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PHILIPPINE LAWS, STATUTES & CODES
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Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 5279 - AN
ACT AUTHORIZING THE CONSTRUCTION OF SPECIFIC PUBLIC WORKS PROJECTS BY
PRIVATE CORPORATIONS, ASSOCIATIONS, PARTNERSHIPS OR INDIVIDUALS PAYABLE
WITH, OR IN CONSIDERATION OF CERTIFICATES OF INDEBTEDNESS Section 1. In addition to the methods and manner prescribed by existing law, upon approval by a committee composed of the Secretary of Public Works and Communications, the Secretary of Finance, the Chairman of the Public Works and Communications Committee of the Senate, the Chairman of the Finance Committee of the Senate, the Chairman of the Public Works Committee of the House of Representatives, the Chairman of the Appropriations Committee of the House of Representatives, and the Commissioner of the Budget, hereinafter called the Committee, the agency head in charge of the category or public works projects concerned is hereby authorized to enter into contracts for the construction, reconstruction, repair, and/or improvement of buildings, highways, artesian wells, waterworks systems, shore protection works, river control, irrigation, airports and air navigation facilities, portworks, telecommunications and other public works including the acquisition of necessary sites and rights-of-way, with private persons, corporations, associations or partnerships which may offer to undertake the same at their own expense subject to the terms and conditions herein set forth: Provided, That said contracts shall be entered into only with private persons, corporations, associations of partnerships which are duly authorized by law to engage in business in the Philippines at least sixty per cent of the capital stock of which is owned by Filipino citizens and which have sufficient financial capacity and means to undertake such projects to completion and which on the date of the bid are qualified as contractors pursuant to the provisions of Republic Act Numbered Four thousand five hundred sixty-six. Sec. 2. Upon approval of such projects, the agency
head concerned shall forthwith cause to be published once every week
for three consecutive weeks in at least two newspapers of general
circulation, and in local newspapers of general circulation in the
locality where the public works project will be undertaken, a notice
inviting all eligible public works contractors to participate in public
bidding for the projects so approved. The contract shall be awarded to
the lowest qualified bidder. Sec. 3. Private persons, corporations, associations, or partnerships undertaking such public works projects shall be paid in the form of certificates of indebtedness which may be used by said private persons, corporations, associations or partnerships in payment of internal revenue taxes and customs duties, whether current or future. Sec. 4. The certificates or indebtedness to be
issued in accordance herewith when used in settlement for any tax
liabilities of contractors shall be chargeable to funds appropriated by
law and allotted from funds certified by the Commissioner of the Budget
as available for the particular public works projects. Sec. 5. The authority herein granted to the agency head concerned shall be subject to the provisions and requirements of existing laws and regulations on the awarding and execution of contracts for public works and the expenditure of public funds: Provided, That no contract for the construction of public works projects included in or covered by the Public Works Act shall be entered into and executed under this Act unless the Commissioner of the Budget shall have certified that funds equivalent to the contract price have been duly appropriated and allotted from funds certified as available for the purpose. Sec. 6. The Committee shall prescribe and promulgate rules and regulations to implement and give effect to the purposes of this Act within ninety days from the approval hereof. Sec. 7. All Acts, executive orders, administrative orders, proclamations, rules and regulations, or parts thereof, inconsistent with any of the provisions of this Act are repealed or modified accordingly. Sec. 8. Within sixty days after the end of each fiscal year, the Committee shall submit an accomplishment report to both Houses of Congress and to the President of the Philippines, of projects undertaken under the provisions of this Act, specifying the stage of completion and value thereof of each project as well as the total certificates of indebtedness issued and the total amount of interest earned by certificates of indebtedness outstanding. Sec. 9. This Act shall take effect upon its
approval. Approved: June 15, 1968 |
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