Presentation on theme: "SALIENT FEATURES OF THE GOCC GOVERNANCE ACT (R.A )"— Presentation transcript:
1SALIENT FEATURES OF THE GOCC GOVERNANCE ACT (R.A. 10149) TitleSALIENT FEATURES OF THE GOCC GOVERNANCE ACT (R.A )Comm. Rainier B. Butalid9 October 2013
2GOCC SECTOR OVERVIEW Slide Title Size of the Philippine GOCC Sector As of end-December 2012, there are 125 GOCCs under the GCG jurisdiction :71 with Special Charters54 registered under the SECGOCC Sector ProfileThe 125 covered GOCCs have the following financial profile as of December 2012:Total Assets : P5.134 Trillion or over US$125 BillionTotal Liabilities : P2.805 TrillionTotal Net Worth : P2.329 TrillionTotal Net Income : P Billion
3GOCC SECTOR OVERVIEW Slide Title Classification of the 125 covered GOCCsClassificationNo. of GOCCsGovernment Financial Institutions33Trade, Area Development and Tourism29Educational and Cultural8Gaming2Energy and Materials15Agriculture, Fisheries and Food16Utilities and Information-Communications22Total125
4GOCC SECTOR OVERVIEW Slide Title Total Assets of the Government Corporate Sector (In Billion Php)GOCC SectorAs of Dec. 2012Government Financial Institutions2,834Trade, Area Development and Tourism247Educational and Cultural5Gaming48Energy and Materials1,506Agriculture, Fisheries and Food56Utilities and Information-Communications438Total5,134
52012 AMOUNT (IN BILLION PHP) GOCC SECTOR OVERVIEWSlide TitleSignificant number of GOCCs burdened by non- commercial functions and therefore needed government financial supportSUPPORT2012 AMOUNT (IN BILLION PHP)Subsidy40.489Equity0.900Net Lending27.267TOTAL68.656Source: Bureau of the Treasury (Amounts are exclusive of GOCCs outside the GCG’s coverage)
6GOCC GOVERNANCE ACT OF 2011 Slide Title An Act to Promote Financial Viability and Fiscal Discipline in Government-Owned or –Controlled Corporations and to Strengthen the Role of the State in its Governance and Management to Make Them More Responsive to the Needs of Public Interest and for Other Purposes
7COVERAGESlide TitleApplicable to all GOCCs, GICPs/GCEs, and government financial institutions, including their subsidiaries, but excluding:The Bangko Sentral ng Pilipinas;State Universities and Colleges;Cooperatives;Local Water Districts;Economic Zone Authorities; andResearch Institutions.
8THRUSTS OF THE NEW PARADIGM Slide TitleDirectors and Officers of GOCCs as fiduciaries of the StateStandard of Extraordinary DiligenceOne (1) Year Term; with HoldoverClear accountability of the CEO/Management to the Governing BoardUniform Compensation System for all GOCCsPower to Restructure the GOCC Sector
9MANDATES & PROGRAMS Slide Title Rationalization of the Government Corporate SectorCompensation and Position Classification System (CPCS)Performance Evaluation Systems (Performance Scorecards)Shortlisting of Prospective Appointive Directors in GOCCs
10RATIONALIZING THE GOCC SECTOR Slide TitleThe GCG has the power and function to ascertain whether a GOCC should be:Reorganized;Merged;Streamlined;Abolished; orPrivatized
11RATIONALIZING THE GOCC SECTOR Slide TitleImplement the reorganization, merger or streamlining of the GOCC, unless otherwise directed by the President;Recommend to the President the abolition or privatization of the GOCC, and upon approval of the President, implement such abolition or privatization.
12RATIONALIZING THE GOCC SECTOR Slide TitleRATIONALIZING THE GOCC SECTOROn GOCC Sector RationalizationFormally dissolved/liquidated 20 GOCCs in 2012Recommended for privatization 2 GOCCsRecommended for dissolution 15 GOCCs25 GOCCs for dissolution by the end of 2013Number of GOCCs reduced from 145 in 2011 to 125 by the end of 2012 and will further be reduced to 100 by the end of 2013.
13Slide Title COMPENSATION AND POSITION CLASSIFICATION SYSTEM (CPCS) Shall apply to all officers and employees of GOCCs whether under the Salary Standardization Law or exempt therefrom.Any law to the contrary notwithstanding, no GOCC shall be exempt from the coverage of the CPCS.
14Slide Title COMPENSATION AND POSITION CLASSIFICATION SYSTEM (CPCS) The Charters of each GOCC to the contrary notwithstanding, the compensation, per diems, allowances and incentives of the members of the Board of Directors/Trustees of GOCCs shall be determined by the GCG.
15Slide Title COMPENSATION AND POSITION CLASSIFICATION SYSTEM (CPCS) On the Development of a Compensation and Position Classification System (CPCS)Development underway with Towers Watson as the consultant;Objective is to provide a compensation system that is comparable to private sector that will allow GOCCs to attract the right talent;
16PERFORMANCE EVALUATION SYSTEM Slide TitleEstablish the performance evaluation systems which shall apply to all GOCCs.Performance Scorecards containing the following perspectives:(a) Social Impact(b) Stakeholders(c) Finance(d) Internal Process(e) Learning & Growth
17PERFORMANCE EVALUATION SYSTEM Slide TitleThe GCG may recommend to the President, incentives for certain position titles in consideration of the good performance of the GOCC.GCG Memo. Circ“Performance Evaluation System for the GOCC Sector”
18PERFORMANCE EVALUATION SYSTEM Slide TitleOn Performance EvaluationEntails the preparation by each GOCC of a Performance Scorecard;Ensures adherence to mandate, and alignment to the Philippine Development Plan and the President’s Social Contract;Development of Integrated Corporate Reporting System (ICRS) for the GOCC Sector underway.
19SHORTLISTING Slide Title An Appointive Director shall be appointed by the President of the Philippines from a shortlist prepared by the GCG.GCG Memo. Circ“Fit and Proper Rule for Appointive Directors and CEOs of GOCCs”
20ORGANIC DOCUMENTS Slide Title Ownership and Operations Manual for GOCCsCode of Corporate Governance for GOCCsThe Fit and Proper Rule
21ORGANIC DOCUMENTS Slide Title Ownership and Operations Manual for GOCCsProvides for the Governing Principles and Objectives of the State as an “Active Owner” of the GOCCs;Defines the Role and Relationship of the State, its agencies and instrumentalities, vis-à-vis the GOCCs as “significant tools for national development”;Provides for the roles and responsibilities of GOCCs and the Primacy of the Boards of Directors/Trustees in the governance of the GOCCs;Provides Guidelines the in the Monitoring and Evaluation of the GOCCs and their Governing Boards;Provides for the Policy Framework for Tasking GOCCs to Undertake Non- Commercial Activities.
22ORGANIC DOCUMENTS Slide Title Code of Corporate Governance for GOCCs The Role and Responsibilities of the Governing Boards, and the Individual Directors;Disclosure and transparency requirements;Code of Ethics of Directors and Officers;Creation of Board committees and similar oversight bodies;Providing for an Integrated Corporate Reporting System; andCSR Statement and the Role of Stakeholders.
23ORGANIC DOCUMENTS Slide Title Fit and Proper Rule Primary mechanism through which the Commission ensures the integrity and competence of Directors/Trustees of GOCC BoardsCodification of tried and tested standards already implemented by other agencies, with the qualification that the highest standard shall apply in the event more than one apply in a given situation
24COORDINATION WITH AGENCIES Slide TitleOffice of the OmbudsmanAll members of the Board, CEO, and officers of GOCCs shall be qualified by the Fit & Proper RulePersons with derogatory records as certified by the Ombudsman shall be temporarily disqualified from appointment in a GOCC. (GCG Memo. Circ. No )
25COORDINATION WITH AGENCIES Slide TitleCommission on Audit (COA)Restitution by a member of the Board or Officer of a GOCC shall be made upon determination and report of the COA.The Chairman of the GCG may direct at any time a special COA audit of any GOCC.Permanent disqualification from appointment in a GOCC by virtue of a final and executory Notice of Disallowance.Directors and Officers Liability Insurance (DOLI)(GCG Memo. Circ. No )
26COORDINATION WITH AGENCIES Slide TitleCivil Service Commission (CSC)The CPCS shall consist of classes of positions grouped into such categories as the GCG may determine.Involves the allocation of proper position titles and salary grades.
27COORDINATION WITH AGENCIES Slide TitleSecurities and Exchange Commission (SEC)The SEC shall not register the articles of incorporation and by-laws of a proposed GOCC or Related Corporation, unless the application for registration is accompanied by an endorsement from the GCG stating that the President has approved the same.
28GOOD GOVERNANCE GAINS Slide Title Dividends remitted significantly higher; Number of GOCCs remitting also increased2010201120122013GOCCs25353938
29GOOD GOVERNANCE GAINS Slide Title Better delivery of social services Civil Aviation Authority of the Philippines (CAAP) – effectively addressed aviation industry safety concerns resulting in the lifting of the EU ban on Philippine carriers on July 2013 (initially for PAL).National Electrification Administration (NEA) – successfully implemented the Sitio Electrification Program (at present, already 77% energized).National Housing Authority (NHA) – delivered the AFP/PNP Housing on time and within budget.Philippine Health Insurance Corp. (PHIC) – increased enrollment rate to 81% of the population from only 62% in 2010; also introduced more health packages.
30GOOD GOVERNANCE GAINS Slide Title 3. Improved financials Metropolitan Waterworks and Sewerage System (MWSS)GOCC Sector Net Income(In P Millions)201020112012Net Income (Loss)(34)3331,980Dividends / Other Remittances150345GOCC Sector201020112012Government Financial Institutions125,212133,834161,991Trade, Area Development and Tourism(1,981)1,2507,546Educational and Cultural(329)(341)(186)Gaming2,7534,7064,718Energy and Materials8,9297,89235,444Agriculture, Fisheries and Food(22,789)(18,597)1,917Utilities, Information, Communications(1,960)(1,462)12,714TOTAL (P Billions)109,834127,282224,144
31Slide Title 3/F Citibank Center Paseo de Roxas, Makati City, Philippines 1226Tel No. (632) to 33Fax No. (632) loc 204