Aquino to protect big infra investors
Solicited projects get regulatory risk surety
By Daxim Lucas, Norman Bordadora, Paolo Montecillo
Philippine Daily Inquirer
First Posted 00:30:00 11/19/2010
MANILA, Philippines—President Benigno Aquino III Thursday said that his administration would compensate investors prevented by the courts or Congress from collecting contractually agreed toll or user fees.
“If for some reason, a court decision threatens the adjustment, the government will compensate the private concessionaire for the difference between what the tariff should have been under the formula and the tariff which it is actually able to collect,” the President said at the opening of the public-private partnership conference in Pasay City.
Mr. Aquino said the government would provide investors with protection against so-called “regulatory risk” or the risk of being unable to recoup one’s investments due to changes in the local regulatory environment—a common complaint among foreign businesses operating in the Philippines.
“Infrastructure can only be paid for from user fees or taxes,” he said.
"When government commits to allow investors to earn their return from user fees, it is important that that commitment be reliable and enforceable. And if private investors are impeded from collecting contractually agreed fees—by regulators, courts, or the legislature—then our government will use its own resources to ensure that they are kept whole.”
SLEx example
Mr. Aquino gave the example of a private firm that agreed with the government on a specific formula for toll increases for the public’s use of a road it rehabilitated.
Malaysian-backed South Luzon Tollways Corp. (SLTC), which holds the 30-year concession for the South Luzon Expressway (SLEx), was earlier stopped by the Supreme Court from implementing a new toll rate.
The new rate, which is 250-percent higher than the existing toll, is meant to help the company recover the minimum of P12 billion it spent to rehabilitate and modernize the road.
The additional funds will also allow the company to maintain world-class services at SLEx.
The delay caused by the restraining order, which has since then been lifted, has cost SLTC up to P1 billion in foregone revenues.