Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1395

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.
et ECE C: oni —


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1395

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;

bJEnsure the full implementation of the projects or infrastructure intended
for barangays;


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

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

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 shalll 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 - In 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

aJThere 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:

i.Punong Barangay, as Chairman;

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

ili, Barangay treasurer;

iv.Municipal engineer; and


v.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;

CJAll 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

d)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,