HISTORY
At first blush, the Malampaya project appears to be a perfect model for public and private cooperation UNTIL,
When inaugurated in 2001, the $4.5-billion Malampaya natural gas project is and remains the largest single foreign investment in the history of the Philippines. The project is 45% owned by Shell Philippines Exploration, 45% by Chevron-Texaco and only 10 percent by Philippine National Oil Company (PNOC). What seems wrong with this picture?
Shell and Chevron-Texaco thus control virtually all of the country's proven natural gas reserves, and at the same time, ensnare the largest share of benefits from its exploitation. In return for their investment, Shell and Chevron-Texaco expect to get $14 billion back over 20 years, or P574 billion at current exchange rates.
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What does the Philippine Constitution say about foreign exploration, development and utilization of our natural resources?
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Article 12 of the 1987 Constitution allows ventures or production-sharing agreements with foreign companies up to 40 percent capitalization. This means that at least sixty percent of the capitalization of such joint ventures or projects must be owned by Filipino citizens.
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The Malampaya natural gas project was an exception, if not an anomaly. It clearly violates the Constitutional limit on foreign capitalization to 40% on exploration, development and utilization of natural resources. The Philippine government has therefore allowed Shell and Chevron-Texaco to disproportionately benefit from our natural gas resources against the interests of the country.
Read the rest of the article here:
Uncomplicated Mind: Depoliticizing Malampaya
The question everyone is asking now is
"WHERE IS THE MP FUND NOW?"
Some news articles are kind of misleading to the general public. The writers expects that everyone of us is an economist. That's why a lot are confused and I don't blame them.
When they say "It's Intact" then I would say it really is intact. It is readily available if there's an energy-related project that will be funded by it. Here's the bigger picture to make it more clear:
Every year there is a NATIONAL BUDGET. Instead of BORROWING from the local and foreign sectors for the yearly budget part of it is taken from the MP FUND and distributed(co-mingled) among those agencies under the General Fund. This saves the government from accruing INTEREST RATES.
Although the MP Fund is for energy-related purposes only BUT take note this is done with the full knowledge of Congress as they are ones who approve the budget. Even if by law the fund is intended primarily for energy-related use, the fact that Congress consents to BORROW it for the NATIONAL BUDGET means that is the current legislative intent.
But the Executive department can get it back anytime when it needs it for energy-related projects, without the need for Congress to approve it. That's the flexibility in the law which even Congress presumably thinks has merit, considering that they DID NOT AMEND it until now. Or Congress can change its mind and amend the law so that the Malampaya Fund becomes part of the General Fund (no more automatic appropriation for energy-related projects).
When the President needs to spend a portion of it for energy-related projects, the National Government can take the money from the General Fund or enter into a LOAN. The government's capacity to generate funds year-in year-out from tax revenues is practically ENDLESS. It can do deficit spending year after year unlike a regular business organisation. And it can easily pay it's domestic obligations (practically risk-less). And we're not even talking of an obligation to a third party here. It's a borrowing from Government's own Special Fund.
And these people with the likes of Recto instead of helping the public to understand, adds more to the confusion. Sounds like a "Background Noise" to me. Diversionary tactic?
What's important here is the proper accounting of where the funds go. Maybe the answers to that will come soon.
PS: "I merely elaborated what Purisima, de Leon, Abad's explanations of where the funds go. If what they claim is TRUE or NOT I don't know. That is why we need proof what part in the General Fund it was commingled with."