Professional Documents
Culture Documents
Scope and Application – enforceable against ?? PCA does not apply if designed solely to
any person or entity facilitate collective bargaining
The PCA applies to GOCCs when they How do we treat competition with foreign
engage in economic activity entities in PH?
Absent any showing that the
Economic activity – activities that generate competition expected in the
profits or dividends for shareholders as well construction industry; should we
as those conducted on a not-for-profit basis open the same to foreigners, would
be unfair to our citizens, the industry
Example: should not be restricted to Filipinos
GOCCs performs a proprietary only.
function It would encourage healthy
Competes in the market place competition among local and foreign
Derive their income solely from contractors and the market will have
commercial transactions in alternative options depending on
competition with the private sector the needs of each construction
project
BUT PCA does not apply to government It is not unconstitutional. The court
instrumentalities that do not perform only frowns upon unfair foreign
proprietary function competition