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PRESIDENTIAL DECREE NO. 1759
PRESIDENTIAL DECREE NO. 1759
- PENALIZING CONTRACTORS AND SUBCONTRACTORS WHO VIOLATE ANY MATERIAL
PROVISIONS OF CONTRACTS INVOLVING PUBLIC WORKS PROJECTS OF THE
GOVERNMENT, AND PUBLIC OFFICIALS WHO ALLOW SUCH VIOLATIONS, AND FOR
OTHER PURPOSES
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WHEREAS, it
has been observed that many government projects involving public works
are being constructed below specifications as to materials, quality and
quantity of work in violation of substantial provisions and
requirements of the contract;chanroblesvirtualawlibrary
WHEREAS, the government has suffered tremendous losses as a result of
said violations; and
WHEREAS, there is a necessity to curb this flagrant irregularities in
the prosecution or execution of government projects.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President/Prime Minister of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree:cralaw:red
Section 1. Any provisions of law to the contrary
notwithstanding, contractors and sub-contractors who violate any
material provisions of contracts involving public works projects,
either as to materials, quality and quantity of work, resulting to the
prejudice of the government, shall suffer the penalty of from twelve
(12) years to life imprisonment at the discretion of the Court and
shall, in addition suffer perpetual disqualification from participating
in any government contracts.
The offending contractor or sub-contractor shall further be liable for
the cost of reconstructing such public works project in accordance with
the specifications agreed upon.
In case of corporations, partnerships or associations, the President,
General Manager or any responsible chief executive officer/officers
shall be liable.
Section 2. Any public official who, by reason of the
duties of his office, shall consent, or through abandonment or
negligence, permit the contractor of subcontractor to commit the
violations mentioned in Section I hereof, shall suffer the penalty of
from twelve (12) years to life imprisonment and perpetual
disqualification to hold any public office.
Section 3. Any provisions of law, decree, executive
order or any issuance inconsistent herewith are hereby repealed and/or
modified accordingly.
Section 4. This Decree shall take effect immediately.
Done in the City of Manila,
this 2nd day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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