TSG NPM 003-2003

Requesting Entity: National Power Corporation

Issues Concern: Confirmation of the Legal Opinion Provided in a Letter to NAPOCOR Before Regarding the 60/40 Requirement



Whether or not the National Power Corporation (NPC) may allow foreign citizens/ proponents/ bidders who do not meet the sixty percent (60%) Filipino ownership/ equity requirements to participate in its coal procurement project.

The exception provided under Section 1 of Republic Act 5183 (R.A. 5183), which allows a citizen corporation or association of a foreign country to participate in public bidding of this Government shall be applicable. Government provided that its laws or regulations grant similar rights or privileges to citizens of the Philippines.