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PRESIDENTIAL DECREE NO. 147



PRESIDENTIAL DECREE NO. 147  - AMENDING THE PROVISIONS OF EXECUTIVE ORDER NO. 37, SERIES OF 1954 AND EXECUTIVE ORDER NO. 290, SERIES OF 1958, REGARDING THE DISPOSAL OF UNSERVICEABLE EQUIPMENT AND PROPERTY OF THE BUREAU OF PUBLIC HIGHWAYS

 chanroblesvirtualawlibrary

WHEREAS, there are now existing in the Bureau of Public Highways and in its field offices throughout the country considerable quantity of unserviceable equipment and property deteriorating under the elements;chanroblesvirtualawlibrary

WHEREAS, a more expeditious disposal procedure of unserviceable equipment and property is necessary in order that these unserviceable equipment and property of the Bureau of Public Highways may be disposed of, while some parts or assembly thereof are still usable and of value so as to command a better price;chanroblesvirtualawlibrary

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, as amended, do hereby order and decree:  chanroblesvirtualawlibrary

Section 1.    Authority to Dispose. — The provisions of existing laws, rules or regulations to the contrary notwithstanding, the Commissioner of Public Highways shall have the full authority and responsibility to dispose of all unserviceable equipment and property of the Bureau of Public Highways.

Section 2.    Disposal Committee. — To effect the speedy disposal of all unserviceable equipment and property of the Bureau, a Disposal Committee is hereby created composed of representatives of the following offices:cralaw:red

a.     Bureau of Public Highways     Chairman

b.     Bureau of Supply Coordination     Member

c.     Department of Public Works,
    Transportation and
    Communications     Member

Section 3.    Duties of the Disposal Committee. — The Committee shall establish a standard set of rules and regulations to govern the action of the Committee and shall perform the following functions:cralaw:red

a.    Inspect or authorize the Regional Equipment Engineer concerned to inspect the unserviceable equipment and property to verify justification for disposal.  chanroblesvirtualawlibrary

b.    Circularize to all government agencies and educational institutions a list of the equipment indicated in the I & I Report for possible transfer to said agencies.

c.    Jointly, with the representative of the General Auditing Office, set the appraised value of the unserviceable equipment and property to be sold.

d.    Decide on the final manner of disposal taking into consideration the pertinent provisions of the Revised Administrative Code.

e.    Conduct appropriate biddings if the disposal is to be made through sale and/or take such other dispositive actions as may be necessary.

f.    Forward the results of the biddings and other dispositive actions including its recommendation to the Secretary of Public Works, Transportation and Communications.

g.    Effect disposal proceedings.  chanroblesvirtualawlibrary

Section 4.    Submission of Inventory and Inspection Report. — The Bureau of Public Highways' accountable officials in possession of unserviceable equipment and property shall submit to the Commissioner of Public Highways the corresponding Inventory and Inspection Report (I & I) (General Form No. 17-A) supported by individual survey reports and current photographs (two views) of unserviceable equipment and property.

The Commissioner of Public Highways, after processing these reports, shall then refer them to the Disposal Committee with his recommendations.

Section 5.    Disposal. — All unserviceable equipment and property not otherwise transferred to the government agencies shall be disposed of through public bidding.

A representative of the General Auditing Office shall sit with the Committee to witness and certify to the bidding, sale and hauling of the equipment and property.

Section 6.    Dropping of Disposed Unserviceable Equipment and Property from the Books of Account. — After the disposal proceedings have been consummated, the Disposal Committee shall forward the I & I Report with all supporting papers relative thereto the Commissioner of Public Highways, who shall initiate the dropping of the property and accountability from the agency's books of account.

Section 7.    Proceeds from the Sale of Unserviceable Equipment and Property. — The proceeds from the sale of all unserviceable equipment and property of the Bureau of Public Highways shall accrue to the Highways Equipment Account, as provided for the Section 17 of R.A. 917, as amended by Presidential Decrees No. 17 and 130.

Section 8.    This Decree shall take effect upon approval.

Done in the City of Manila, this 13th day of March, in the year of Our Lord, nineteen hundred and seventy-three.


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