Miscellaneous Projects.
SEC. 2. Miscellaneous Projects.—The following sums, or
so much thereof as may be necessary are hereby appropriated, out of the
general funds in the national treasury, not otherwise appropriated,
subject to the provisions hereinafter set forth, for the purposes
mentioned hereunder.
a)
For the maintenance and/or
repair of public buildings, shrines and monuments, including ground and
outside installations: Provided, That, so much as may be necessary but
not to exceed Pl,000,000 of this sum shall be made available for
Malacañang buildings and Mansion and Guest Houses in Baguio: Provided,
further, That P50,000 of this sum shall be made available for the
maintenance of the Mabini Shrine in Tanauan, Batangas, including the
salaries of the two caretakers of the shrine who shall be the two
nearest surviving kin of Apolinario Mabini
10,000,000
b)
For the operation, maintenance and repair of airports,
buildings and outside installations, including the purchase of necessary
materials and supplies
10,000,000
c)
For the maintenance, repair and operation of existing air
navigation facilities, including the purchase of necessary materials and
supplies
15,000,000
d)
For the operation and maintenance of River Control Dredging
Fleet, including the deepening and widening of rivers and esteros for
flood control and drainage purposes and acquisition of necessary spare
parts, supplies and equipment
5,000,000
e)
For the maintenance of existing flood control and drainage
structures including operation, construction, and maintenance of flood
control hydraulic models
5,000,000
f)
For the emergency repair of damages of existing river control
works
5,000,000
g)
For the prosecution of pre-investment studies, regional
planning, project pre-feasibility and feasibility studies, preliminary
engineering and other activities necessary and prior to actual project
implementation, including administrative services and training directly
identified with the studies and purchase of equipment, materials, and
supplies as may be authorized by the National Economic and Development
Authority upon recommendation of the Secretary of Public Works,
Transportation and Communications and other department heads concerned
50,000,000
h)
For the prosecution of necessary detailed engineering of
projects authorized in this and other public works measures, including
detailed surveys, soil investigations, detailed designs preparation of
specifications and contract documents, and other related activities that
are necessary prior to actual construction, as may be authorized by the
National Eco-nomic and Development Authority upon recommendation of the
Secretary of Public Works, Transportation and Communications and other
department heads concerned
100,000,000
i)
For the purchase of necessary rights-of-way for the
implementation of projects authorized in this and other public works
measures as may be authorized by the National Economic and Development
Authority upon recommendation of the Secretary of Public Works,
Transportation and Communications and other department heads concerned
80,000,000
___________
Total for Section 2
P280,000,000
==========
Apportionment of the Portworks Special Fund.
SEC. 3. Apportionment of the Portworks Special Fund.—
The following sums, or so much thereof as may be necessary are hereby
apportioned and authorized to be released out of the Portworks Special
Fund as provided in Act No. 3592, as amended, not otherwise apportioned,
to implement the portworks projects which pertain to the Capital
Development Program of the Administration, subject to the provisions
hereinafter set forth and for the purposes mentioned hereunder:
TITLE K—PORTWORKS AND MARITIME NAVIGATION
1.
For the construction, installation, improvements,
rehabilitation, reconstruction, including project preparation and
purchase of necessary materials and supplies, of the projects summarized
hereunder:
(a) National Ports
1.
Port of Manila
P 80,000,000
2.
Port of Davao, Sasa
35,000,000
3.
Port of Davao, Santa Ana
5,000,000
4.
Port of Iligan, Iligan City
10,000,000
5.
Port of Cotabato (Polloc), Cotabato City
10,000,000
6.
Port of Cagayan de Oro City
7,000,000
7.
Port of General Santos City
13,000,000
8.
Port of Nasipit, Agusan
67,000,000
9.
Port of Zamboanga City
45,000,000
10.
Various National Ports
50,000,000
___________
Total for National Ports
P322,000,000
==========
(b) Municipal Ports
11.
Port of Orani, Bataan
100,000
12.
Port of Orion, General Capinpin, Bataan
250,000
13.
Port of Macalilon, Quezon
150,000
14.
Port of Mamburao, Mindoro Occidental
75,000
15.
Port of Balatao, Talisay, Batangas
230,000
16.
Port of Santo Tomas Wharf, Tingloy, Batangas
100,000
17.
Port of Sagnay, Bugalon, Cama rines Sur
150,000
18.
Port of Matnog, Sorsogon
100,000
19.
Port of Castilla, Sorsogon
300,000
20.
Port of Estancia, Iloilo
100,000
21.
Port of Catagbacan, Lo-on, Bohol
65,000
22.
Port of Ubay, Bohol
100,000
23.
Port of Barrio Matarinao, Salcedo, Eastern Samar
100,000
24.
Port of Marvo Allen, Northern Samar
100,000
25.
Port of Lavezares, Barobaybay, Northern Samar
150,000
26.
Port of Pambujan, Paninirongan, Northern Samar
100,000
27.
Port of Padre Burgos, Leyte
100,000
28.
Port of Taguilon, Zamboanga del Sur
130,000
29.
Port of Davao, Dawa Alicia
100,000
30.
Port of Benoni, Camiguin
100,000
31.
Port of Medina, Misamis Oriental
100,000
32.
Port of Jasaan, Misamis Oriental
100,000
33.
Port of Gingoog, Misamis Oriental
150,000
34.
Port of Tamparan, Lanao del Sur
100,000
35.
Port of Lianga, Surigao del Sur
100,000
36.
Port of Cortes, Surigao del Sur
120,000
37.
Port of Cantilan, Surigao del Sur
300,000
38.
Various Municipal Ports
2,000,000
Total for Municipal Ports
P 5,570,000
___________
P327,570,000
Total for Ports
==========
2.
For the survey,
investigation, construction, rehabilitation, reconstruction, dredging,
reclamation, improvement, and/or completion of other national ports
including supplies to be alloted by the Secretary of Public Works,
Transportation and Communications upon the recommendation of the
Director of Public Works
P 20,000,000
3.
For the survey,
investigation, construction, rehabilitation, reconstruction, dredging,
reclamation, improvement, and/or completion of municipal ports and
harbors including purchase of necessary materials and supplies to be
alloted by the Secretary of Public Works, Transportation and
Communications upon recommendation of the Director of Public Works
5,000,000
4.
For the construction,
installation, rehabilitation, reconstruction, repair and/or improvement
of lighthouse stations and/or other aides to navigation, including the
survey and investigation of sites and the purchase of necessary
materials and supplies, to be alloted by the Secretary of Public Works,
Transportation and Communications upon recommendation of the Director of
Public Works
5,000,000
___________
Total for Section 3
Portworks Special Funds
P357,570,000
==========
SPECIAL PROVISIONS
Program of Work Required Before Prosecuting Public Works.
SEC. 4. Program of Work Required Before Prosecuting
Public Works.—Before prosecuting any public works project, the
district, city or project engineer concerned shall prepare a program of
works for approval by the Department Head concerned for any project with
an estimated cost of more than P500,000; by the Bureau Head concerned
for any project with an estimated cost more than P200,000 but not more
than P500,000; by the Regional Director concerned for any project with
an estimated cost of more than P50.000 but not more than P200,000; and,
by the District or City Engineer concerned for any project with an
estimated cost of P50,000 or less. In no case shall construction funds
be remitted to field offices or construction work on a project be
started before the program of work is approved.
No program of
work for any project which requires special site investigation, survey,
and construction plans shall be approved unless such plans are used as
basis of the program: Provided, That for project with an
estimated cost of P100,000 or more the PERT/CPM technique shall be used
and a time-scaled diagram of the activities as well as a monthly cash
flow shall be made part of the program of work.
The program of work for any project shall not be amended except
in case of unforeseen contingencies or any change in field conditions or
other similar circumstances in which case an amendment may be allowed
provided that such amendment will not result in the impairment of the
expected accomplishment in excess of fifteen per centum thereof.
SEC.
5. Preliminary Studies.—In the implementation of the work, a
general plan of operations shall be prepared to indicate the methods
and procedures to be followed. This plan will cover and organize all
relevant fields of study, delineation or responsibilities for
undertaking each phase, specifying all analytical procedures and
resources to be required for conducting the studies: Provided,
That the appropriation shall include administrative services directly
identified with the studies and purchase of equipment, materials and
supplies.
Rental of Equipment.
SEC. 6. Rental of Equipment.—Rental of equipment
shall not be deducted at the time of the release of funds for public
works or even in anticipation of use of the equipment but shall be paid
based on actual use when the appropriation so released is P25,000 or
less. When the appropriation so released is above P25,000 and use of
rented equipment is anticipated, then deduction for rental shall be made
at the time of the release of funds but such deduction shall not exceed
ten per centum of the released appropriation: Provided, That
should the amount so deducted be in excess of actual rental, the balance
of such deduction should be remitted immediately to the district or
city engineering office concerned.
Preference to Local Labor.
SEC. 7. Preference to Local Labor.—In the
execution and construction of any public works project, the labor
requirements shall be filled by laborers from the sitio, barrio,
poblacion or municipality where the project is being undertaken.
However, in case of skilled labor, it may be procured elsewhere within
the province where the project is located; and in the case of
specialized skilled labor, it may be procured outside the province where
the project is located.
Use of Private Consulting Service.
SEC. 8. Use of Private Consulting Service.—For any
public works project with an estimated cost of P200.000 or more, the
Secretary of Public Works, Transportation and Communications may hire
the services of Filipino or associated Filipino and foreign consultants
or consulting firms whenever available, for a fee not exceeding two and
one-half per centum of the estimated cost to review the project or plans
and specifications devised by the bureau or office concerned, or for a
fee not exceeding six per centum of the estimated cost to prepare the
projects including plans and specifications thereof: Provided,
That except for projects financed by loans from international lending
institutions or projects financed in pursuance of bilateral agreements
with foreign governments or their instrumentalities whose foreign
consultants services are required, the participation of the Filipino
consultants and/or implementing agency concerned in such, combined
services shall be maximized.
Prosecution of Public Works Projects by Administration.
SEC. 9. Prosecution of Public Works Projects by
Administration.—The provisions of any law, rules or regulation to
the contrary notwithstanding and irrespective of the source of funds,
all public works projects with a cost of Two Hundred Thousand Pesos
(P200,000) or less may be done by administration by the bureau or agency
concerned without benefit of public bidding subject to the provision of
Section seven, hereof. Public works projects with a cost of more than
Two Hundred Thousand Pesos (P200, 000), shall, after public bidding, be
awarded by contract. If there are no responsible bids for the project,
or the bids are higher than the government estimate on the cost of the
project, the project may be prosecuted by administration by the bureau
or agency concerned after securing the approval of the Department Head.
In case of urgent necessity or emergency, projects costing more than
P200.000 may be prosecuted by administration without benefit of public
bidding upon representation by the bureau or agency concerned, subject
to favorable recommendation of the Department Head and approval by the
President of the Philippines.
Purchase of Sites.
SEC. 10. Purchase of Sites.—Any appropriation
herein authorized for construction of any project shall be understood to
cover the acquisition or purchase of sites whenever such acquisition or
purchase is necessary for the prosecution of the project.
Purchase of Materials and Supplies.
SEC. 11. Purchase of Materials and Supplies.—The
Department Head concerned is authorized, in the interest of public
service, subject to bidding and auditing requirements, to procure the
necessary materials and supplies, needed for the construction,
reconstruction, improvement, repair and/or maintenance of any public
works project, regardless of the source of funds: Provided, That
when such materials and supplies are obtainable locally in the district,
city or neighboring districts, the same may be procurred by the
District or City Engineer without prior authority from the Department
Head: Provided, further, That, no surcharge shall be imposed for
the service of procuring such materials and supplies: Provided,
furthermore, That the cost of such materials and supplies shall not
exceed the estimated cost of such materials and supplies stated in the
approved program of work as provided under Section Four hereof.
Engineering Surcharge and Other Overhead Expenses.
SEC. 12. Engineering Surcharge and Other Overhead
Expenses.—No national surcharge shall be collected from the
appropriation or expenditures authorized for any category of public
works and all surcharges to be collected by the District or City
Engineering office for administrative, overhead and engineering
expenses, including the compensation and travel expenses as provided in
Section Nine hereof and all other deductions shall not exceed ten per
centum of expenditures of appropriation for any public works projects,
so that ninety per cent of said appropriation shall be expended directly
for the project: Provided, That nine per cent of said
expenditures shall accrue to the District or city engineering office and
one per cent shall accrue to the regional engineering offices
concerned: Provided, further, That such surcharges shall be
under the custody of the disbursing officers of the said engineering
offices: Provided, finally, That such surcharges may be used
for the purchase of motor vehicles and equipment.
Public Works Appropriations under this Decree, are National Disbursing Funds: Exceptions.
SEC. 13. Public Works Appropriations under this Decree,
are National Disbursing Funds: Exceptions.—All funds appropriated
under the provisions of this Decree shall, when released, be carried in
the account books of the treasurers or special disbursing funds and all
projects herein specified are classified as national projects: Provided,
That provincial fund allocated as counterpart shall not be considered
as national fund.
Inter changeability of Financing Methods.
SEC. 14. Inter changeability of Financing Methods.—The
President of the Philippines or his duly authorized representative may
modify the financing methods indicated in this Decree and previous
Public Works Acts and Decree, so as to enable the Department Head
concerned to undertake the projects authorized to be financed either
from general revenue, from proceeds from the sale of bonds, from loans,
or from a combination of these sources of funds, and, with respect to
the portworks projects under Presidential Decree No. 3, from Portworks
Special Fund, and/or from any of the aforementioned sources or from a
combination thereof.
Other Financing Methods.
SEC. 15. Other Financing Methods.—The provisions of
existing laws, executive orders, rules and regulations to the contrary
notwithstanding, the proceeds from the payment for reparations goods may
be used for financing projects authorized in this Decree and any Public
Works Act, including- the purchase of necessary equipment, construction
materials and supplies.
Reports.
SEC. 16. Reports.—The Department Head concerned
shall submit an accomplishment report to the President. Such report
shall include the appropriations released as of the date of said report
and the percentage of work accomplished, further work to be done to
complete the program of broad categories of public works and his
recommendations if any, for transfer of appropriations or for program
changes to be incorporated in the next Public Works Appropriations
Measure.
Effectivity.
SEC. 17. Effectivity.—This Decree shall take effect
immediately.
Done in the City of Manila, this 3rd day of June, in the year of
Our Lord, nineteen hundred and seventy-four.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
