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Provincial Towns Water Supply and Sanitation Program III

DOF Opinion • Department of Finance • DOF Opinions • Dec 14, 2010

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December 14, 2010 DOF OPINION Hon. Daniel I. Landingin Administrator Local Water Utilities Administration MWSS-LWUA Complex, Katipunan Avenue, Balara, Quezon City SUBJECT : Provincial Towns Water Supply and Sanitation Program III Dear Administrator Landingin, This refers to this Department's request for the issuance of the Department of Justice (DOJ) Legal Opinion for the Guarantee Agreement executed between the Government of the Republic of the Philippines, acting by and through this Department, and the Kreditanstalt fr Wiederaufbau (KfW) on 30 June 2009 relative to the Loan Agreement signed between LWUA and KfW on the same date to finance the subject project. In line thereof, we are transmitting herewith for your information and appropriate action the letter of Chief State Counsel Ricardo V. Paras III of DOJ to this Department dated 26 November 2010 requiring the submission of the following documents to enable DOJ to render the said Legal Opinion on the Guarantee: a) Certified true copy of the new Special Authority (Full Powers) from the President; b) Certified true copy of the new LWUA Board Resolution; c) Certified true copy of the new Certification from the Treasurer regarding the ceiling stated in Section 3 of R.A. No. 4860, as amended; ECaTDc d) Written explanation why the implementation of the Loan Agreement is being made only now considering the date of execution of said agreement which is 30 June 2009; and e) Any related document/s showing extension/s to loan availment. Of the abovementioned documents, please be informed that this Department has already secured item (a) and is currently securing the issuance of item (c). For items (b), (d) and (e), may we please refer to your office for compliance the submission of the said documents to DOJ through this Department. Thank you and best regards. Very truly yours, (SGD.) ROSALIA V. DE LEON Undersecretary International Finance Group

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