Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

H. B. No. 645

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The Department of Education (DepEd) budget had the biggest share of the national
budget at P158.2 billion for 2009, however, it still did not meet the budgetary standard for
education set by the United Nations Educational, Scientific and Cultural Organization
(UNESCO), which is 6% of a country’s Gross Domestic Product (GDP). As it stands, the
classroom backlog is severe. Many towns throughout the country do not have a public high
school where school-aged children can study. Numerous barangays do not have public
elementary schools. The lack of classrooms and schools makes going to school more costly for
parents ~ and less feasible.

With the School Building Act of 2010, we expect to refocus the DepED budget back to
basics in order to provide basic, accessible and affordable education to our countrymen, And
with innovative building schemes such as Build-Operate-and-Transfer and through partnerships
with the private sector and local government units, additional funds could be sourced in order to
ease the severe and critical classroom backlog.

The bill provides for an Emergency School building fund amounting to 15 billion pesos,
which will be released and utilized for a period of five years. The Five-Year Schoo! building
Program targets to eliminate the classroom shortages for a definite period of time.

For the abovementioned reasons, the immediate approval of this bill is earnestly sought.

“ JUAN EDGARDO “SONNY” M. ANGARA
Represehfative
Lone District, Province of Aurora



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

Gio. O48

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
PROVIDING FOR A FIVE-YEAR EMERGENCY SCHOOL BUILDING PROGRAM,
APPROPRIATING FUNDS THEREFOR,

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

SECTION 1. Short Title. This Act shall be known as the “School Building Act of
2010."

SEC. 2. Declaration of Policy. It is the declared policy of the State to establish,
maintain, and support a complete, adequate and integrated system of education relevant to the
needs of the people society. Towards this end, it is imperative that there be a complete
elementary school in every barangay and a complete high school in every town, in order that
primary and secondary education be made available and accessible to all citizens in all
geographical areas of the country.

In the choice of location of school buildings, the economic principle of comparative
advantage shall always be adhered to.

SEC. 3. Implementing Agency. For purposes of this Act, the Department of Education
(‘DepED’) shall undertake the construction of the following:
(1) Fifteen thousand (15,000) additional classrooms every year for a period of five years,
in order to address the classroom backlog in various parts of the country;
(2) One elementary school for every barangay which does not have a public elementary
school at the time of passage of this Act; and
(3) One high schoo! for every town, which does not have a public high school at the time
of passage of this Act

Provided, that the DepED shall undertake the construction of new school buildings,
rehabilitation, replacement, completion and repair of school buildings which targets the current
backlog as defined in the National Inventory of School building shortage. Provided, further, that
the DepED shall finish the construction, rehabilitation, and repair of schoo! buildings under this,
Act within five years from the passage hereof


SEC. 4. Schoo! Building Mapping. The DepED shall undertake a nationwide annual
inventory of school buildings which will determine the extent of shortage of classrooms in each
division including those which are funded by the local government units, private sector and
national government. The DepED shall develop a school building construction workplan for a
period of five years which will include the priority areas for construction, rehabilitation and repair
of school buildings for the next five years as well as the budgetary requirements needed to
implement the work plan.

SEC. 5. Simplified Public Bidding. The construction, repair, rehabilitation,
improvement, or maintenance of schoolbuildings under this Act shall follow the Commission on
Audit (COA) rules on simplified public bidding.

SEC. 6. Other Schoo! Building Construction Schemes. The Government shall also
encourage the construction of schoo! buildings under this Act through other viable schemes for
the construction of school buildings such as build-operate-transfer, build-transfer and other
schemes that will fast-track the construction of schoolbuildings

SEC. 7. Monitoring and Evaluation. An Oversight Committee composed of the
Secretary of Education as Chairman, the Chairmen of the Senate and House Committees on
Education as Co-Vice Chairmen, and the heads of the Bureau of Secondary Education ("BSE")
and Bureau of Elementary Education ("BEE"), and the Regional Directors of DepED shall
monitor the implementation of this Act; Provided, that the Oversight Committee shall meet
quarterly to determine areas in critical need of additional classrooms and schoolbuildings.

The DepED shall establish School Building Task Force at the central, regional and
division offices to monitor the construction of the school buildings so as to ensure that the
buildings meet the minimum requirements and standards set by the DepED.

SEC. 8. Exemption from Election Ban. The repair, maintenance and rehabilitation of
schoolbuildings as well as BOT schoolbuilding projects shall be exempted from the scope of the
election ban on public works

SEC. 9, Local Government Unit Participation. DepED shall coordinate with the local
government units (LGUs") where the school buildings shall be located, in order to identify
priority locations that take into account the number of schoolage children without access to
adequate public school facilities.

Construction of schoolbuildings and classrooms shall be a priority investment of the
LGUs which shall provide a counterpart of not less than ten percent (10%) of the project cost
subject to their IRA level


SEC. 10. Private Sector Participation. Private individuals, corporations, foundations
and civic societies (the “Private Proponent") may undertake the construction of school buildings
or classrooms in an area within the Region which the Oversight Committee designates as
deficient in school buildings and classrooms. The Private Proponent may apply in payment of
taxes due from it to the government an amount equivalent to 100% of the school building and
classroom construction works it may have undertaken with the prior approval of the Oversight
Committee under such terms and conditions as the Oversight Committee may determine and in
consultation with other government agencies concemed, provided that:
(i) the title to all such construction works shall, upon completion, be transferred to the
Philippine Government; and

(ii) should the Private Proponent undertake necessary and major maintenance work on
school buildings and classrooms with the prior approval of the Oversight Committee,
a similar incentive shall be given to it in an amount equivalent to the cost of such
necessary maintenance.

Provided, that in cases where the Oversight Committee may certify that construction of
School buildings or classrooms, or the rehabilitation thereof is urgently needed in specific areas,
the Private Proponent undertaking the construction or rehabilitation may apply in payment of
taxes due from it to the government an amount equivalent to 200% of the construction work it
may have undertaken with the prior approval of the Oversight Committee.

SEC. 11. Emergency School Building Fund. An amount of Fifteen Billion Pesos
(P15,000,000,000) shall be set aside for the Emergency School Building Fund which shall be
used for classroom construction, repair and rehabilitation for a period of five years as mandated
by this Act. An initial amount of Three Billion Pesos (P3,000,000,000) shall be released to the
DepED on the first quarter of the calendar year following the year of the effectivity of this Act,
including its notice of cash allocation to administer the program. Provided, that the Emergency
School Building Fund shall be utilized without prejudice to the annual DepED capital outlay
provided under the General Appropriations Act. Provided further, that the appropriations
provided for in this Act shall be used only during the five-year period of the implementation of
this Act. Provided, finally, that after the five-year period, the funding for the school building
program, which targets annual incremental increase in enrolment, shall be taken from the
regular DepED capital outlay.

SEC. 12. Use of Appropriation. The Oversight Committee shall define the guidelines
on how to allocate the Emergency School Building Fund equitably throughout the country.
Provided that the primary objective in the use of any allocation shall be to eliminate classroom
shortages in a period of five years

SEC. 13. Filing of Report. The Secretary of Education shall file with the Office of the
President of the Philippines and with the Senate and House of Representatives a detailed report
‘on the progress of construction of school buildings and classrooms on May 15" of each year.

3


SEC. 14. Implementation. The Secretary of Education in coordination with the
Department of Budget and Management is hereby directed to promulgate rules and regulations

necessary for the immediate implementation of this Act.

SEC. 15. Separabilitv Clause. If, for any reason, any part or provision of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected thereby shall
remain in full force and effect.

SEC. 16. Repealing Clause. All laws, presidential decrees, executive orders and letters
of instruction contrary to or inconsistent with this Act are hereby repealed or amended
accordingly

SEC. 17. Effectivity Clause. This Act shall take effect upon its publication in two (2)
newspapers of general circulation.

Approved,