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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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s. No. 
Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
The Department of Public Works and Highways is the national agency which 
coordinates the planning, engineering and actual construction of major road and 
flood control projects with both national and local agencies. 
Unfortunately, it has acquired the dubious distinction of being one the most 
Graft in the DPWH have been 
Scarce public funds are stolen and/or wasted in 
corrupt departments of Philippine bureaucracy. 
institutionalized for generations. 
the implementation of infrastructure projects. 
What makes DPWH corruption worse is the fact that projects are not only 
overpriced but are also poorly built. Oftentimes, the projects fail to meet government 
engineering and safety requirements resulting in the substandard construction of 
infrastructure. 
The country simply cannot afford the kind of infrastructure being built by 
DPWH which may last for only a few years until the government is forced to repair 
and/or rehabilitate the dilapidated project. 
This bill seeks to declare as prima facie evidence of graft and corruption, all 
substandard infrastructure projects of the government, entered into by the DPWH 
and/or any other government agency, amending for the purpose the Anti-Graft and 
Corrupt Practices Act. 
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SERGIO OSMENA 111 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
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Introduced by Senator S. R. OsrneAa 111 
AN ACT 
DECLARING AS PRIMA FACIE EVIDENCE OF GRAFT AND CORRUPTION, 
INFRASTRUCTURE PROJECTS BELOW THE PRESCRIBE 
STANDARDS 
OR SPECIFICATIONS, AMENDING FOR THE PURPOSE REPUBLIC ACT 
NUMBERED THIRTY HUNDRED NINETEEN, OTHERWISE KNOWN AS THE 
PURPOSES 
"ANTI-GRAFT AND CORRUPT PRACTICES ACT", AND FOR OTHER 
Be if enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 
1. 
Section 3 of the Anti-Graft Practices Act is hereby 
2 amended by adding a new subsection (I), to read as follows: 
3 
"SEC. 3. Corrupt Practices of public officers. - In addition to acts or 
4 
omissions of public officers already penalized by existing law, the following 
5 
shall constitute corrupt practices of any public officer and are hereby 
6 
7 
8 
9 
10 
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13 
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declared to be unlawful: 
'IX x x" 
"(L) 
CERTIFYING 
AS 
COMPLETE 
INFRASTRUCTURE 
PROJECTS THAT ARE BELOW THE PRESCRIBED STANDARDS AND 
SPECIFICATIONS 
STIPULATED 
IN THE CONTRACT, OR ANY 
RELATED LAW, RULE OR REGULATION. 
"ALL GOVERNMENT INFRASTRUCTURE PROJECTS WHICH 
HAVE BEEN CONSTRUCTED NOT IN ACCORDANCE WITH THE 
SPECIFICATIONS AND BELOW THE STANDARDS PRESCRIBED BY 
THECONTRACT, OR ANY RELATED LAW, RULE OR REGULATION 


1 
SHALL BE PRlMA FACIE EVIDENCE OF GRAFT AND CORRUPTION. 
2 
THE 
CIRCUMSTANCES 
HEREIN 
ABOVE 
MENTIONED 
SHALL 
3 
CONSTITUTE 
A 
VALID 
GROUND 
FOR 
THE 
PREVENTIVE 
4 
SUSPENSION OF THE PUBLIC OFFICIAL OR EMPLOYEE WHO 
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CERTIFIED TO THE COMPLETION OF THE INFRASTRUCTION 
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amended to read.as follows: 
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P RO J ECT . ” 
SEC. 2. Section 9 of the Anti-Graft and Corrupt Practices Act is hereby 
“S E C . 9. Penalties for violations. - x x x 
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“(C) ANY PUBLIC OFFICIAL OR EMPLOYEE VIOLATING 
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SECTION 3 (L) OF THIS ACT SHALL BE PUNISHED BY A FINE OF NOT 
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LESS THAN FIVE HUNDREDS THOUSAND PESOS (P500,OO.OO) BUT 
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NOT MORE THAN FIVE MILLION PESOS (P5,000,000.00) AND BY 
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IMPRISONMENT OF NOT LESS THAN TWO (2) YEARS AND ONE (1) 
15 
DAY NOR MORE THAN SIX (6) YEARS, AT THE DISCRETION OF THE 
1 G  
COURT. SUCH PUBLIC OFFICIAL OR EMPLOYEE SHALL, IN 
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ADDITION 
TO 
THE 
PENALTIES 
PROVIDED 
HEREIN, 
BE 
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PERMANENTLY DISQUALIFIED FROM HOLDING ANY ELECTIVE OR 
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APPOINTIVE POSITION IN GOVERNMENT. 
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ANY PRIVATE INDIVIDUAL VIOLATING SECTION 3 (L) OF THIS 
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ACT SHALL BE PUNISHED BY A FINE EQUAL TO THE CONTRACT 
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PRICE OF THE INFRASTRUCTURE PROJECT SUBJECT OF THE 
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VIOLATION OR BY IMPRISONMENT OF NOT LESS THAN SIX (6) 
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YEARS AND ONE (1) DAY NOR MORE THAN TWELVE (12) YEARS, AT 
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THE DISCRETION OF THE COURT. HE SHALL, IN ADDITION TO THE 
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PENALTI ES PROM DED H ERE1 N, BE PERPETUALLY Dl SQ UALl FI ED 
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FROM BIDDING FOR AND IMPLEMENTING ANY GOVERNMENT 
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CONTRACT.” 
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SEC. 3. All laws, decrees, executive order and issuances inconsistent 
herewith are hereby repealed, amended or modified accordingly. 
SEC. 4. This Act shall take effect fifteen (15) days following its complete 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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