUs nationwide except for cities applying for disaster prevention and mitigation Mindanao Basic Urban Services Sector Project (MBUSSP) All LGUs in Region IX, X, XI, XII, CARAGA, ARMM Program Lending (PROLEND) All Provincial Government Project Technical Assistance Contingency Fund (PTACF) All LGUs except highly urbanized cities in NCR Refinancing Facility All LGUs nationwide Municipio Fund All 1st – 6th Income Class municipalities Philippine Water Revolving Fund- Standby Credit All LGUs nationwide Credit Financing – Legal Limits The BSP directive effectively limits the participation of private commercial banks in the LGU deposit business Consequently limiting the participation of private commercial banks in the LGU lending business since the IRA account maintained by the LGUs with the government depository banks provide security to the credit accommodation. Nonetheless, the credit market is currently witnessing the entry of private financing institutions in the LGU lending business given the right credit mechanisms and revenue benefits. PUBLIC-PRIVATE PARTNERSHIP • Definition: LGU P4 is defined in two levels: 1. Policy Level is a developmental, innovative, change and partnership strategy aimed at promoting the general welfare, inclusive growth and better quality of life of filipinos PUBLIC-PRIVATE PARTNERSHIP 2. Project Level – LGU P4 is a contractual arrangement between the LGU and the private sector to deliver public infrastructure and/or public services where each party assumes specified functions, bears certain risks, provides contribution, performs particular obligations and earns benefits and revenues PUBLIC-PRIVATE PARTNERSHIP DILG Guidelines for the Implementation of PPP for the People Initiative for Local Governments (LGU P4)(DILG Memorandum Circular No. 2016120) DILG MC 2016-120 provides for the different modalities under LGU P4 that LGUs may adopt in undertaking P4 projects: • • • • • • • • • • • Build-and-Transfer (BT); Build-Lease-and-Transfer (BLT); Build-Operate-and-Transfer (BOT); Build-Own-and-Operate (BOO); Build-Transfer-and-Operate (BTO); Contract-Add-and-Operate (CAO); Develop-Operate-and-Transfer (DOT); Rehabilitate-Operate-and-Transfer (ROT); Rehabilitate-Own-and-Operate (ROO); Rehabilitate-Lease-and-Transfer (RLT); Rehabilitate-and-Transfer (RT); PUBLIC-PRIVATE PARTNERSHIP (cont’) • • • • • • • • • • • • • • Rehabilitate-Transfer-and-Operate (RTO); Concession; Joint Venture (JV); Lease or Affermage; Management Contract using LGU funds; Management Contract without using LGU funds; Service Contract using LGU funds; Service Contract without using LGU funds; Divestment or Disposition; Corporatizations; Incorporation of a Subsidiary with private sector equity; Onerous Donations; Gratuitous Donations; and Any other modality akin to any of the above, or features thereof, that falls under the definition of a PPP. DOF Policies on LGU Loan Certification • Local Finance Circular (LFC) No. 1-2000, dated 19 January 2000: issued to enhance the access of all LGUs to credits and other forms of indebtedness. • LFC No. 01-2012: Amended the previous LFC, and released on 16 April 2012, to ensure a more accurate and appropriate evaluation of the maximum borrowing and debt servicing capacities of all LGUs. • LFC No. 01-2014: Issued on April 22, 2014 for 171 LGUs affected by Typhoon Yolanda, from 12 to 4 requirements, and extending the validity by 1 year Latest DOF Policy on LGU Loan Certification DOF Department Order No. 54-2016 dated 25 October 2016: • Streamlining the Certification of Net Debt Service Ceiling and Borrowing Capacity of LGUs • From 12 to 4 documentary requirements • Defined parameters in computation • Improved process/ faster certification LGU Loan Application Process Local Government Unit (LGU) Local Council, through a Resolution/Ordinance, authorizes the Local Chief Executive to negotiate and contract loans and other forms of indebtedness Lending Institution Bureau of Local Government Finance (BLGF) Pre-Evaluation/Setting of Terms and Conditions BLGF-RO BLGF-CO Evaluate LGU request and supporting documentary requirements Final computation and issuance of certificate of NDSCBC Submit Letter of Intent and negotiate with the lending institution No Submit to BLGF a written request for certification of LGU Net Debt Service Ceiling and Borrowing Capacity, with complete supporting documents pursuant to DOF Department Order 054.2016 Documents Complete/ Compliant? Bangko Sentral ng Pilipinas Evaluate LGU request and supporting documentary requirements Monetary Board renders Opinion on the Monetary Balance and Payments implications of the proposed LGU borrowing, per BSP Circular No.926 s. 2016 Yes Evaluate financial reports of the LGU Submit the required additional documents Compute preliminarily LGU Net Debt Service Ceiling and Borrowing Capacity (NDSCBC) Re-negotiate with the lending institution for lower interest rate, longer tenor, or consider other lending institutions, then re-submit to BLGF Submit to BLGF-CO all documentary requirements and the preliminary computation for the issuance of certificate of NDSCBC Yes Proposed Loan Higher than BLGF Certification? No Submit to BSP a written request for Monetary Board Opinion Submit to the Lending Institutions the BLGF Certification, MB Opinion and Other Requirements Approval and Signing of Loan Agreement with the LGU Record receipt of Loan Proceeds and prepare borrowing reports for submission to BLGF-RO and BSP Release of Loan Receive LGU Post Borrowing Report Receive LGU Post Borrowing Report Streamlined Documentary Requirements for Certification 1. Letter request from the Local Chief Executive indicating: • The lending institution where to apply for a loan; • Terms and condition of the proposed loan; and • The purpose of the loan. 2. Certification of existing of loan/s duly certified by the Local Treasurer with the following details: • • • • • • • Types of loans & other obligations contracted; Purpose of the loans & other obligations contracted; Name of the lending institutions; Date of approval & maturity; Terms & conditions (interest rate & number of years to pay); Remaining balances of loans and other obligations; and Annual amortization schedules (segregating the principal from the interest) issued by the lending institution. Streamlined Documentary Requirements for Certification 3. COA Annual Audit Certificate for the most recent year, which shall be supported by the year-end financial reports for the past 3 years: • • Pre-closing trial balance (general fund); Detailed Statement of Financial Performance An Agency Action Plan and Status of Implementation (AAPSI) report on COA recommendations shall be required if the LGU has adverse findings; and 4. Certification issued by the lending institution stating that it shall not require LGU deposits as compensating balance for the loan if such lending institution is not (1) not an authorized government depository bank or (2) an authorized government bank required to obtain the prior approval of the Department of Finance as provided under the DOF Department Order No. 27-05 (Banks other than LBP, DBP and MDFO); Streamlined Documentary Requirements for Certification LGUs affected by Natural and/or Man Made Disaster valid for one (1) year 1. Letter request from the Local Chief Executive indicating: - The lending institution where to apply for a loan; - Terms and condition of the proposed loan; and - The purpose of the loan. 2. Certification of existing of loan/s by the Local Treasurer • Types of loans & other obligations contracted; • Purpose of the loans & other obligations contracted; • Name of the lending institutions; • Date of approval & maturity; • Terms & conditions (interest rate & number of years to pay); • Remaining balances of loans and other obligations; and • Annual amortization schedules (segregating the principal from the interest) issued by the lending institution. 3. Certified true copy of declaration of state of calamity. Features of the Certificate • Certifies the amounts pertaining to: • Net Debt Service Ceiling (NDSC) • Borrowing Capacity (BC) • Terms of the loan (period, interest, grace period, etc.) • Name of lending institution • Purpose of the loan • Certificate number and date issued • Notes on the certificate Features of the Certificate Features of the Certificate Computing the NDSC and BC • Debt Service Ceiling (DSC) • 20% x Annual Regular Income (ARI) • Where ARI is the average previous 3-year locally sourced income + other shares from national taxes based on COA data, + actual annual IRA based on DBM data • Net DSC (NDSC) • DSC – All amortizations payable during the year • Borrowing Capacity (BC) • NDSC x Annuity Factor Bureau of Local Government Finance www.blgf.gov.ph