BATAS PAMBANSA BLG. 50 - AN ACT
APPROPRIATING FUNDS FOR PUBLIC WORKS AND HIGHWAY 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 Acts, including the proceeds of bond issues and/or loans
and grants from local or foreign institutions, to implement public
works and highway projects of the National Government for the years
beginning 1980, as prescribed hereunder: TITLE A. – Rural Infrastructure Support System For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of Rural Infrastructure Support Systems to service Bagong Lipunan Improvement of Sites and Services (BLISS) and related programs covering the provision of community centers, warehousing facilities, multi-purpose pavements and associated facilities, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P400,000 Region I 20,100,000 Region II 13,100,000 Region III 4,100,000 Region IV 24,800,000 Region V 13,200,000 Region VI 14,800,000 Region VII 15,100,000 Region VIII 16,700,000 Region IX 9,900,000 Region X 13,700,000 Region XI 9,200,000 Region XII 10,500,000 Nationwide 24,400,000 –––––– Total, Title A P200,000,000 TITLE B. – Rural Water Supply For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of rural water supply facilities, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. B-1. Wells, Springs, and Other Point Source Development Projects. National Capital Region P10,000,000 Region I 129,000,000 Region II 87,000,000 Region III 138,000,000 Region IV 134,000,000 Region V 105,000,000 Region VI 134,000,000 Region VII 74,000,000 Region VIII 109,000,000 Region IX 66,000,000 Region X 60,000,000 Region XI 83,000,000 Region XII 70,000,000 Nationwide 64,000,000 ––––––– Total Title B-1 P1,263,000,000 B-2 Communal Faucet Systems National Capital Region P27,000,000 Region I 274,000,000 Region II 188,000,000 Region III 300,000,000 Region IV 344,000,000 Region V 251,000,000 Region VI 320,000,000 Region VII 242,000,000 Region VIII 296,000,000 Region IX 171,000,000 Region X 170,000,000 Region XI 217,000,000 Region XII 191,000,000 Nationwide 85,000,000 –––––– Total Title B-2 P3,076,000,000 –––––– Grand Total, Title B P4,339,000,000 TITLE C. – National and Communal Irrigation, and Farm Systems Development For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of national and communal irrigation, and farm systems development projects, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. C-1. Communal, Irrigation and Farm Systems Development Region I P193,000,000 Region II 208,000,000 Region III 109,000,000 Region IV 195,000,000 Region V 122,000,000 Region VI 100,000,000 Region VII 66,000,000 Region VIII 84,000,000 Region IX 105,000,000 Region X 163,000,000 Region XI 207,000,000 Region XII 254,000,000 Nationwide 100,000,000 –––––– Total Title C-1 P1,906,000,000 –––––– C-2. National Irrigation Projects Region II P1,020,000,000 –––––– 1. Magat Multipurpose Project (IBRD-assisted Project) 966,000,000 2. Soil Erosion Control and Watershed Management Project, Magat River Multi-Purpose Watershed Area (IBRD-assisted Project) 54,000,000 Region III P186,000,000 3. Soil Erosion Control and Watershed Management Project, Upper Pampanga River Project Watershed Area, Nueva Ecija (IBRD-assisted Project) 186,000,000 Region IV P1,084,000,000 –––––– 4. Medium Scale Irrigation Project, Mindoro and Palawan (IBRD-assisted Project) 900,000,000 5. Laguna de Bay Development Project, Part B, Cavite (ADB-assisted Project) 184,000,000 Region X P119,000,000 –––––– 6. Lower Agusan Irrigation Project, Agusan del Norte (KFW-Assisted Project) 119,000,000 Nationwide P360,000,000 7. Various Watershed Management Projects 360,000,000 –––––– Total, Title C-2 P2,769,000,000 –––––– Grand Total, Title C P4,675,000,000 TITLE D. – Small Water Impounding Management Projects For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of small water impounding management (SWIM) projects, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects in support of the Bagong Lipunan Improvement of Sites and Services (BLISS) and related programs. National Capital Region P40,000,000 Region I 100,000,000 Region II 100,000,000 Region III 102,000,000 Region IV 100,000,000 Region V 100,000,000 Region VI 100,000,000 Region VII 100,000,000 Region VIII 100,000,000 Region IX 100,000,000 Region X 100,000,000 Region XI 98,000,000 Region XII 100,000,000 Nationwide 160,000,000 –––––– Total Title D P1,400,000,000 TITLE E. – Farm Drainage For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of drainage facilities and related structures for communal irrigation systems, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. Region I P38,000,000 Region II 20,000,000 Region III 17,000,000 Region IV 16,000,000 Region V 7,000,000 Region VI 7,000,000 Region VII 4,000,000 Region VIII 7,000,000 Region IX 3,000,000 Region X 14,000,000 Region XI 7,000,000 Region XII 12,000,000 Nationwide 15,000,000 ––––– Total, Title E P167,000,000 TITLE F. – Dredging of Rivers For the dredging of rivers and inland waters and removal of obstructions and encroachments, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. Region I P10,000,000 Region II 10,000,000 Region III 10,000,000 Region IV 15,000,000 Region V 10,000,000 Region VI 15,000,000 Region VII 20,000,000 Region VIII 20,000,000 Region IX 15,000,000 Region X 10,000,000 Region XI 15,000,000 Region XII 20,000,000 Nationwide 20,000,000 –––––– Total, Title F P190,000,000 TITLE G. – Flood and Erosion Control for Highways and Railways For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of flood and erosion control projects for highways, including but not limited to embankments, revetments, cross-drains, raising and construction of bridges and improvement of bridge approaches, detours, and related structures, and the engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P950,000,000 Region I 210,000,000 Region II 40,000,000 Region III 60,000,000 Region V 35,000,000 Region X 40,000,000 Region XII 30,000,000 Nationwide 50,000,000 –––––– Total, Title G P1,415,000,000 TITLE H. – Reclamation of Swamps and Inland Waters and Lands For the reclamation of swamps and inland waters and lands, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects, and provision of infrastructure. National Capital Region P600,000,000 Region III 275,000,000 Region V 55,000,000 Region IX 125,000,000 Region X 82,000,000 Region XI 55,000,000 Region XII 550,000,000 Nationwide 150,000,000 –––––– Total, Title H P1,892,000,000 TITLE I. – Ports For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of municipal fishing ports and national ports, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. I-1. Municipal Fishing Ports National Capital Region P10,000,000 Region I 30,000,000 Region II 30,000,000 Region III 20,000,000 Region IV 30,000,000 Region V 30,000,000 Region VI 40,000,000 Region VII 30,000,000 Region VIII 60,000,000 Region IX 40,000,000 Region X 20,000,000 Region XI 20,000,000 Region XII 20,000,000 Nationwide 40,000,000 –––––– Total Title I-1 P420,000,000 I-2. National Ports Region VI P65,000,000 1. Port of Iloilo (3rd IBRD – assisted Port Package), Iloilo City 65,000,000 Region VII P245,000,000 2. Port of Cebu (3rd IBRD – assisted Port Package), Cebu City 245,000,000 Region VIII P100,000,000 3. Port of Isabel (Support to Industrial Estate), Leyte100,000,000 Region IX P122,000,000 4. Port Zamboanga (3rd IBRD-assisted Port Package), Zamboanga City 122,000,000 Region X P71,000,000 5. Port of Cagayan de Oro (3rd IBRD-assisted Port Package), Cagayan de Oro City) 71,000,000 Total Title I-2 P603,000,000 –––––– Grand Total, Title I P1,023,000,000 TITLE J. – School Buildings For the Construction, improvement, provision, rehabilitation, reconstruction and/or completion of school buildings, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P244,000,000 Region I 163,000,000 Region II 163,000,000 Region III 216,000,000 Region IV 325,000,000 Region V 244,000,000 Region VI 216,000,000 Region VII 190,000,000 Region VIII 190,000,000 Region IX 190,000,000 Region X 163,000,000 Region XI 244,000,000 Region XII 163,000,000 Nationwide 292,000,000 –––––– Total, Title J P3,003,000,000 TITLE K. – National Buildings For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of national buildings, and related facilities, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. K–1. Regional, Provincial, City and Municipal Sports and Recreational Centers National Capital Region P60,000,000 Region I 40,000,000 Region II 40,000,000 Region III 40,000,000 Region IV 40,000,000 Region V 40,000,000 Region VI 40,000,000 Region VII 40,000,000 Region VIII 40,000,000 Region IX 40,000,000 Region X 40,000,000 Region XI 40,000,000 Region XII 40,000,000 –––––– Total Title K-1 P540,000,000 K-2. Court of First Instance and Related Judicial Buildings National Capital Region P10,000,000 Region I 22,000,000 Region II 14,000,000 Region III 22,000,000 Region IV 38,000,000 Region V 18,000,000 Region VI 28,000,000 Region VII 26,000,000 Region VIII 18,000,000 Region IX 18,000,000 Region X 28,000,000 Region XI 14,000,000 Region XII 16,000,000 Nationwide 18,000,000 Total, Title K-2 P290,000,000 –––––– Grand Total, Title K 830,000,000 TITLE L. – Urban Infrastructure For the construction, improvement, provision, rehabilitation, reconstruction and/or completion of small-scale infrastructure facilities, such as communal water supply (tankers, tanks and public standpipes), public toilets, sewage disposal, drainage and roads in low-income areas, including engineering and acquisition of sites, equipment, materials, supplies and services to be used directly for the projects. National Capital Region P220,000,000 Metro Manila Infrastructure, Utilities, and Engineering (IBRD- assisted Project) 220,000,000 TITLE M. – Feasibility Studies and Engineering Activities For the conduct of feasibility studies and investigations, surveys, preparation of plans and designs, and other engineering activities for infrastructure projects. M-1 Public Works Nationwide P200,000,000 Total, Title M-1 P200,000,000 M-2 Public Highways Nationwide 1. Feasibility Studies and Preliminary Engineering P50,000,000 2. Detailed Engineering 50,000,000 Total, Title M-2 P100,000,000 –––––– Grand Total, Title M P300,000,000 Sec. 2. Detailed Plans and Programs of Work. – Prior to the actual construction, improvement rehabilitation and or construction of the projects covered in whole or in part by appropriations in this Act, approval of detailed engineering plans and programs of work by the Minister of Public Works or the Minister of Public Highways, as the case may be, shall be obtained for every project with an estimated cost greater than P1,000,000; by the line of Bureau of 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 costs, 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. 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 of Municipal Mayor or 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 where the project is located. Specialized skilled labor may be procured outside the province where the project is located. Sec. 4. 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 method defined by the agency concerned by more than ten per centum (10%), (b) the estimated duration of the project done by 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 District 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 payment 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 the Ministry of Public Highways for the identification of project work items or activities for labor-intensive methods of construction. Sec. 5. 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 or responsibilities for undertaking each phase, specifying or analyzing all analytical procedures and resources to be required for conducting the studies. Sec. 6. Purchase of Materials and Supplies. – The Minister of Public Works or the Minister of Public Highways, as the case may be, 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 or the Minister of Public Highways, as the case may be, subject to bidding and auditing requirements. No surcharge shall be imposed for the service of procuring such materials and supplies. The expenditures for these materials and supplies shall not exceed the estimated cost for the same as stated in the approved program of work. Sec. 7. Prosecution of projects by Administration. – Any project covered by appropriations in this Act with a cost of P500,000.00 or less, based on the approved program of work under Sec. 2 hereof, may be done by administration or force account by the bureau or agency concerned without benefit of public bidding. Every project with a cost of more than P500,000.00 shall be advertised for public bidding: Provided, That subject to the guidelines to be jointly promulgated by the Minister of Public Highways and the Minister of Public Works, preference shall be given to qualified bidders within the region where the proposed project shall be constructed. If there are no 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 or the Minister of Public Highways, as the case may be, if the project cost is P2,000,000.00 or less; and the approval of the President of the Philippines, upon recommendation of the Minister of Public Works or the Minister of Public Highways, as the case may be, if the project cost is more than P2,000,000.00. In case of urgent necessity or emergency, however, a project costing more than P500,00.00 may be prosecuted by administration, without prior public bidding, by the bureau or agency concerned subject to the approval by the Minister of Public Works or the Minister of Public Highways, as the case may be, if the project cost is P2,000,000.00 or less; and to the approval of the President of the Philippines, upon recommendation of the Minister of Public Works or the Minister of Public Highways, as the case may be, if the project cost is more than P2,000,000.00. Sec. 8. 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 cases where 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 project to undertake the additional work under the same contractual terms and conditions 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 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 or the Minister of Public Highways, as the case may be, if the project cost is P2,000,000.00 or less; and to approval by the President of the Philippines, upon recommendation of the Minister of Public Works or the Minister of Public Highways, as the case may be, if the project cost is more than P2,000,000. Sec. 9. Allocation of Regionwide Lump-Sum Appropriations. – The lump-sum appropriations authorized in this Act for each region shall be allocated to specific areas and projects within the region concerned on the basis of their conformance to the national and regional plans, and taking into account the size and potential of the area, population, low rate of employment and/or underemployment, and degree of infrastructure needs, and allocating such projects as equitably as possible among the provinces and cities within the region. Sec. 10. Reports. – The head of the bureau or agency concerned shall submit to the Minister of Public Works or the Minister of Public Highways, as the case may be, quarterly accomplishment reports, copies of which shall be furnished the President (Prime Minister). the National Economic and Development Authority, the Ministry of the Budget, the Speaker of the Batasang Pambansa 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 the Minister of Public Highways 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 (Prime Minister), with copies furnished the National Economic and Development Authority, the Ministry of the Budget and the Batasang Pambansa through the Speaker. Sec. 11. Separability. – If any provision of this Act is declared unconstitutional, the remaining provisions shall remain in force. Sec. 12. Effectivity. – This Act shall take effect immediately upon approval. Approved: December 20, 1979. |