Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. ___ 446

Introduced by HON. FLORENCIO C. GARAY

EXPLANATORY NOTE

This bill seeks to authorize barangays to implement the programs
and projects funded by the Priority Development Assistance Fund (PDAF)
amounting to a maximum of Three Hundred Thousand Pesos.

The Constitution provides that the State shall ensure the
autonomy of local government units. A way of achieving such autonomy
is to entrust into the hands of such local government units, especially
the barangays, the right to plan for their growth and economic
development. Under the Local Government Code, barangays are likewise
empowered to enforce the laws, maintain public order, ensure delivery of
basic services and promote the general welfare.

With the authority to implement the projects and activities
provided under the Priority Development Assistance Programs, the
barangays can be fully utilized as effective partners in the pursuit of
national development and social progress.

In view of its national and local importance, the approval of this

bill is earnestly sought.
Horencio! oa


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

or" 446
HOUSE BILL NO.

Introduced by HON. FLORENCIO C. GARAY

AN ACT
AUTHORIZING BARANGAYS AS THE IMPLEMENTING AGENCIES FOR
PRIORITY DEVELOPMENT ASSISTANCE PROGRAMS AND PROJECTS
UP TO A MAXIMUM OF THREE HUNDRED THOUSAND PESOS
(P300,000.00) AND FOR OTHER PURPOSES

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

SECTION 1. Short title. - This Act shall be known as the
“Barangay Empowerment Act of 2010”.

SECTION 2. Statement of Policy. - Pursuant to the policy of
local autonomy, the State shall enable local government units (LGUs) to
develop as self-reliant communities and effective partners in the
attainment of national goals. Towards this end, the state shall provide
for a more responsive and accountable local government structure
whereby the barangays are given more powers, authority, responsibilities
and resources to participate actively in the implementation of programs
and projects.

SECTION 3. Objectives. The objectives of this Act are as follows:

a Decentralize the management of funds intended for
projects of the barangay to prevent the delay in the
implementation thereof;

b) Ensure the full implementation of the projects or
infrastructure intended for barangays:


to) Bring about maximum efficiency in the
implementation and maintenance of projects;

a Promote coordination and cooperation between and
among LGUs in the development of their respective
localities; and

CO) Ensure the proportional allocation and distribution of
public works funds intended for projects of each
barangay.

SECTION 4. Scope of Application. - This Act shall apply to

all barangay-based infrastructure projects funded by the Priority
Development Assistance Fund (PDAF) the amount of which shall not be
more than Three Hundred Thousand Pesos (P300,000.00).

SECTION 5. Authority- For purposes of _ infrastructure
projects mentioned in the preceding section, barangay officials shall
likewise be given the authority to decide on the design, plan,
specification and procurement of the equipment and materials necessary
to implement the project: Provided, That such design, plan and
specification and procurement of the equipment and materials shall
comply with existing laws, standards and regulations;

SECTION 6. Barangay Supervision - The planning,
implementation and coordination of the infrastructure projects shall be
under the supervision of the barangay where the particular public works
project is assigned.

SECTION 7. City or Municipal Engineer = - ~—sIn_ case a
barangay concerned has no technical capacity to undertake the
infrastructure project, the city or municipal engineer shall take charge of
the implementation thereof.

SECTION 8. Barangay Prequalification, Bids and Awards
Committee -

a) There is hereby created a Barangay Prequalification, Bids
and Awards committee, hereinafter referred to as the
committee, in every barangay which shall be primarily
responsible for the conduct of prequalification of contractors,
bidding, evaluation of bids and the recommendation of
awards concerning barangay infrastructure projects.


‘The Committee shall be composed of the following:

Punong Barangay, as Chairman;

ii, Chairman of the appropriate committee of the
sangunniang barangay;

iii, | Barangay treasurer;

iv. Municipal engineer; and

ve Two (2) representatives of non-governmental

organizations, as members

Representatives from the Commission on Audit shall observe the
proceedings of such Committee and shall certify that the rules and
procedures for prequalification, bids and awards have been complied;

b) The agenda and other information relevant to the meeting of
such Committee shall be deliberated upon at least one (1)
week before the holding of such meeting;

ro] All meetings of the Committee shall be held in the city or
municipal hall where the barangay is located. The minutes
of the meeting and any decision made therein shall be duly
recorded and posted at a prominent place in the
municipality or barangay hall; and

dd) The bidding process, posting of mandatory notices and other
requirements provided for by pertinent laws, rules and
regulations shall be strictly observed.

SECTION 9. Local Technical Committee - The chairman of
the city or municipal Local technical Committee shall be present in all
the meetings of the Committee to give advice and to supervise the
proceedings of the meeting.

SECTION 10. Audit- The barangay officials and other
accountable officers who are involved in the project shall be subject to
government auditing rules and regulations.

SECTION 11. _ Implementing rules and regulations - Within
sixty (60) days from the effectivity of this Act, the Department of the
Interior and Local Government (DILG) shall, in coordination with the
Department of Budget and Management (DBM) and other concerned
agencies, promulgate the necessary implementing rules and regulations.


SECTION 12. Effectivity - | This Act shall take effect
fifteen (15) days after its publication in at least two (2) national
newspapers of general circulation.

Approved,