NPM 010-2014

Requesting Entity: Philippine Fisheries Development Authority (PFDA)

Issues Concern: Leasing-out of Fish Port Facilities



Whether Republic Act No. (RA) 9184 is applicable to PFDAs operational undertaking of leasing out fish port facilities; vacant real estate within port complexes; and ice plant and cold storage facilities to private entities.

[A]s long as lease out undertakings of PFDAs fish port facilities do not involve expenditure of public funds for the procurement of goods, works and consulting services, RA 9184, its IRR, and its associated rules will not apply. We respectfully refer to EO 301 and its implementing guidelines for the rules and procedures for leasing out government properties. We likewise respectfully suggest looking into the applicability of RA 6957, as amended by RA 7718 , for lease out undertakings that require infrastructure or development projects in connection with PFDAs mandate to manage, operate, and develop regional commercial fish port complexes and for the development of the fishing industry. Finally, PFDA may look into the applicability of the Revised Joint Venture Guidelines issued by the National Economic and Development Authority in May 2013.