Maharlika Wealth Fund

Proposed sovereign wealth fund for the Philippines

Maharlika Investment Corporation
Logo of the sovereign wealth fund
Company typeState-owned
IndustryFinance
FoundedJuly 18, 2023
Founder19th Congress under the administration of President Bongbong Marcos
Area served
Philippines
Key people
Ralph Recto (Chairperson[a])
Rafael Consing, Jr. (President and CEO)
ServicesSovereign wealth fund management
OwnerGovernment of the Philippines
Websitemaharlika.dof.gov.ph

The Maharlika Wealth Fund (MWF), also known as the Maharlika Investment Fund (MIF), is a sovereign wealth fund for the Philippines which is managed by the Maharlika Investment Corporation (MIC).[1] The MIF is the Philippines' first sovereign wealth fund. It will be allocated across a variety of assets, including foreign currencies, fixed-income instruments, domestic and foreign corporate bonds, commercial real estate, and infrastructure projects.The MIF is expected to generate returns that support the government's economic goals, as outlined in the Medium-Term Fiscal Framework, the eight-point Socioeconomic Agenda, and the Philippine Development Plan.

MIF Act of 2023 signing

Background

Implementing law

Legislative process

Maharlika Investment Fund Act of 2023
Congress of the Philippines
Long title
  • An Act Establishing the Maharlika Investment Fund, Providing for the Management, Investment, and Use of the Proceeds of The Fund, and Appropriating Funds Therefore
CitationRepublic Act No. 11954
Territorial extentPhilippines
Passed byHouse of Representatives of the Philippines
PassedDecember 15, 2022
Passed bySenate of the Philippines
PassedMay 31, 2023
Signed byBongbong Marcos
SignedJuly 18, 2023
Legislative history
First chamber: House of Representatives of the Philippines
Bill citationH. No. 6608, 19th Cong. 1st Sess.
IntroducedDecember 12, 2022
First readingDecember 12, 2022
Second readingDecember 15, 2022
Third readingDecember 15, 2022
Voting summary279 voted for
  • 6 voted against
  • None abstained
    • Second chamber: Senate of the Philippines
    Bill citationS. No. 2020, 19th Cong., 1st Sess.
    Second readingMay 30, 2023
    Third readingMay 30, 2023
    Voting summary
    • 19 voted for
    • 1 voted against
    • 1 abstained
    • 3 absent
    Status: In force

    In late November 2022, seven lawmakers in the Philippine House of Representatives, including Martin Romualdez and Sandro Marcos, filed House Bill No. 6398,[b] proposing the creation of a sovereign wealth fund for the Philippines to be known as the Maharlika Wealth Fund (MWF), inspired from South Korea's sovereign wealth fund. The fund, if established, would be managed by the Maharlika Investments Corporation (MIC).[3][4] President Bongbong Marcos has backed the establishment of a sovereign wealth fund, believing that it would be advantageous for the country.[5][6]

    After President Marcos certified the bill as urgent, it was passed on its third reading in the lower house, with 279 lawmakers voting in favor of passing the bill.[7] Only six lawmakers voted against: Gabriel Bordado (Camarines Sur–3rd), Arlene Brosas (Gabriela), France Castro (ACT Teachers), Mujiv Hataman (Basilan–Lone), Edcel Lagman (Albay–1st), and Raoul Manuel (Kabataan).[8][9] From filing to approval, it took the House of Representatives 17 days to deliberate on the bill.[10]

    On May 24, 2023, Marcos certified the creation of the Maharlika investment fund as urgent to the Senate.[11] On May 31, 2023, the upper house had approved the third and final reading with a total of 19 senators voting in favor, one negative (Risa Hontiveros) and one abstention (Nancy Binay).[12] It would need President Marcos' signature before it becomes law.[13]

    A bill that is certified as urgent allows lawmakers to bypass the constitutional rule requiring bills to be passed on three readings on separate days.[10] The president's certification of urgency is typically made to respond to public calamities or emergencies.[14] In February 2023, a petition was filed to the Supreme Court requesting to nullify Marcos's certification of urgency, arguing that it is unconstitutional because no public calamity or emergency was expressly stated in Marcos's letter to the House.[14] This was later dismissed by the Court in May, citing that the petitioners "failed to present to Court any fact establishing the existence of an actual case or controversy ripe for adjudication".[15]

    On July 5, 2023, the copy of the bill was transmitted to Malacañang for President Marcos's signature.[16] On July 18, he signed the bill into law as Republic Act No. 11954.[17]

    GSIS and SSS funding

    Initially, the Government Service Insurance System (GSIS) and the Social Security System (SSS) were obliged to contribute funds to the MIF under the proposed bill establishing the fund. The two institutions were later dropped as mandatory contributors.[18] However, both the boards of the GSIS and SSS would be permitted to contribute if they approve such a move.[19][20]

    Reception to the proposal

    Economist Michael Batu said the fund, if managed properly, can help raise money to help the government's programs and achieve development goals.[21] Global Source economist Romeo Bernardo, on the other hand, believes that the proposal is poorly timed and that a sovereign wealth fund would just add to the Philippines' current financial and fiscal risks and raised concern for potential mismanagement, mentioning the 1Malaysia Development Berhad scandal.[22]

    A group consisting of 12 organizations, namely the Foundation For Economic Freedom, Competitive Currency Forum, Filipina CEO Circle, Financial Executives Institute of the Philippines, Institute of Corporate Directors, Integrity Initiative, Inc., Makati Business Club, Management Association of the Philippines, Movement for Good Governance, Philippine Women's Economic Network, UP School of Economics Alumni Association and Women's Business Council Philippines, Inc., made a collective statement against the proposal. The group believes that there is no gap or "missing institution" in the Philippine economy that necessitates the creation of a sovereign wealth fund and prescribes the government to focus on the management of the country's fiscal deficit and public debt to avoid impediments to the delivery of public services and to prevent a downgrade of the Philippines' sovereign investment credit rating. It also notes that the Philippine economy has no commodity-based surpluses or surpluses from external trade from state-owned enterprises. It also opposed the idea of the GSIS and SSS contributing to the fund.[22]

    The Philippine Stock Exchange has made its support of the proposal, stating that the "primary mission is to facilitate the flow of capital into more productive and beneficial channels and as a result, contribute to efficient capital formation for the country".[23]

    The legislation also met criticisms. Critics see it as a plunder fund as, according to tax expert Raymond Abrea, the fund is "prone to corruption and money laundering".[24] Economists remain skeptical about the bill as it contains provisions that could affect the independent functions of government financial institutions and the Bangko Sentral ng Pilipinas.[25] In June 2023, University of the Philippines School of Economics faculty members issued a paper stating that the fund "violates fundamental principles of economics and finance and poses serious risks to the economy and the public sector – notwithstanding its proponents' good intentions". They emphasized its unclear purpose even after deliberations at the bicameral Congress, possible encroachment on the budget process, risks to public funds, moral-hazard risks, possible contradiction to other economic plans given its vagueness, red flags in governance structure, and unlikely substantial growth to finance projects as crucial points to consider.[26]

    Establishment

    On October 12, 2023, President Ferdinand Marcos Jr. ordered the suspension of the implementing rules and regulations (IRR) of the laws setting up the Maharlika Investment Fund, claiming that he wanted to further study it "to ensure that the purpose of the fund will be realized for the country's development with safeguards in place for transparency and accountability."[27]

    New Directors of MIC

    On November 6, 2023, President Marcos Jr. announced that the IIR for the Maharlika Fund has been finalized, and he emphasized that they are pushing to have it operational before year-end.[28] The revised IRR was published by the Official Gazette on November 10, 2023.[29]

    Rafael Consing Jr. was sworn in as the Maharlika Investment Corporation's president and CEO on November 24, 2023.[30] Four directors were sworn in on December 20, including Vicky Castillo Tan, Andrew Jerome Gan, German Lichauco, and Roman Felipe Reyes.[31]

    On January 1, 2024, the Maharlika Investment Corporation held its inaugural board meeting. Rafael D. Consing, Jr., President, discussed the Fund’s capitalization and identified some potential sectors that may be tapped by the MIF.[32]

    On April 18, 2024, Maharlika Investment Corporation unveiled its official logo which principally honors the Flag of the Philippines and the Philippine eagle. The design reflects the themes of rebirth and renewal inspired by "Bagong Pilipinas.”[33]

    Legal challenges

    On September 18, 2023, Senate Minority Leader Koko Pimentel, representative Ferdinand Gaite (Bayan Muna), and former representatives Neri Colmenares and Carlos Isagani Zarate (Bayan Muna) filed a 56-page petition before the Supreme Court to ask the declaration of Maharlika Investment Fund Act of 2023 as unconstitutional. They claimed that it "entrusts hundreds of billions in public funds to unknown fund managers and an amorphous nine-member Board of Directors."[34]

    See also

    Notes

    1. ^ An ex-officio member thru the Finance Secretary role
    2. ^ House Bill No. 6398 was the original version of House Bill No. 6608.[2]

    References

    1. ^ "What is the Maharlika Investment Fund all about?". PIA. July 18, 2023. Retrieved July 24, 2023.
    2. ^ Lalu, Gabriel Pabico (December 16, 2022). "Maharlika Investment Fund bill OK rushed, say House minority solons". Philippine Daily Inquirer. Retrieved June 2, 2023.
    3. ^ Yu, Lance Spencer (November 29, 2022). "Romualdez, Sandro Marcos file bill creating PH sovereign wealth fund". Rappler. Retrieved December 3, 2022.
    4. ^ Cigaral, Ian Nicolas (December 3, 2022). "Does the P250-B Maharlika Wealth Fund make sense?". The Philippine Star. Retrieved December 3, 2022.
    5. ^ Corrales, Julie M.; Aurelio, Nestor (December 13, 2022). "Marcos says Maharlika fund creation his idea". Philippine Daily Inquirer. Retrieved December 15, 2022.
    6. ^ Saaduddin, Jii (June 5, 2023). "Maharlika Fund: A Proposed Sovereign Wealth Fund For The Philippines — Davao Corporate". Retrieved June 6, 2023.
    7. ^ "Maharlika Investment Fund bill approved, 90 percent of House members named co-authors". congress.gov.ph (Press release). December 16, 2022. Archived from the original on February 5, 2023.
    8. ^ de Leon, Dwight (December 15, 2022). "House passes Maharlika fund bill after Marcos certifies it as urgent". Rappler.
    9. ^ Eriberto, T. says (December 18, 2022). "Why 6 House lawmakers voted no to the Maharlika Investment Fund bill". Rappler. Retrieved June 2, 2023.
    10. ^ a b Gregorio, Xave (November 15, 2022). "With Marcos certification, House hastily approves Maharlika Investment Fund". The Philippine Star. Retrieved June 2, 2023.
    11. ^ Cayabyab, Marc Jayson (May 25, 2023). "Marcos certifies Maharlika fund bill as urgent". The Philippine Star. Retrieved June 2, 2023.
    12. ^ Bacelonia, Wilnard (May 31, 2023). "MIF gets Senate nod, now under bicam scrutiny". Philippine News Agency (in English and Tagalog).
    13. ^ "Maharlika bill now up for Marcos' signature". CNN Philippines. May 31, 2023. Archived from the original on May 31, 2023. Retrieved June 2, 2023.
    14. ^ a b "Makabayan bloc asks SC to nullify Marcos' certification of Maharlika fund as urgent". CNN Philippines. Archived from the original on March 30, 2023. Retrieved June 2, 2023.
    15. ^ Torres-Tupas, Tetch (May 11, 2023). "SC junks petition vs. Maharlika Fund; Makabayan bloc appeals ruling". Philippine Daily Inquirer. Retrieved June 2, 2023.
    16. ^ Gita-Carlos, Ruth Abbey (July 5, 2023). "MIF bill transmitted to Malacañang". Philippine News Agency. Retrieved July 18, 2023.
    17. ^ Valente, Catherine S. (July 18, 2023). "Marcos signs Maharlika law". The Manila Times. Retrieved July 18, 2023.
    18. ^ Quismorio, Ellson (December 9, 2022). "GSIS, SSS dropped as Maharlika fund backers; BSP steps in". Manila Bulletin. Retrieved December 15, 2022.
    19. ^ Lalu, Gabriel Pabico (December 13, 2022). "GSIS and SSS may still invest in Maharlika fund if their boards will allow – lawmaker". Philippine Daily Inquirer. Retrieved December 15, 2022.
    20. ^ Gregorio, Xave (May 29, 2023). "Loophole in Maharlika bills lets SSS, GSIS invest in fund". The Philippine Star. Retrieved June 2, 2023.
    21. ^ Gutierrez, Pia (December 5, 2022). "Economist: Maharlika fund can help govt complete projects if managed properly". ABS-CBN News (in English and Tagalog). Retrieved December 5, 2022.
    22. ^ a b Dumlao-Abadilla, Doris (December 5, 2022). "Economists, business groups oppose Maharlika Wealth Fund bill". Philippine Daily Inquirer. Retrieved December 15, 2022.
    23. ^ Ochave, Revin Mikhael (December 19, 2022). "PSE backs creation of Maharlika Investment Fund". BusinessWorld. Retrieved December 26, 2022.
    24. ^ de la Paz, Dean (July 11, 2023). "[OPINION] Peddling a plunder fund". Rappler. Retrieved July 18, 2023.
    25. ^ Atienza, Kyle Aristophere (June 2, 2023). "Economists still skeptical about Maharlika fund after Congress approval". BusinessWorld. Retrieved July 18, 2023.
    26. ^ Abrenica, Ma.Joy; Adorna, Luzeta; Coseteng, Patricia; de Dios, Emmanuel; de los Angeles, Marian; Del Castillo, Noel; Endriga, Benjamin; Escresa, Laarni; Estudillo, Jonna; Pernia, Ernesto; Punongbayan, Jan Carlo; Reside, Renato Jr.; Sabarillo, Anthony; Solon, Orville Jose; Suanes, Gerard; Tan, Elizabeth; Yamashita, Mariel Jances Nhayin (June 2023). "Maharlika Investment Fund: Still Beyond Repair". University of the Philippines School of Economics. Retrieved July 18, 2023.
    27. ^ Yu, Lance Spencer (October 18, 2023). "Marcos suspends Maharlika fund implementation, says it needs further review". Rappler. Retrieved October 18, 2023.
    28. ^ Gonzales, Anna Leah (November 6, 2023). "PBBM: Maharlika Fund IRR finalized". Philippine News Agency. Retrieved November 6, 2023.
    29. ^ "Revised Implementing Rules and Regulations of the Maharlika Investment Fund Act of 2023 (Republic Act No. 11954)" (PDF). Official Gazette of the Republic of the Philippines. November 10, 2023. Retrieved November 14, 2023.
    30. ^ Yu, Lance Spencer (November 24, 2023). "Consing takes oath as Maharlika Investment Corporation president, CEO". Rappler. Retrieved November 26, 2023.
    31. ^ Servallos, Neil Jayson. "Four new Maharlika directors sworn in". Philstar.com. Retrieved December 21, 2023.
    32. ^ "Maharlika Investment Corporation holds inaugural board meeting, identifies potential sectors to tap". Department of Finance (Philippines). January 1, 2024. Retrieved April 19, 2024.
    33. ^ Cordero, Ted (April 18, 2024). "Maharlika Investment Corporation unveils official logo". GMA Integrated News. Retrieved April 19, 2024.
    34. ^ Aurelio, Julie M.; Santos, Tina G. (September 19, 2023). "Maharlika Investment Fund challenge goes to Supreme Court". Philippine Daily Inquirer. Retrieved September 19, 2023.
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