Privatization and Public-Private Partnerships

PunoLaw has the privilege of representing both the public sector and private investors in the privatization of government assets and services in the Philippines. This unique position provides PunoLaw with a deep sector experience of the public-private interface.

PunoLaw advised the Philippine government in some of the major public-private partnership (“PPP”) transactions to date including expressway projects, water system infrastructure projects and public ports. Our lawyers have extensive experience in devising deal structures that achieve the government’s objectives and promote public policy without undermining the interests of the private sector participants.

PunoLaw was at the forefront of the privatization of the energy sector representing private developers and lenders. Our role of advising the participants during the bidding process was expanded to include advising the successful bidders in relation to acquisition financing and overall assistance during the operational phase. PunoLaw continues to engage in privatization projects where its prior experience proves to be a valuable resource for its clients.

Representative Transactions

PunoLaw acted as counsel in 2018 to the Bases Conversion and Development Authority (“BCDA”) and the Asian Development Bank, in connection with the BCDA’s water infrastructure project in New Clark City, Pampanga, Philippines. PunoLaw advised on the entire bidding process up to contract award.

PunoLaw acts as counsel to Metro Pacific Resource Recovery Corp. (a subsidiary of Metro Pacific Investments Corporation, one of the country’s largest conglomerates) in its joint ventures with several local government units in the Philippines for waste management and disposal and conversion to energy.

PunoLaw acts as counsel to IPay MYEG Philippines, Inc. (IPMPI), a joint venture involving MYEG of Malaysia, relating to IPMPI partnerships with certain national government agencies to aid in the latter’s provision of services to the general public, providing for payment gateways and electronic clearance processes.

We acted as counsel to the Philippine Department of Public Works and Highways in connection with the procurement for the Laguna Lake Expressway-Dike in 2014. PunoLaw advised on bidding process management by providing comments and revisions on the documentation, including requests for qualification, request for proposal, contractual agreements, as well as developing bidder instructions, bid qualification parameters and bid evaluation criteria, bidding process schedules and undertook stakeholder consultations in accordance with the Philippine BOT Law, its implementing rules and regulations, and other legislation. PunoLaw also provided country-specific legal experience of PPP projects in the sector, judiciary-related, legal and regulatory issues pertaining to the project, legal perspective on special privileges and incentives available for PPP projects, and on accessing concessional financing options available for PPP projects from the public sector.

PunoLaw acted as counsel to the Zamboanga Economic Zone Authority in the proposed development, construction, operation and maintenance of a seaport through a build operate transfer regime. We advised on the development of the bidding process, from instruction stage to qualification and contract awarding, as well as other legal and regulatory issues concerning the project.

PunoLaw is counsel to MCNK JV Corporation (a wholly-owned subsidiary of MC Water Holdings Corp of Japan) in connection with its 20% stake in Maynilad Water Services, Inc., one of two private concessionaires of the Metropolitan Water Works System in Metro Manila and its surrounding environs.