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BATAS PAMBANSA BILANG. 132BATAS PAMBANSA BLG. 132 - AN ACT
APPROPRIATING FUNDS FOR PUBLIC WORKS, HIGHWAYS, TRANSPORTATION AND
COMMUNICATIONS PROJECTS AND FOR OTHER PURPOSES
Section 1.
Appropriation of Funds. — The following sums, or so much thereof as may
be necessary are hereby appropriated out of the General Fund in the
National Treasury not otherwise appropriated in any subsequent General
Appropriations Act, including the proceeds of bond issues and/or loans
and grants from local or foreign institutions, to implement public
works, highways, transportation and communication projects of the
National Government for the years beginning 1982, as prescribed
hereunder:
TITLE A
HIGHWAYS
For the construction, improvement, rehabilitation, reconstruction,
and/or completion of the following highways projects, including
detailed engineering and acquisition of sites, equipment, materials,
supplies and services to be used directly for the projects.
National Capital Region
P300,000,000
1.
Metro Manila Major Roads
300,000,000
Region I
370,000,000
1.
Rosario-Laoag Road
180,000,000
2.
Ilocos Norte Rural
Development Project, Road Component
40,000,000
3.
Baguio-Bontoc Banawe-
Lubugan
150,000,000
Region II
P70,000,000
1.
Dugo Jet-San Vicente Road
70,000,000
Region IV
P550,000,000
1.
Palawan Integrated Rural
Development Project, Road Component
200,000,000
2.
Mindoro Integrated Rural
Development Project, Road Component
350,000,000
Region V
P120,000,000
1.
Bicol River Basin, Road
Component
120,000,000
Region VI
80,000,000
1.
Antique-Aklan Road
Component
80,000,000
Region VII
P100,000,000
1.
Bohol Integrated Development
Project, Road Component
50,000,000
2.
Various Roads Projects, Cebu
30,000,000
3.
Various Roads Projects, Negros
Oriental
10,000,000
4.
Various Roads Projects, Siquijor
10,000,000
Region VIII
P500,000,000
1.
West Leyte Road Improvement
Project, including four (4) supplementary
road sections in Northwest Leyte
300,000,000
2.
Samar Integrated Rural
Development Project
200,000,000
Region IX
P200,000,000
1.
Zamboanga del Sur Integrated
Development Project, Road Component
170,000,000
2.
For various Road Projects in the
islands of Basilan, Sulu and Tawi-Tawi
30,000,000
Region X
P90,000,000
Region XI
90,000,000
Inter-Regional
P2,930,000,000
1.
Laoag-Allacapan Road
170,000,000
2.
Junction Narvacan, Ilocos Sur
Abra Kalinga Road
180,000,000
3.
Southern Philippine Development
Authority, Road Component
(a)
Malabang Marawi Road
130,000,000
(b)
Ganassi-Tubod Road
100,000,000
(c)
Lake Lanao Circumferential
Road
130,000,000
(d)
Molundo-Wao-Banisilan
Linbungan-Carmen Road
330,000,000
(e)
Dipolog Zamboanga Coastal
Road
600,000,000
(f)
Cotabato-Zamboanga
Coastal Road
500,000,000
(g)
Cotabato City General Santos
Road (South Cotabato Coastal Road)
180,000,000
(h)
Surigao del Norte-Surigao del
Sur-Davao Oriental Coastal Road
410,000,000
4.
Dalton Pass
200,000,000
Nationwide
P4,560,000,000
1.
Philippine Rail Road Project
130,000,000
2.
Luzon Road Project
300,000,000
3.
Philippine Island Road
Project
400,000,000
4.
Major Bridges
600,000,000
5.
Urban Road and
Related Project
200,000,000
6.
Bliss Project, Road
Component
80,000,000
7.
Pambansang Bagong
Nayon Project
50,000,000
8.
Traffic Safety Devices
and Road Signs
70,000,000
9.
Detailed Engineering of
Various Roads/Bridges
100,000,000
10.
Development of Roads and
Bridges
200,000,000
11.
Various National Roads
and Bridges
500,000,000
12.
Local and Rural Roads
and Bridges
500,000,000
13.
Construction of Area Base
Shops
600,000,000
14.
Slum Improvement and
Resettlement Project
100,000,000
15.
Restoration and Improvement
Project
530,000,000
16.
Ferry Services
200,000,000
Total, Title A
P9,960,000,000
TITLE B
RAILWAYS
For the construction of the following projects, including engineering
and acquisition of sites, equipment, materials, supplies and service to
be used directly for the projects.
National Capital Region
P800,000,000
1.
Light Rail Transit System
800,000,000
NCR and other Regions
1.
Repair, Maintenance and
Improvement of Rolling Stocks,
Tracks and other Facilities including
Rehabilitation of the South and North
Main Lines and the Commuter
Service
P2,120,000,000
Total, Title B
P2,290,000,000
TITLE C
PORTS
For the construction, dredging, improvement, provision, rehabilitation,
reconstruction and/or completion of port projects, including
engineering and acquisition of sites, equipment, materials, supplies
and services to be used directly for the projects.
C. — 1.
Fishing Ports
Region I
P76,000,000
1.
Sual Fishing Port,
Pangasinan
P76,000,000
Region IV
P36,000,000
1.
Lucena Fishing Port
36,000,000
Region V
P44,000,000
1.
Camaligan Fishing Port,
Camarines Sur
44,000,000
Region VI
P139,000,000
1.
Iloilo Fishing Port
139,000,000
Region IX
P177,000,000
1.
Zamboanga Fishing Port
177,000,000
Total, Title C-1
P472,000,000
C — 2.
Commercial Ports
Region I
P11,000,000
Region II
10,000,000
Region III
13,000,000
Region IV
23,000,000
Region V
16,000,000
Region VI
25,000,000
Region VII
17,000,000
Region VIII
29,000,000
Region IX
18,000,000
Region X
21,000,000
Region XI
20,000,000
Region XII
4,000,000
Nationwide
20,000,000
Total Title C-2
P237,000,000
Grand Total Title C
P709,000,000
TITLE D
AIRPORTS AND AIR NAVIGATIONAL FACILITIES
For the construction, improvement, rehabilitation, reconstruction,
and/or completion of the following airports and air navigational
facility projects, including feasibility and detailed engineering
studies, acquisition of sites, equipment, materials, supplies, and
services to be used directly for the projects.
Region I
P10,600,000
Region II
33,500,000
Region III
3,400,000
Region IV
363,580,000
Region V
13,170,000
Region VI
31,500,000
Region VII
566,750,000
Region VIII
34,100,000
Region IX
553,900,000
Region X
17,000,000
Region XI
219,500,000
Region XII
23,000,000
National Capital Region (NCR)
695,000,000
Various Air Navigational Aids Projects
380,000,000
Total, Title D
P2,945,000,000
TITLE E
IRRIGATION
For the construction, improvement, provision, rehabilitation,
reconstruction and/or completion of irrigation systems, including
engineering, and acquisition of sites, equipment, materials, supplies,
and services to be used directly for the projects.
Region I
P65,000,000
1.
National Irrigation System Improvement
Project, Regionwide
49,000,000
2.
Various Irrigation System and
Projects, Regionwide
16,000,000
Region II
P516,000,000
3.
Cagayan Integrated Agricultural
Development Project (Irrigation Component),
Cagayan
22,000,000
4.
San Pablo-Cabagan Irrigation
Project Isabela
17,000,000
5.
Watershed Management and Soil
Erosion Control Project,
Regionwide
312,000,000
6.
Nationwide Irrigation Systems
Improvement Project, Regionwide
P145,000,000
7.
Various Irrigation Systems and
Projects, Regionwide
20,000,000
Region III
P155,000,000
8.
Tarlac Irrigation Systems
Improvement Project
19,000,000
9.
Central Luzon Ground Water
Irrigation Project
77,000,000
10.
Upper Pampanga River
Irrigation Systems, San Antonio
Extension and Completion of
Drainage Facilities
18,000,000
11.
Bay to River Irrigation Project
Zambales
21,000,000
12.
Various Irrigation Systems and
Projects, Regionwide
20,000,000
Region IV
P418,000,000
13.
Amro-Pinamacan Irrigation
Project, Aurora
54,000,000
14.
Laguna de Bay Development
Project (Irrigation Component), Laguna,
Rizal and Cavite
05,000,000
15.
Lumintao River Irrigation Project,
Mindoro Occidental
7,000,000
16.
Amnay River Irrigation Project,
Mindoro Occidental
41,000,000
17.
National Irrigation System
Improvement Project, Regionwide
41,000,000
18.
Various Irrigation Systems and,
Projects, Regionwide
20,000,000
Region V
P475,000,000
19.
Naga-Calabanga Irrigation Project,
Camarines Sur
350,000,000
20.
San Francisco River Irrigation
Project, Albay
41,000,000
21.
Virac-Calolbon Irrigation Project,
Catanduanes
15,000,000
22.
National Irrigation Systems
Improvement Project, Regionwide
69,000,000
Region VI
P165,000,000
23.
Binalbangan River Irrigation Project,
Negros Occidental
36,000,000
24.
National Irrigation Systems
Improvement Project, Regionwide
129,000,000
Region VII
P276,000,000
25.
Bohol Irrigation Project (Wahig-
Pamacsalan Reservoir Project)
258,000,000
26.
Bayawan River Irrigation Project,
Negros Occidental
18,000,000
Region VIII
P116,000,000
27.
National Irrigation System
Improvement Project, Regionwide
116,000,000
Region IX
P165,000,000
28.
Sibuguey River Irrigation Project,
Zamboanga del Sur
30,000,000
29.
National Irrigation Systems
Improvement Project, Regionwide
135,000,000
Region X
P219,000,000
30.
Agusan del Sur Irrigation Project,
(Bunawan-Salvacion)
10,000,000
31.
Agusan II Irrigation Project Agusan
del Sur and Agusan del Norte
56,000,000
32.
Bukidnon Irrigation Project
153,000,000
Region XI
P529,000,000
33.
Davao del Norte Irrigation Project,
II Libunganon and Lasang
95,000,000
34.
Davao del Norte III, Hijo, Manat,
Kipaliku, Tugunay, and Libuganon
337,000,000
35.
Allah River Irrigation Project,
South Cotabato
41,000,000
36.
National Irrigation Systems
Improvement Project, Regionwide
46,000,000
37.
Various Irrigation Systems and
Projects, Regionwide
10,000,000
Region XII
P148,000,000
38.
Rugnan River Irrigation Project,
Lanao del Sur
11,000,000
39.
National Irrigation Systems
Improvement Project, Regionwide
137,000,000
Nationwide
P1,409,000,000
40.
Mindanao Irrigation Study III
20,000,000
41.
Philippine Rural Infrastructure
Project II (Communal Irrigation
Development Package Project)
384,000,000
42.
Rehabilitation and Agricultural
Institutional Development Project
85,000,000
43.
Investigation and Survey of Proposed
Irrigation Projects, including Feasibility
Studies
70,000,000
44.
Various Irrigation Systems and
Projects
800,000,000
45.
Mini-Hydros on National
Irrigation Systems
50,000,000
Total, Title E
P4,656,000,000
TITLE F
FLOOD CONTROL AND DRAINAGE
For the construction, dredging, improvement, rehabilitation,
reconstruction and/or completion of flood control and drainage
projects, including engineering, and acquisition of sites, equipment,
materials, supplies, and services to be used directly for the
projects.
National Capital Region
P121,000,000
1.
Dagat-Dagatan Lagoon Reclamation
and Flood Control Project
121,000,000
Region I
P89,000,000
2.
Abra River Control Project
21,000,000
3.
Mabini River Control Project
25,000,000
4.
Aringay River Control Project
Aringay, Tubao, and Pugo, La Union
19,000,000
5.
Tagamusing River Control Project
Binalonan and Manaoag, Pangasinan
14,000,000
6.
Bontoc (Chico) River Control
Project, Mountain Province
10,000,000
Region II
P80,000,000
7.
Cagayan Integrated Area
Development Project
(Flood Control Component)
30,000,000
8.
Tuguegarao Drainage Systems,
Cagayan
10,000,000
9.
Pinacanawan River Controk,
Cagayan
10,000,000
10.
Chico River Control Project,
Kalinga Apayao
10,000,000
11.
Calanasan River Control Project,
Kalinga Apayao
10,000,000
12.
Ifugao River Control Project
Ifugao
10,000,000
Region III
P166,000,000
13.
Pampanga River Control System,
Pampanga, Bulacan, Nueva Ecija and
Tarlac
29,000,000
14.
Maculcol River Control Project,
San Felipe and San Narciso,
Zambales
50,000,000
15.
Quintanguil River Control
Project, Arayat and Magalang,
Pampanga
12,000,000
16.
Abacan River Control Project,
Angeles and Mexico, Pampanga
28,000,000
17.
Batacan River Control Project
San Clemente, Tarlac
15,000,000
18.
Camiling River Control Project,
Camiling and Mayantoc, Tarlac
15,000,000
19.
Dredging and Improvement of
Major Rivers in Bataan and Bulacan
17,000,000
Region IV
P87,000,000
20.
Magsawang Tubig River Control
Project, Naujan, Oriental Mindoro
16,000,000
21.
Cavite Flood Control and Drainage
Project, Kawit and Noveleta, Cavite
20,000,000
22.
Laguna Lake Development Project,
Flood Control Component
41,000,000
23.
Balanak River Control Project,
Pagsanjan, Laguna
10,000,000
Region V
P20,000,000
24.
Daet River Control Project,
Camarines Norte
10,000,000
25.
Sorsogon Schistosomiasis Control
and Related Projects
10,000,000
Region VI
P84,000,000
26.
Aklan River Control Project,
Banga, Libacao, Lezo, Numancia, Malinao,
Aklan
8,000,000
27.
Jalsur River Control Project,
Calinog, Iloilo
8,000,000
28.
Dumangas-Zarraga-Leganes Flood
Control Project, Iloilo
8,000,000
29.
Iloilo City Drainage System
8,000,000
30.
Kalibo Drainage System, Aklan
8,000,000
31.
San Carlos City Drainage
System
8,000,000
32.
Regionwide
36,000,000
Region VII
P65,000,000
33.
Siaton River Control Project,
Negros Occidental
10,000,000
34.
Cebu City Drainage System
11,000,000
35.
Bacong River Control Project,
Negros Oriental
11,000,000
36.
Dumaguete City Drainage
System
10,000,000
37.
Tumogong River Control Project,
Bais City
13,000,000
38.
Inabanga River Control Project,
Inabanga, Bohol
10,000,000
Region VIII
P54,000,000
39.
Saba Basin Schistosomiasis Control
and Related Projects, Leyte
10,000,000
40.
Tacloban City Drainage
System
14,000,000
41.
Ormoc City Drainage System
10,000,000
42.
Subang Dacu River Control
Project, Southern Leyte
10,000,000
43.
Regional Government Center
Drainage System, Palo, Leyte
10,000,000
Region IX
P20,000,000
44.
Dipolog River Control Project
10,000,000
45.
Polanco River Control Project,
Zamboanga del Norte
10,000,000
Region X
82,000,000
46.
Lake Mainit Drainage, Jabonga
and Tubay, Agusan del Norte
20,000,000
47.
Tugulbo River Control Project,
Tugulbo, Agusan del Norte
12,000,000
48.
Mambayaoan River Control
Project, Balingasag, Misamis
Oriental
10,000,000
49.
Cabadbaran River Control
Project, Agusan del Norte
10,000,000
50.
Tubay River Control Project,
Agusan del Norte
10,000,000
51.
Usogon River Control Project,
Bonifacio, Misamis Occidental
10,000,000
52.
Lawayan River Control
Project, Oroquieta City
10,000,000
Region XI
P122,000,000
53.
Upper Agusan River Control
Project, Davao del Norte
60,000,000
54.
Tago River Control Project,
Surigao del Sur
22,000,000
55.
Davao City Drainage System
10,000,000
56.
Nabanturan River Control Project,
Davao del Norte
10,000,000
57.
Glan River Control Project,
South Cotabato
10,000,000
58.
Sta Cruz and Padada River
Control Project, Davao del Sur
10,000,000
Region XII
P30,000,000
59.
Marawi City Drainage System
10,000,000
60.
Cotabato City Drainage
System
10,000,000
61.
Iligan City Flood Control and
Drainage System
10,000,000
Nationwide
P1,038,000,000
62.
Pampanga, Bicol, and Cotabato
Rivers System Dredging Project
185,000,000
63.
Schistosomiasis Flood Control
and Related Projects
53,000,000
64.
Various Flood Control and
Drainage and Related Projects
P800,000,000
Total, Title F
P2,058,000,000
TITLE G
SHORE PROTECTION
For the construction, improvement, provision, rehabilitation,
reconstruction and/or completion of shore protection projects,
including engineering and acquisition of sites, equipment, materials,
supplies and services to be used directly for the projects.
National Capital Region
P5,000,000
Region I
8,000,000
Region II
6,000,000
Region III
5,000,000
Region IV
6,000,000
Region V
6,000,000
Region VI
8,000,000
Region VII
7,000,000
Region VIII
9,000,000
Region IX
6,000,000
Region X
9,000,000
Region XI
6,000,000
Region XII
6,000,000
Nationwide
20,000,000
Total, Title G
P107,000,000
TITLE H
TELECOMMUNICATIONS
For the construction, improvement, provision, rehabilitation,
reconstruction, and/or completion of telecommunications projects,
including feasibility and detailed engineering studies, acquisition of
sites, equipment, materials, supplies, and services to be used directly
for the projects.
National Capital Region (NCR)
P13,500,000
Development of Telecommunications
Training Institute
13,500,000
Region I and II
P388,100,000
Rural Telecommunications
Development Project
388,100,000
Regions III and IV
P375,000,000
Rural Telecommunications
Development Project
375,000,000
Regions V
P194,700,000
Rural Telecommunications
Development Project
194,700,000
Regions VI and VII
P2,055,000,000
Rural Telecommunications
Development Project
2,055,000,000
Regions VIII
P540,000,000
Rural Telecommunications
Development Project
540,000,000
Regions IX, X, XI, & XII
P3,382,600,000
Rural Telecommunications
Development Project
3,382,600,000
Nationwide
P651,000,000
Improvement and Development of
National and Regional Telecommunications
Network
651,000,000
Total, Title H
P7,600,000,000
TITLE I
POSTS
For the construction, improvement, provision, rehabilitation,
reconstruction and/or completion of postal facilities, including
detailed engineering studies, acquisition of sites, equipment,
materials, supplies, and services to be used directly for the
projects.
National Capital Region
P49,600,000
1.
Bureau of Post Building
39,600,000
2.
National Post Training
Center
10,000,000
Various Post Offices/Distribution
Centers
P170,600,000
Region I
16,000,000
Region II
9,000,000
Region III.
16,000,000
Region IV
16,000,000
Region V
9,000,000
Region VI
12,000,000
Region VII
15,000,000
Region VIII
10,600,000
Region IX
10,000,000
Region X
10,000,000
Region XI
12,000,000
Region XII
10,000,000
National Capital Region (NCR)
25,000,000
Total, Title I
P220,200,000
TITLE J
FEASIBILITY STUDIES AND ENGINEERING ACTIVITIES
For the conduct of feasibility studies and investigation surveys,
preparation of plans and designs, and other engineering activities for
infrastructure projects.
Nationwide
P500,000,000
1.
Public Works and Highways
300,000,000
2.
Transportation and
Communications
200,000,000
Total, Title J
P500,000,000
TITLE K
RIGHTS-OF-WAY
For the acquisition of rights-of-way necessary for the implementation
of public works projects.
Nationwide
P600,000,000
1.
Public Works and Highways
400,000,000
2.
Transportation and
Communications
200,000,000
Total, Title K
P600,000,000
TITLE L
MISCELLANEOUS PUBLIC WORKS
For the construction, improvement, provision, rehabilitation and
reconstruction of various miscellaneous public works projects,
including engineering and acquisition of sites, equipment, materials,
supplies and services to be used directly for the projects.
Nationwide
Various Projects
P300,000,000
Total, Title L
P300,000,000
Sec. 2. Detailed Plans and Programs of Work. —
Prior to the actual construction, improvement, rehabilitation and/or
reconstruction of the projects covered in whole or in part by
appropriations in this Act, and except as otherwise provided in Sec. 3 of this Act, approval of detailed engineering plans and programs of
work by the Minister of Public Works and Highways, or in the case of
telecommunications projects by the Minister of Transportation and
Communications, shall be obtained for every project with an estimated
cost greater than P1,000,000; by the line Bureau of the Agency Head or,
in the case of staff bureaus by the Ministry Head concerned, for every
project with an estimated cost greater than P500,000 but not more than
P1,000,000; by the Regional Director concerned for every project with
an estimated cost greater than P200,000 but not more than P500,000; and
by the District or City Engineer concerned for every project with an
estimated cost of P200,000 or less. The program of work shall include,
among other things, estimates of the work items, quantities and cost, a
PERT/CPM (Program Evaluation Review Technique/Critical Path Method)
network of the project activities, and monthly cash flows. The program
of work shall cover at least a usable portion of the project and no
construction shall be started for portions of the project that are less
than usable; except projects requiring stage construction, in which
case continuity of construction up to the completion of a usable
portion shall be assured. Once the program of work is approved, it
shall serve as the basis for the implementation of the project and the
corresponding expenditure of funds. No project shall be divided into
smaller portions for the purpose of circumventing the provisions of
this Section .
Sec. 3. Implementation of Postal, Airport and Air
Navigation Projects. — In the implementation of postal, airport and air
navigation projects covered in whole or in part by appropriations in
this Act, the Ministry of Transportation and Communications shall be
responsible for the project location, space planning, and programming
of funds, subject to existing laws, rules and regulations. The funds
for the projects shall be released to the Ministry of Transportation
and Communications and sub-allotted to the Ministry of Public Works and
Highways, as implementing agency. The Ministry of Public Works and
Highways shall undertake the detailed engineering, including the
preparation and approval of detailed plans and program or work, and the
construction of the project by contract or by administration, in
accordance with the provision of this Act, subject to prior
consultation with the Ministry of Transportation and Communications,
and provided that any expenses for direct project management to be
charged to the project funds by the Ministry of Public Works and
Highways shall not exceed five per centum (5%) the project
cost.
Sec. 4. Local Labor. — In the implementation of
projects covered by appropriations in this Act, the required unskilled
labor shall be procured, where available, from the sitio, barangay,
poblacion, municipality or city where the project is located, and, for
this purpose, a certification from the City or Municipal Mayor of
Barangay Captain, as the case may be, shall be secured as to the
availability of the unskilled labor. Skilled labor shall be procured,
where available, from within the province when the project is located.
Specialized skilled labor may be procured outside the province where
the project is located.
Sec. 5. Labor-Intensive Methods. — Whenever
technically and economically feasible, labor-intensive methods shall be
used in the prosecution of the projects authorized in this Act;
Provided, That (a) the estimated financial cost of each project done by
labor-intensive methods does not exceed the cost of the best
alternative construction methods defined by the agency concerned by
more than ten per centum (10%), (b) the estimated duration of the
project done by the labor-intensive methods does not exceed the
duration of the best alternative method defined by the agency concerned
by more than fifty per centum (50%) and (c) the employment of workers
in the projects will not unduly impair the labor requirements of
agricultural production in consultation with the Barangay Captain
concerned: Provided, finally, That before any such project is
prosecuted, the agency concerned shall prepare at least two alternative
methods of construction based on the same plans and structural
standards, one being labor-intensive together with a comparative
evaluation of projected financial and economic costs, employment
generation, and technical quality; such comparison shall be the basis
for selecting the most advantageous construction techniques to be
employed in terms of the criteria aforestated. The Director or City
Engineer concerned shall certify in the program of work that he has
maximized the use of labor-intensive methods in accordance with the
foregoing criteria. The purchase of hand tools and other work
implements for labor-intensive methods may be charged against project
funds not exceeding five per centum (5%) of the estimated project cost.
These implements may be turned over to the laborers with the payments
therefor deductible from their wages on reasonable installments during
the duration of their employment in the project.
The agencies concerned shall refer to and take into consideration the
relevant studies of the Ministry of Public Works and Highways for the
identification of project work items or activities for labor-intensive
methods of construction.
Sec. 6. Pre-Construction Activities. — In the
implementation of the work, a general plan of operation shall be
prepared to indicate the methods and the procedures to be followed.
This plan will cover and organize all relevant fields of study,
delineation of responsibilities for undertaking each phase, specifying
or analyzing all analytical procedures and resources to be required for
conducting the studies.
Sec. 7. Purchases of Materials and Supplies. — The
Minister of Public Works and Highways, or in the case of
telecommunications projects, the Minister of Transportation and
Communications, is authorized, subject to bidding and auditing
requirements, to procure the necessary materials and supplies for the
construction, reconstruction, improvement, repair and/or rehabilitation
of any project covered by appropriations in this Act. When these
materials and supplies are obtainable locally in the province or city
where the project is located, the same may be procured by the District
or City Engineer or, in the case of special projects, the Project
Manager, without prior authority from the Minister of Public Works and
Highways, or, in the case of telecommunications, the Minister of
Transportation and Communications, subject to bidding and auditing
requirements. No surcharge shall be imposed for the service of
procuring such materials and supplies. The expenditures for each
material shall not exceed the estimated cost of the same as stated in
the approved program of work.
Sec. 8. Prosecution of Projects by Administration.
— Any project covered by appropriations in this Act with a cost of
P500,000 or less, based on the approved program of work under Sec. 2
hereof, may be done by administration or force account by the Ministry,
bureau or agency concerned without benefit of public bidding. Every
project with a cost of more than P500,000 shall be advertised for
public bidding: Provided, That subject to the guidelines to be jointly
promulgated by the Minister of Public Works and Highways and the
Minister of Transportation and Communications, preference shall be
given to qualified bidders within the region where the proposed project
shall be constructed. If there are acceptable bids for such project,
the project may be prosecuted by administration by the bureau or agency
concerned after securing the approval of the Minister of Public Works
and Highways or, in the case of a telecommunications project, by the
Minister of Transportation and Communications, if the project cost is
P5,000,000 or less; and the approval of the President, upon
recommendation of the Ministry of Public Works and Highways or, in the
case of telecommunications project, the Minister of Transportation and
Communications, if the project cost is more than
P5,000,000.
Sec. 9. Negotiated Contracts. — Pursuant to the
general policy of undertaking projects by contract after public
bidding, no project covered by appropriations in this Act shall be
prosecuted by negotiated contract except: (a) in case where the public
bidding has failed to produce bids acceptable to the bureau or agency
concerned; or (b) in case of urgent necessity or emergency or danger to
life and property; or (c) in case of a project under contract, in which
case the agency concerned may negotiate with the contractor of the
on-going contract less credit for mobilization, except in cases of
extraordinary inflation or state of recession declared by the
Government: Provided, That no negative slippage exceeding ten per
centum (10%) is incurred by the contractor in any of his on-going
projects: Provided, further, That the additional work is within his
contracting capabilities. Authority to negotiate contracts for projects
under these exceptional cases shall be subject to prior approval by the
Minister of Public Works and Highways or, in the case of
telecommunications projects, by the Minister of Transportation and
Communications, if the project cost is P5,000,000 or less; and to
approval by the President, upon recommendation of the Minister of
Public Works and Highways or, in the case of telecommunications
projects, of the Minister of Transportation and Communications, if the
project cost is more than P5,000,000.
Sec. 10. Engineering and Administrative Overhead.
— Appropriations in this Act shall be used solely for project
implementation which may include direct engineering and administrative
overhead expenditure incidental thereto. These expenditures shall be
reflected in the program of work for the project concerned as provided
for in Sec. 2 of this Act and shall not exceed five per centum (5%)
of the amount actually released for the project. The expenditures shall
be reduced to the extent of any personnel and other services that are
already supported by regular appropriations of the agencies
concerned.
Sec. 11. Allocation of Nationwide and Regionwide
Lumpsum Appropriations. — The nationwide and regionwide lump-sum
appropriations authorized in this Act shall be allocated as equitably
as possible to specific projects and areas in the various provinces,
cities and municipalities within the region concerned, on the basis of
the conformance of such project to the national and/or regional plans,
the degree of need for such infrastructure project taking into account
the size and developmental potentials of the area, population, rates of
unemployment, employment and/or underemployment; Provided, That
regions, provinces, cities and municipalities that are not covered by
specific appropriations in this Act shall be given priority in the
allocation of such nationwide and regionwide appropriations.
Sec. 12. Reports. — The Minister of Public Works
and Highways and the Minister of Transportation and Communications
shall submit quarterly accomplishment reports to the President, the
Prime Minister, the National Economic and Development Authority, the
Ministry of the Budget, the Batasang Pambansa through the Speaker, and
the Chairman of the Regional Development Council of the region where
the project is undertaken. At the end of the calendar year, the
Minister of Public Works and Highways and the Minister of
Transportation and Communications shall submit their annual
accomplishment reports which shall include the appropriations released
as of the end of the calendar year, the extent of the work
accomplished, further works to be done to complete the program of broad
categories of public works and public highways projects, and
recommendations, if any, for transfer of appropriations or changes of
program to be incorporated in the succeeding appropriations measure, to
the President, the Prime Minister, the National Economic and
Development Authority, the Ministry of the Budget and the Batasang
Pambansa through the Speaker.
Sec. 13. Separability. — If any provision of this
Act is declared unconstitutional, the remaining provisions shall remain
in force.
Sec. 14. Effectivity. — This Act shall take effect
immediately upon approval.
Approved: September 11, 1981.
(C.B. No. 48)
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