Gay Senate

xy re of the Seccetary
SIXTEENTH CONGRESS OF THE REPUBLIC BMD aye

OF THE PHILIPPINES
First Regular Session

43° QE 11 P2225

SENATE :
RECEIVED BY:

Senate Bill No._2014

INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA

EXPLANATORY NOTE

The Constitution, Article XI, Section 12 provides:

“The State shall promote the preferential use of Filipino
labor, domestic materials and locally produced goods, and
adopt measures that help make them competitive”.

The Government must promote and encourage the use of Philippine made
products, materials and supplies in every contract for the construction, alteration
or repair of any public building or public work

This bill seeks to achieve such goal by blacklisting contractors,
subcontractors, materialmen and suppliers who fail to comply with such
requirements.

Therefore, urgent passage of this bill is highly recommended.

jOY EJERCITO ESTRADA
Senator


Senate

Uther of the Secretary

SIXTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES
First Regular Session ) 43° DEC 11 P2:25
SENATE RECEIVED BY: \-.

Senate Bill No, 2014

INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA

AN ACT
REQUIRING THE USE OF PHILIPPINE MADE MATERIALS IN CONTRACTS
FOR PUBLIC WORKS AND PROVIDING FOR THE BLACKLISTING OF
CONTRACTORS VIOLATING SUCH REQUIREMENT

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

SECTION 1. Short Title. This Act may be cited as “Preference for
Philippine Materials in Public Contracts Act”.

SEC. 2. _ Declaration of Policy. - It is the policy of the State to
promote the use of Philippine made products by requiring the use of Philippine
made materials in contracts for the construction, alteration or repair of any public
works.

SEC. 3. Definition of Terms. - As used in this Act, the terms
“contractor” and “subcontractor” include any person performing any architectural,
engineering, or other services directly related to the preparation for or
performance of the construction, alteration or repair of any public works in the
Republic of the Philippines.

SEC. 4. Requirement for the Philippine Materials. - Every contract
for the construction, alteration or repair of any public building or public work in the
Republic of the Philippines growing out of an appropriation heretofore made or
hereafter to be made shall contain a provision that in the performance of the work
the contractor, subcontractors, materialmen or suppliers, shall use only such
unmanufactured articles, materials and supplies as have been produced in the
Republic of the Philippines, and only such manufactured articles, materials, and
supplies as have been manufactured in the Republic of the Philippines
substantially all from articles, materials or supplies mined, produced or
manufactured, as the case may be, in the Republic of the Philippines: Provided,
however, That if the head of the Government agency making the contract shall
find that in respect to some particular articles, materials, or supplies it is
impracticable to make such requirement or that it would unreasonably increase
the cost, an exception shall be noted in the specification as to that particular
article, material or supply and a public record made of the findings which justified
the exception.


SEC. 5. Blacklisting. - \f the head of the government agency which has
made any contract containing the provision required by Section 4 of this Act finds
that in the performance of such contract there has been a failure to comply with
such provisions, he shall make public his findings, including therein the name of
the contractor obligated under such contract, and no other contract for the
construction, alteration or repair of any public building or public work in the
Republic of the Philippines or elsewhere shall be awarded to such contractor,
subcontractors, materialmen or supplies with which such contractor is associated
or affiliated, within a period of three years after such finding is made public.

SEC. 6. Separability Clause. - If any provision or part hereof, is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 7. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,