SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

Introduced by Representative Rufus B.
Representative Maximo B. Rodriguez, Jr.

3285

House Bill No.
EXPLANATORY NOTE
The Constitution, Article XII, Section 12 provides:
“The State shall promote the preferential use of
Filipino labor,domestic materials and locally produced

goods, and adopt measures that help make them
competitive”.

The Government must promote and encourage the use of Philippine
made products, materials and supplies in every contract for the construction,
alteration or repair of any public building or public work

This bill seeks to achieve such goal by blacklisting contractors,
subcontractors, materiaimen and suppliers who fail to comply with such
requirements.

Therefore, urgent passage of this bill is highly recommended.

\

RUFI . RODRIGUEZ
ip

Mt

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 38285

AN ACT
REQUIRING THE USE OF PHILIPPINE MADE MATERIALS IN
CONTRACTS FOR PUBLIC WORKS AND PROVIDING FOR THE
BLACKLISTING OF CONTRACTORS VIOLATING SUCH REQUIREMENT

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. This Act may be cited as “Preference for
Philippine Materials in Public Contracts Act’.

SECTION 2. _ Declaration of Policy. - Itis the policy of the State to
promote the use of Philippine made products by requiring the use of
Philippine made materials in contracts for the construction, alteration or repair
of any public works.

SECTION 3. Definition of Terms. - As used in this Act:

(A) The terms “contractor” and “subcontractor” include any person
performing any architectural, engineering, or other services
directly related to the preparation for or performance of the
construction, alteration or repair of any public works in the
Republic of the Philippines.

SECTION 4. Requirement for the Philippine Materials. - Every
contract for the construction, alteration or repair of any public building or
public work in the Republic of the Philippines growing out of an appropriation
heretofore made or hereafter to be made shall contain a provision that in the
performance of the work the contractor, subcontractors, materialmen or
suppliers, shall use only such unmanufactured articles, materials and supplies
as have been produced in the Republic of the Philippines, and only such
manufactured articles, materials, and supplies as have been manufactured in
the Republic of the Philippines substantially all from articles, materials or
supplies mined, produced or manufactured, as the case may be, in the
Republic of the Philippines: Provided, however, That if the head of the
Government agency making the contract shall find that in respect to some


particular articles, materials, or supplies it is impracticable to make such
requirement or that it would unreasonably increase the cost, an exception
shall be noted in the specification as to that particular article, material or
supply and a public record made of the findings which justified the exception

SECTION 5. Blacklisting. - If the head of the government agency
which has made any contract containing the provision required by Section 4 of
this Act finds that in the performance of such contract there has been a failure
to comply with such provisions, he shall make public his findings, including
therein the name of the contractor obligated under such contract, and no other
contract for the construction, alteration or repair of any public building or
public work in the Republic of the Philippines or elsewhere shall be awarded
to such contractor, subcontractors, materialmen or supplies with which such
contractor is associated or affiliated, within a period of three years after such
finding is made public

SECTION 6. Separability Clause. - If any provision or part hereof, is
held invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SECTION 7. Repealing Clause. - Any law, presidential decree or
issuance, executive order, letter of instruction, administrative order, rule or
regulation contrary to, or inconsistent with, the provisions of this Act is hereby
repealed, modified or amended accordingly.

SECTION 8. Effectivity Clause. - This Act shall take effect fifteen
(15) days after its complete publication in at least two (2) newspapers of
general circulation.

Approved,