Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon C

EIGHTEENTH CONGRESS
Second Regular Session

Introduced by Representative FLORIDA “RIDA” P. ROBES

EXPLANATORY NOTE

The country’s experience with the Coronavirus Disease 2019 (Covid-19) pandemic has
shown us that despite the availability of funds to implement the projects to stem the ill-effects
of the national health emergency, project execution takes time due to certain logistical and
manpower limitations.

One classic example is Republic Act 11494 or the Bayanihan to Recover as One Act
which was signed into law by President Rodrigo Roa Duterte on September 11, 2020. The
project implementation of the measures provided in the said law was given an expiration of
only until December 19, 2020, This means that departments and other agencies only have until
the said date to implement the programs, otherwise the budgets will no longer be available to
enable the government to respond and intervene to the COVIDI9 pandemic and to spur
economic recovery

RA 11494 appropriated P140 billion to different government agencies for programs to
address the impact of Covid-19 to the health, economy and well-being of every Filipino.
However, as of October 29, 2020, only P76 billion of the P140 billion had been released to the
different implementing agencies according to the Department of Budget and Management. The
DBM explained that the releases were based on the budget requests submitted by the agency,
which would show that the agency's absorptive capacity cannot cope with the urgency of
stopping the pandemic.

As a result, bills had been filed extending the law’s validity until next year because
unless the law’s validity is extended, the government will have (o release the remaining 64



billion on or before December 19. 2020, the law’s expiration date, or the funds will revert to
the Treasury.

To prevent such tedious process, this bill seeks to give the President of the Philippines
the power to extend the validity of appropriations of projects earmarked to respond to a
national emergency for a period of not more than two (2) years subject to rules and regulations.
This will provide the necessary, stable and continuous appropriations to cover programs and
projects urgently needed to win the battle against the adverse impact of any national emergency
and consequently move the country forward towards recovery.

In view of the foregoing, the immediate approval of this bill is earnestly sought.

Rep. FLORADA “RIDA” P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 8076

Introduced by Representative FLORIDA “RIDA” P. ROBES

AN ACT
PROVIDING FOR A NATIONAL EMERGENCY RECOVERY PROGRAM

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

SECTION I. Title. —This Act shall be known as the “National Emergency Recovery
Program Act of 2020.”

SECTION 2. Declaration of Policy. — It is a declared policy of the State to promote a just
and dynami

‘ocial order that will ensure the prosperity and independence of the nation and
free the people from poverty, particularly in the aftermath of natural and man-made disasters,
through polic
standard of living, and an improved quality of life for all. Towards these ends, infrastructure

that provide adequate social services, and promote full employment, a rising

and programs for recovery efforts to address the ill-effects of national emergency, shall be
given utmost priority and ensured continuous appropriations.

SECTION 3. National Emergency. — As used in this Act, a National Emergency shall refer

to any event that constitutes an emergency that threatens national security, requiring a whole-

of-government response as declared by the President of the Philippines in order to mobilize
governmental and non-governmental agencies to respond to the threat.


SECTION 4. Extended Validity of Appropriations of Infrastructure and Other Projects
Related to Address Recovery Efforts After a National Emergency. —~ Projects carried out to
address recovery efforts after a National Emergency shall be prioritized and eligible for an
extended validity in their appropriations subject to rules and regulations but which shall not be
more than two (2) years from the time the appropriations earmarked for such project has been
enacted.

SECTION 5. Project Determination— The projects subject of this Act shall as far as
practicable be programmed by the Department of Public Works and Highways for
infrastructure and other departments or agencies with respect to other projects under their
respective jurisdiction in consultation and coordination with the Development Budget
Coordination Committee and the respective oversight committees of the Senate and the House
of Representatives: Provided, that supplemental appropriations enacted in response to a
national emergency shall be ensured an extended validity under the provisions of this Act
subject to limitations as provided for by law and this Act’s Implementing Rules and
Regulations.

SECTION 6. Reports.— The concemed Secretary or head agency shall submit bi-annually to
the President of the Philippines, the President of the Senate, the Speaker of the House of
Representatives, and the Secretary of Department of Budget and Management the
accomplishment report on projects covered in this Act, which shall include the appropriations
released as of the end of the calendar year, the extent of the works accomplished, further works
to be done. and recommendations for additional appropriations or charges thereof.

SECTION 7. Prior Approval. — The President shall thereafter evaluate the report submitted
‘ct implementation and shall thereafter allow or
disallow the extended validity of the project before the end of each fiscal year: Provided, the
extension of the validity shall not be for more than two years after the project’s appropriations

by the department concerned on the p

was enacted.

No extended validity of project appropriations under this Act shall be implemented without
the prior approval of the corresponding program of work by the President of the Philippines in
close coordination with the department secretary or his/her duly authorized representative
under which such program is implemented or executed.


SECTION 8. Participation of Local Government Units. For projects under the purview of
the Department of Public Works and Highways (DPWH). the same may be implemented by
provinces, cities, municipalities or barangays, upon the request of the member(s) of Congress
concerned, under the categories of local roads and other public works in this Act: Provided,
that these local government units have the

apability to implement such projects.

SECTION 9. Public Bidding. — Unie:
this Act shall be implemented by contract awarded after competitive public bidding open to all
qualified bidders and shall be awarded to the bidder who submits the lowest evaluated bid that
is most advantageous to the government based on existing laws and regulations.

otherwise provided by law, all projects covered under

SECTION 10. Negotiated Contracts. No project in this Act shall be implemented by
negotiated contract except those authorized by the President to respond to a national
emergency subject to rules and conditions to be provided in this Act's Implementing Rules
and Regulations.

SECTION 11. Prohibited Acts. — Any government official, employee or anyone working
in conspiracy with the same who shall cause the intentional delay in the implementation of the
project covered by this Act or submit any false or fraudulent report on the status thereon shall
be penalized with imprisonment of not less than twenty (20) years and a fine of Ten Million
Pesos (P10,000,000.00), with perpetual disqualification from holding any public office and a
forfeiture of his/her retirement benefits.

SECTION 12. Separability Clause. — If any provision of this Act is declared unconstitutional
or invalid, other parts or provisions hereof not affected thereby shall continue to be in full force
and effect.

SECTION 13. Repealing Clause. — All laws, decrees, orders, rules, and regulations or parts
thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 14. Effectivity Clause. — ‘This Act shall take effect fifteen (15) days following its
complete publication in at least two (2) national newspapers of general circulation.

Approved.