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FOURTEENTH CONGRESS OF THE REPUBLIC 
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First Regular Session 
1 
OF THE PHILIPPINES 
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S. No. 2035 
Introduced by Senator Benigno S. Aquino 111 
EXPLANATORY NOTE 
The government owes its taxpayers the guaranty that all its 
expenditures of public funds will redound to their maximum benefit 
without incurring any redundant or superfluous costs. 
The prevailing system induces contractors to come up with 
projects that meet only the barest of criteria because their obsolescence 
promotes the possibility of another contract. The contractor will see its 
future profits emanating from projects that have lasted only for the 
duration of the warranty period. 
Under this situation, the general public will be prejudiced twice: 
First, when their right to the continued and uninterrupted use of the 
infrastructure is interrupted; and second, when the public funds are 
again used for the repairs, maintenance works and/or replacement of 
infrastructures that did not meet its nominal life expectancy. 
This bill seeks to correct this unwarranted situation by raising the 
standards in the construction of all public infrastructures. Under this 
ptoposed legislation, the contractor’s strict observance to plans and 
specifications assures him of maximizing profits. No additional costs will 
accrue on his part if the project he finished is compliant with established 
government standards. The contractor’s profits thus depend largely on 
the quality of their work. Conversely, the more expenses for repairs, 
maintenance and replacement of the infrastructure projects, the less 
profit for the contractors. 
Accordingly, both the public as well as the contractors mutually 
benefit from this proposal as proper construction of the project will 
assure them of maximizing profits and in turn the public continuously 
uses 
the 
infrastructure without 
the 
unnecessary 
delay 
and 
inconvenience caused by faulty and defective infrastructure. 
It is for the above reasons, t 
earnestly requested. 


FOURTEENTHCONGRESSOFTHEREPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Benign0 S. Aquino 111 
AN ACT 
REQUIRING THE REGULAR MAINTENANCE AND PRESERVATION OF 
ALL PUBLIC INFRASTRUCTURES, ESTABLISHING MECHANISMS 
FOR ITS IMPLEMENTATION, 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 “Public Works 
Reform Act of 2008.” 
SEC. 2. Declaration of Policy. - 
I t  is the policy of the State to 
ensure the continued and uninterrupted use of all public infrastructures 
in order to promote the best interests of the general public. Towards this 
end, the State shall establish an effective mechanism for the efficient 
maintenance and preservation of all public infrastructures and when 
demanded by the situation, provide for the immediate replacement of the 
public infrastructure with the end in view of maximizing its utility at no 
extra costs. 
SEC. 3. Definition of Terms. - For purposes of this Act: 
(a) Public 
Infrastructure means any infrastructure built 
or 
constructed through public funds. 
(b) 
Maintenance works means any work necessary to keep the 
infrastructure in conformity to the prescribed design and performance 
standards, plans and specifications. 
(c) 
Regular and Periodic Inspection means the systematic and 
regular examination of the public infrastructure which shall not be less 
than twice (2) a year to be conducted by the Bureau of Maintenance (or 
the “Bureau”) of the Department of Public Works and Highways (DPWH) 
for purposes of determining the state and condition of the infrastructure 
versus the plans, specifications and intended lifespan of 
the 
infrastructure. 
(d) 
perform any public infrastructure project. 
Contractor means any private entity awarded or contracted to 
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(e) 
Proponent means any agency of the National Government, its 
departments, bureaus, offices and agencies including government owned 
and controlled corporations and Local Government Units undertaking 
any public infrastructure project whether through bidding or any other 
modes allowed by law. 
SEC,4. Conditions for the award of an infiastructure project. - In 
addition to the legal requirements on contractors awarded any public 
infrastructure project, the following conditions shall be included in any 
contract or agreement covering the construction of 
any public 
infrastructure. That: 
(a) The contractor shall undertake all necessary repair, 
maintenance and preservation works on the infrastructure or when 
determined by the Bureau to replace the same at its expense and within 
the time period herein provided. 
(b) The contractor shall post a performance bond, in such 
amount as determined by the DPWH in consultation with the proponent 
to be sufficient to cover any repair, maintenance for the entire life of the 
infrastructure as well as the possible replacement thereof and such bond 
shall be renewed annually. The bond shall be secured from a bonding 
company of good standing as certified by the Insurance Commission and 
duly accredited by the DPWH .and shall remain in effect during the 
projected life of the infrastructure. 
SEC.5. Regular and Periodic Inspection. - The Bureau of 
..Maintenance shall conduct a regular and periodic inspection of the 
public infrastructure or whenever requested by the proponent. The result 
of the inspection shall be in the form of a written report and shall be 
available to the public. 
SEC. 6. Contested Report. - In the event the report of the Bureau 
is contested by either or both the Proponent and the Contractor, the 
Bureau of Maintenance may conduct another inspection in their 
presence. The findings of the Bureau shall be appealable to the Secretary 
of the DPWH within fifteen (15) days from the issuance or receipt of the 
findings. The Secretary of the DPWH shall render a decision within thirty 
(30) days from receipt of the appeal which shall be final and executory. 
SEC. 7. Repair, Maintenance and Replacement. - All necessary 
repairs, maintenance and preservation works including the replacement 
of the infrastructure shall commence within a reasonable time as 
determined by the Bureau or the Secretary of the DPWH but in no case 
beyond thirty (30) days from notice to the contractor to do any of the 
above undertakings. Unless, for reasons of force majeure or fortuitous 
event and an extension is requested by the contractor and approved by 
the Bureau or the Secretary of the DPWH, all works required to be done 
shall be completed within the period set by the Bureau or the Secretary 
of the DPWH. A schedule of work and timetable shall be issued by the 
Bureau or the Secretan of the DPWH to prevent unwarranted disruption 
or inconvenience to the general public. 
SEC. 8. Penalties. - Unjustified failure by 
commence and complete the necessary repairs, 
the contractor to 
maintenance and 
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preservation works or its replacement within the periods specified in 
Section 7 above shall be sufficient grounds for the immediate forfeiture 
by the Bureau of the performance bond in favor of the proponent. The 
proceeds thereof shall be earmarked by the proponent for the repair, 
maintenance and replacement of the infrastructure project for which the 
bond was posted. 
Additionally, any and/or all of the Contractors officers as well as 
their assigns and transferees, shall be permanently disqualified from 
undertaking any public infrastructure projects without prejudice to any 
other actions that may be instituted against them individually or 
solidarily under existing laws. 
SEC. 9. Implementing Rules and Regulations. - A committee 
composed of one (1) representative each from the Department of Public 
Works and Highways (DPWH) who will act as the chairman, the 
Department of Interior and Local Governments (DILG), the Department of 
Finance (DOF) and the National Economic and Development Authority 
(NEDA) shall within sixty [60] days from the effectivity of this Act, 
formulate and prescribe the necessary rules and regulations to 
implement and carry out the provisions of this Act. 
SEC. 10. Separability Clause - If any provision of this Act shall 
be declared unconstitutional, the other provision not affected thereby 
shall remain in full force and effect. 
SEC. 11. Repealing Clause 
- 
All laws, decrees, issuances, 
orders, rules and regulations, or parts thereof inconsistent with this Act 
are hereby repealed or amended accordingly. 
SEC. 12. Effectivity - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
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