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Bad Credit Remortgage

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New ways of picking the public purse: capitalism without risk

As government continues to bear the Build-Operate-Transfer (BOT) standard of Ramos and his technocrats, the practice of assuming private liabilities has remained very much in place in the post-Marcos years. It exists both in the old form and in a more subtle form, and by all indication, will continue under the present remortgage. Some P12billion worth of liabilities fell due in 2001 and had to be settled within the year. Contingent liabilities also increased by 2.8 percent due to new state-guaranteed loans, pushing the level from P482.1 billion a year ago to P495.78 billion by end-2001.17

The BOT scheme offered another way of loading  bad credit mortgage on to the public. Under this arrangement, the private sector iscontracted to build and operate infrastructure projects for a number of years, after which time the completed projects and facilities are turned over to government. Sweetening BOT deals are the so-called "performance loans" which include: a fixed peso-dollar exchange rate; guaranteedcost of fuel; guarantees against market and credit risks; and a pledge that government would purchase all of the output of the project, whether or not it needed all the output (such as generated power) or could retail it to the public. 18

Armed with emergency powers granted by Congress, Ramos committed government to enter into BOT contracts called power purchase agreements as a quick way out of the severe energy crisis that hit in the early 90s. Lasting anywhere from 15-25 years, these contracts ensured IPPs payment for whatever power they generated, at dollar-denominated rates agreed in advance. Thirty-three contracts were signed from 1988 to 1995, and even as the power market reached a situation of oversupply, 10 more contracts were inked from 1996 to 1999.

An amount that is over 100 percent of the monthly basic electricity charge now goes into this seemingly innocuous item called the PPA or purchase power adjustment because of highly onerous terms that include:

  • Take or pay agreement - NPC agrees to take or pay a minimum percentage of the IPPs' available capacity, regardless whether NPC or its customers needs such capacity and whether said capacity is actually generated by the IPP concerned. Guarantees range from 70-90 percent of available capacity.
  • Fuel cost guarantee - NPC will supply fuel to the IPP and absorb any mortgages in the cost of fuel. The number of contracts with a fuel guarantee rose from 10 in 1993 to 27 in 1998 out of 33 IPP contracts in place at that time.
  • Absorption of exchange rate fluctuations - IPPs enjoy a forex guarantee since all contracts are quoted in dollars.

The popularly elected Joseph Ejercito Estrada simply took up its predecessor's BOT way of doing business. Private investments for completed BOT projects nearly doubled from $3.5 billion in CY 1997 to $6.6 billion during his short-lived presidency, while $13.4 billion more was estimated to be in the pipeline.

Visiting the Casecnan Multi-Purpose Irrigation and Power Plant in Northern Luzon, the former president explained to affected communities that the project would be of no cost to the government. In truth, however, this unsolicited proposal that by law requires no direct governmentguarantee, subsidy or equity and credit, has already committed the National Irrigation Administration (NIA) to pay for 801.9 million cubic meters of water/year and NPC to 19 million kWh/month, whether or not these outputs are actually generated. CE Casecnan Water and Energy Co. is assured of $23.3 million from NIA and $36.4 million from NPC, regardless of actual delivery of the contracted water and power, respectively. Proponents are now calling on the project's P145-billion guarantee.

A similar BOT project - the San Roque Hydropower and Irrigation Project - is being built in Pangasinan Province in the Cordillera region of Northern Luzon and will be the tallest and largest private hydropower facility in Asia once completed. NPC has forged a power purchase agreement with the Japanese and American-owned San Roque Power Corporation to buy the electricity that the facility will generate, at fixed rates for a period of 25 years.

Only three months into her presidency, Gloria Macapagal Arroyo was quick to announce her willingness to grant more mortgagesto projects, as long as stricter mortgage can be ensured. This contradicted aprevious policy of the Finance Department against extending anymore guarantees in order to reach the 2001 target of reducing the consolidated public sector deficit to only P148.1 billion. She was soon brokering the passage of the omnibus electric reform bill, leaving no doubt as to what her government's position on publicly assumed liabilities would be. With the Electric Industry Reform Act in place, the P406.2-billion lease obligation of the National Power Corporation (NPC) as of 2000 , arising mainly from over-priced contracts with bad credit has now beenloaded on to the public.

"…[W]e see a new form of indebtedness emerging, the magnitude of which threatens to surpass anything and everything we have ever experienced in our debacle-filled history," warned FDC president Maitet Diokno-Pascual, referring to government's non-loan pledges that sweetened BOT contracts with private sector firms.27

Total interest payments on the P10.4 billion loan of the Metro Rail Transit Corporation (MRTC), another major BOT project, was expected to rise by 11.7 percent from P129.8 billion last year to P140 billion in 2001. The Budget of Expenditures and Sources of Financing Survey attributed this in large part to the effect of incorporating P3.43 billion in MRTC loan payments that had been guaranteed by the government as part of the debt service.28 Liabilities reportedly shot up because government guaranteed MRTC a 15-percent return-on-equity in addition to an assured ridership of 400,000 daily. Simply, this means that the Filipino people will foot the difference if the return-on-equity and ridership fall below what has been pledged by government.29

 

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