Local Government Units are empowered under Section 296 of the Local Government Code (LGC) to create indebtedness, and avail of credit facilities to finance local infrastructure and other socio-economic projects in accordance with the approved Local Development Plan and Public Investment Program. LGUs may avail of credit lines from government and private banks and lending institutions for the purpose of stabilizing local finances. Among others, LGUs are allowed to engage in deferred payments, contract loans, credits, and other forms of indebtedness to finance the construction, installation, improvement, expansion, operation, or maintenance of public facilities, infrastructure, housing projects, the acquisition of real property, and the implementation of other capital investment projects, subject to the terms and conditions as may be agreed upon by the LGU and the lender.
Given this opportunity, the Department of Finance as one of the oversight agencies of the LGUs, was in turn mandated to render technical assistance to LGUs in the availment of credit facilities, flotation of bonds, contracting of loans and issue guidelines for the purpose.
Under Section 324 of the LGC, the ceiling of LGU borrowing was defined allowing them to incur an appropriation for debt service amounting to 20% of its annual regular income.
Government regulates through ex-ante controls on LGU borrowings: i) An LGU must secure the Certificate of Net Debt Service Ceiling (NDSC) and Borrowing Capacity (BC) from BLGF and ii) A favourable Monetary Board Opinion from the BSP.
In 25 October 2016, DOF Department Oder No. 054.2016 was signed by Secretary Carlos G. Dominguez III streamlining the certification of Net Debt Service Ceiling and Borrowing Capacity of LGUs. The new DO has effectively reduced streamlined the certification of NDSC and BC of LGUs by the BLGF, by reducing the documentary requirements form twelve (12) to four (4), defining the specific computational parameters, and improved the process to ensure faster, accurate and efficient certification process. The BLGF has also devolved the process review of completeness and orderliness of documents to all BLGF Regional Offices, and for the initial computation of the NDSC and BC.
1 Post-Borrowing Reports (PBR)
The borrowing LGU shall submit to BSP, through a letter addressed to the Director, Department of Economic Research or through electronic mail addressed to [email protected], a post-borrowing report (PBR) that will indicate the actual amount of loan, the final terms and conditions, and utilization of the proceeds of the borrowing within Thirty (30) calendar days after the final release of loan proceeds
2 Post-Loan release Report (PLRR)
The lending institution shall submit to BSP, through a letter addressed to the Director, Department of Economic Research or through electronic mail addressed to [email protected], a semestral post-loan release report on LGU loans granted in full within the last six months that will indicate the actual amount of loan released as well as the final terms and conditions thereof, within thirty (30) calendar days after the end of each semester.
3 Sworn Certification on Lending to Local Government Units (LGUs)
The BSFIs shall submit, through a letter addressed to the appropriate department of the SES, within fifteen (15) banking days after every semester, a duly notarized certification on loan releases to LGUs signed by the president or an officer of equivalent rank and the chief compliance officer. Such certification shall be considered as a Category A-2 report for purposes of imposing fines on the delayed submission of required reports pursuant to existing regulations.
4 Statement of Indebtedness, Payments, and Balances (SIPB)
The Province/City/Municipality, through the Provincial/City/Municipal Treasurer, shall report annually through a duly completed Statement of Indebtedness, Payments, and Balances (SIPB), to inform this Office of the status of the loan application/s, releases, and payments.