Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BillNo.__ 2184

Introduced by Rep. Eulogio “Amang” R. Magsaysay

EXPLANATORY NOTE

Every opening of School Year, school managers and education leaders
are confronted by the shortage of school plant and facilities, notably, classrooms
and chairs. This problem substantially contributes to deteriorating quality of
Philippine education. The number of public schoo! buildings and facilities in our
country cannot meet the minimum yearly requirements for the operations of
regular classes. The steady growth of student population poses an alarming
threat to the sustainability of free public education. This situation is aggravated
by the exodus of students from private schools, who, by sheer economic
difficulties can no longer afford increases in tuition fees. The shortage is locally
remedied by the public elementary and secondary schoo! heads through double
shifts scheme, thus compromising standards of public school education. Some
Local School Boards are vigilant enough to supplement by appropriating
considerable amount out of the Special Education Fund. In spite of all these
initiatives, the shortages remain imminent.

The bill seeks to create a comprehensive School Building Program, which
will address the problem of classroom shortage. A salient feature of this bill is the
provision of — build-operate-transfer, _build-lease-transfer, _build-transfer,
rehabilitate-operate-transfer, and other contractual arrangements that will allow
the use of both government and private funds to finance the construction of
needed school buildings, This proposed measure also provides for an inter-
agency committee that shall formulate and ensure the effective implementation of
the program. The program shall further provide for the integration of all the
necessary information to ensure effective monitoring and maintenance of existing
school buildings and other facilities.

It is hoped that with the passage of this bill, class sizes will be reduced to
a manageable level for a more conducive learning environment for all, better
outcomes of teaching-learning process and continuous improvement of the
quality of our public education.

For the above mentioned reasons, approval of this bill is earnestly sought.

Eby

EULOGIO “AMANG” R. MAGSAYSAY


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )
House of Representatives

House BillNo.__2184

Introduced by Rep. Eulogio “Amang” R. Magsaysay

ESTABLISHING A PROGRAM FOR THE ACQUISITION OF SCHOOL SITES
AND THE CONSTRUCTION, MAINTENANCE, REHABILITATION, REPAIR,
AND MODERNIZATION OF SCHOOL BUILDINGS IN PUBLIC ELEMENTARY
AND SECONDARY SCHOOLS NATIONWIDE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. Title. — This Act shall be known as the “School Building
Program Act”

SECTION 2. School Building Program Objectives. — There shall be
established a comprehensive and continuing School Building Program,
hereinafter referred to as the “Program” which shall have the following objectives:

4. To provide a system for an accurate inventory of all existing public
school buildings, with proper indications as to its location, size,
capacity, condition, and compliance with basic building safety
requirements as provided for in the National Building Code, UNICEF,
UNESCO standards and other best practices in the building
construction sector;

2. To provide appropriate studies for determining the yearly school
building requirements based on projected increases in enrolment and
other appropriate indicators;

3. To provide for the effective monitoring and supervision of all school
building facilities with respect to its proper and adequate maintenance,
replacement, rehabilitation and modernization;

4. To provide a comprehensive plan for the acquisition and/or

construction of adequate schoo! buildings and facilities for all public


schools nationwide, with the aim of reducing the classroom-student
ratio to an ideal proportion, including that of Children of Special Needs
(CSNs) within a period of five (5) years upon approval of this Act;

5. To provide the mechanism, in coordination with School Division
Superintendents and School Heads, for the selection of public schools
to prioritize in the school-building projects nationwide;

6. To provide .a specific time schedule for the construction of public
‘school buildings which shall be strictly followed to prevent unnecessary
delays and backlogs;

7. To provide for necessary mechanisms which will facilitate a closer
coordination between the Department of Budget and Management,
Department of Public Works and Highways, Department of Interior and
Local Government, and the Department of Education to expedite the
implementation of the Program;

8. To formulate guidelines for the bidding procedures that will be used for
school building program including that of the contractual arrangement
schemes;

9. To provide for a definite work and financial schedule for the
construction, operation, maintenance and modernization of public
school buildings under any of the contractual arrangement schemes.

SECTION 3. Inter-Agency Committee. - There is hereby created an

Inter-Agency Committee, to be chaired by the Secretary of Education, with the
respective Secretaries of Public Works and Highways, Budget and Management,
and Interior and Local Government as members. The Committee shall formulate
he Program and ensure its effective implementation. Within one (1) year from
the approval of this Act and every year thereafter, the Committee shall submit to
both Houses of Congress a report on the implementation of the comprehensive
school building program herein established.

SECTION 4. Implementation of the Program. — Consistent with the

provisions of Republic Act No. 7880, otherwise known as the “Fair and Equitable

Access to Education Act’, the Committee shall supervise and prioritize the


acquisition and/or construction of school buildings as provided in the Program.
The Department of Education is hereby authorized to enter into contracts with
duly pre-qualified private contractors for the design and construction

management, as well as the financing, construction, operation, maintenance,

modernization of school buildings through the build-operate-transfer, build-
transfer, build-lease-transfer, rehabilitate-operate-transfer, and other contractual
arrangement schemes provided under R.A. 6957, “An Act Authorizing the
Financing, Construction, Operation and Maintenance of Infrastructure Projects by
the Private Sector and for Other Purposes”.

SECTION 5. Release of Maintenance and Other Operating
Expenditures. — For the purpose of ensuring compliance of such contractual
arrangement as may hereinafter be entered, the appropriation for the School
Building Program and for Maintenance and Other Operating Expenditures shall
be directly released to the school heads in accordance with the work and
financial schedule stipulated in the program.

SECTION 6. Appropriations. - The amount necessary to attain the
objectives of this Act shall be appropriated out of the unallocated share of the
national government in the income of the Philippine Amusement Gaming
Corporation (PAGCOR), for a period of five (5) years.

If the above amount is inadequate and insufficient, such amount as may
be necessary to augment said annual appropriations, shall be included in the
General Appropriations Act.

SECTION 7. Separability Clause. — If any provision in this Act is
declared unconstitutional, the same shall not affect the validity and effectivity of
the other provisions hereof.

SECTION 8. Effectivity Clause. — This Act shall take effect fifteen (15)

“days after its publication in the Official Gazette or in at least two (2) national

newspapers of general circulation, whichever comes earlier.

Approved,