Resolution of Both Houses No. 2“Resolution of Both House Proposing Amendments to Certain Economic Provisions of the 1987 Constitution of the Republic of the Philippines, Particularly on Articles II, XIV and XVI”
Good afternoon to all of you, Mr. Speaker and distinguished colleagues of the 18th Congress House of Representatives.
Today, we stand at a defining juncture in our history because we have voted on a historic legislative measure that proposes amendments to the cornerstone of our laws and democracy – the 1987 Constitution of the Philippines.
For the record, Mr. Speaker, this Representation will submit to the Committee in Rules my full and detailed explanation of vote on Resolution of Both Houses No. 2 and I earnestly request that the same be inserted into the records of the House of Representatives as a testament of our stand on this critical measure. But for now, in front of my colleagues and the Filipino people, let me just state my brief manifestation why I voted NO to this resolution.
Mr. Speaker, this Representation recognizes the need to further liberalizing our economy to welcome foreign capital, but that said act should not be done haphazardly for reasons that must be understood by the Filipino people. Let me briefly state some:
ONE, according to established and published data of the World Bank’s “Global Investment Competitiveness Report 2017-2018,” foreign ownership is not a critical issue among foreign investors. In fact, the top 2 affecting factors are 1) political stability and security and 2) legal and regulatory environment.
Ang una, Mr. Speaker, ay nakakaapekto sa economic policies ng bansa. Kung ano ang pananaw ng liderato sa gobyerno, iyon ang direksyon ng mga batas na ipinapasa natin. Investors base their decisions on business forecasts and feasibility studies founded on present economic rules of the country; then suddenly, with the change of leadership, said rules and policies will abruptly change. Para pong nagpalit ng kabayo o ng sasakyan sa gitna ng laban. Lubhang hindi kaaya-aya para sa mga dayuhang namumuhunan.
The second factor speaks of the ease of doing business in the country. We have to examine and work harder to address our system’s propensity for corruption, our exorbitant energy costs and our abundance in red tape in the course of business processes. It usually takes months, if not years, to complete the paper works required of our foreign investors! This is a more urgent concern, if you ask me, and can be addressed by establishing a “one-stop-shop” system for foreign investors. Mas madali po itong pag-usapan, Mr. Speaker, at mas madaling solusyunan.
SECOND reason, Mr. Speaker: I believe that this legislation is anti-Filipino investors and entrepreneurs. Opening our economy to foreign participation must have a healthy balance between taking advantage of the availability and willingness of foreign capital to enter our economy at one hand AND safeguarding our national patrimony, security and interest on the other hand. In fact, economic superpowers such as the United States, Canada, and Japan have achieved economic growth while protecting their domestic entrepreneurs, even assisting them to thrive in their own territory.
Giving full foreign ownership to major industries in the country such as power, transportation, and communication is unpatriotic. This resolution is an unpatriotic policy that is tantamount to selling our country to foreigners and subjecting our citizenry to the authority of foreign institutions. Hind po natin dapat payagan ito.
THIRD, Mr. Speaker, let me state for the record that, for me, the catch phrase “unless otherwise provided by law” – which was inserted into certain economic provisions in Articles II, XIV and XVI of the 1987 Constitution – is fraught with danger and potential abuse. For this Representation, Mr. Speaker, it simply puts Congress over the Constitution rather than the other way around. Hindi kailanman dapat mas tumaas ang Kongreso sa Konstitusyon ng bansa. Hindi kailanman dapat mas tumaas ang posisyon ng Kongreso sa boses ng bawat mamamayang Pilipino. We must not add any provision in the Constitution that will give Congress a blanket power and prerogative to spell economic policies at its whims.
LASTLY, Mr. Speaker, and I close, if the intention is to provide for subsequent amendments of the Constitution, I believe that it is best achieved through a Constitutional Convention and not through congressional or legislative fiat. The former will allow its members to have the sole and solemn duty of reviewing and proposing amendments to the Constitution; while the latter will potentially pave the way for interests other than those beneficial to the Filipino people to creep and be engraved into the letters of the Constitution.
History has its eyes on us, Mr. Speaker. Kung tayong mga kinatawan sa Kongreso ay mag-iisip lang ng sarili nating kapakanan, napakadali pong mag-YES sa resolution na ito. We can jsut close our eyes and simply approve this resolution. Why? Because this gives unlimited power to Congress. Imagine, we can modify economic policies anytime without having to go through the scrutiny of a Constitutional Convention.
Pero pinaalalahanan ko po ang bawat isang bumoto ngayong araw na ito – kasaysayan ang sa ati’y huhusga, at ang mga susunod na henerasyon ng ating bayan ang magdudusa dahil maling-maling ibenta ang kapakanan ng bayan sa mga dayuhan.
Dahil po sa mga paniniwala kong ito, ako po ay bumoto ng NO sa resolusyong ito.
Again, Mr. Speaker, I will submit my thorough explanation of vote on this measure and I request that such be inserted into the records as an addition to this manifestation.
In reaction to the country’s recent inclusion to the grey list of Paris-based dirty money watchdog Financial Action Task Force (FATF), CIBAC Party-List lawmaker House Deputy Speaker Bro. Eddie Villanueva called on Congress to immediately pass the bill which seeks to amend the decades-old bank secrecy law.
House Bill 8991 seeks to amend Republic Act 1405, otherwise known as “The Secrecy of Bank Deposits” law, by promoting transparent governance and installing anti-corruption mechanisms in the operation of banks. The proposed bill specifically authorizes the Bangko ng Sentral ng Pilipinas (BSP) to inquire into or examine bank deposits in the course of its investigation of closed banks, in such instances when there is reasonable ground to believe that fraud, serious irregularity, or unlawful activity has been committed.
“With the rapid technological advancement in our banking sector, we should now amend our existing bank secrecy law to give powers to the BSP to inquire into the nature of bank deposits to prevent corruption, money-laundering and even terrorist financing. Our existing legal framework not only benefits and encourages those unscrupulous individuals to use the confidentiality of bank deposits as cloak for their fraudulent acts, it also damages the integrity of our country in the international financial markets. This weakness discourages foreign investment in the Philippines and increases the cost of cross border business transactions,” Deputy Speaker Villanueva explained.
“It will also undermine the reforms we have put in place. We cannot allow this. This should stop. Congress should immediately pass the amendment to the bank secrecy law. This is an important step to boosting investor and business confidence in the economy,” the CIBAC lawmaker concluded.
CIBAC Party-List lawmakers House Deputy Speaker Bro. Eddie Villanueva and Domeng Rivera welcome the initiative of the Philippine National Police (PNP) leadership to crack the whip on policemen who engage in extramarital affairs.
PNP Chief General Guillermo Eleazar has warned policemen who have mistresses that having extramarital affairs is a violation of their code of ethical standards, and he will not hesitate to impose sanctions against them if allegations are proven.
“I would like to commend PNP Chief Guillermo Eleazar for denouncing marital infidelity among the members of our national police. Indeed, the initiative of the PNP leadership to protect the interest of Filipino families by sanctioning marital infidelity is a policy in the right direction,” says Deputy Speaker Villanueva.
“It will not only restore the respect and moral ascendancy of our policemen, but it will also save our law enforcers from a lifestyle which causes and forces them to commit acts of corruption. Most of all, denouncing marital infidelity will lead the police away from committing such an act that is abominable to God, thus saving our uniformed personnel from the wrath of God,” adds the CIBAC lawmaker.
“To complement this PNP effort, we also call on Congress to immediately pass the bill that we filed – the Anti-Marital Infidelity Bill – which seeks to provide the same penalty on sexual infidelity regardless of whether the act is committed by the male or female spouse in contrast to the existing legal framework wherein the adulterous man receives lighter punishment than the erring woman.”
For his part, CIBAC Rep. Rivera says that marital infidelity is a serious problem in our society which breeds more complicated social issues.
“The lack of virtue and value for the family which the lax anti-infidelity provisions in the Revised Penal Code is actually a root cause of more serious social woes besetting the Filipino community today – from broken families to corruption in the government. We should act now to fix this problem,” ends Rep. Rivera.
CIBAC Party-List lawmakers House Deputy Speaker Bro. Eddie Villanueva and Domeng Rivera filed House Resolution 1913 which calls for an inquiry on the status and manner of utilization and disbursement by government agencies of the Bayanihan 2 funds that led to its portion remaining unspent upon expiration last June 30, 2021.
“The expiration of unspent Bayanihan 2 funds simply means one thing: we deny our people of their much-needed help and assistance amidst this COVID-19 pandemic when they are already grappling to survive. It is necessary that we look into why this happened and track any bureaucratic bottleneck, inefficiency or negligence that might have led to the lapse of the funds,” says Deputy Speaker Bro. Eddie Villanueva.
“It is for this reason that CIBAC filed House Resolution 1913. The findings that will be gained through the called-for investigation will be very helpful for Congress to scrutinize the 2022 proposed budget that will be submitted by the President and to ensure that all appropriations therein are need-based, data-driven and truly responsive to our existing problems,” adds the CIBAC lawmaker
The Department of Budget and Management (DBM), in its utilization report of Bayanihan 2 funds posted on its website, revealed that some Php 18 billion funds remained unspent as of May 31, 2021. However, as of July 1, it said that only around Php 9 billion remained unspent.
According to the May 31 DBM report, among the expenditure items with low utilization rates are the stimulus packages for the agricultural sector, the allocation for the implementation of digital basic education and provision of subsidies and allowances to qualified students, continuous COVID-19 laboratory testing services of the Department of Health (DOH), the hiring of Human Resources for Health (HRH) personnel, and funding for the operation of various COVID-19 facilities nationwide, hiring and training of contact tracers.
For his part, CIBAC Rep. Domeng Rivera is also wondering why the Bayanihan 2 allotments were not disbursed when it was obvious that there was real and compelling demand for such in the ground.
“Sobrang kailangan ng mga kababayan natin ang mga pondong ito, kaya nakakapagtaka bakit hindi ito naibababa ng ating pamahalaan. It is just a matter of obligating or committing these funds to the purposes laid down in Bayanihan 2 law so that the same will not revert to the Treasury anymore,” says CIBAC Rep. Rivera.
Meanwhile, the CIBAC lawmakers also support calls for Congress to have a special session to pass a legislation that will further extend the validity of Bayanihan 2 funds.
The CIBAC lawmakers pointed out that a law extending the validity of Bayanihan 2 funds and authorizing its use is necessary so that the government can use it. Or else, the unspent funds will be pooled into savings which might have the danger of being utilized not for COVID-19 pandemic response efforts.
CIBAC Party-List lawmaker and House Deputy Speaker Bro. Eddie Villanueva expresses repugnance and strong denunciation over the Chinese ambassador’s recent statement that the 2016 Hague ruling on West Philippine Sea row is only a “waste of paper.”
This is in reaction to the statement of Chinese Foreign Ministry spokesperson Zhao Lijian at a press briefing in Beijing early this week calling the landmark 2016 victory of the Philippines as illegal, null, void and is “nothing more than a piece of waste of paper.”
The statement was made during the celebration of the 5th anniversary of the Hague ruling which declared that China’s nine-dash-line claim has no historic or legal basis and China has no right to claim the disputed West Philippine Sea (WPS) pursuant to entitlement of nations under the United Nations Convention on the Law of the Sea (UNCLOS).
“CIBAC strongly condemns the statement of the Chinese ambassador that our 2016 victory in the Permanent Court of Arbitration is just a “waste of paper.” It is an arrogant display of utter disrespect and blatant disregard for the country’s territorial integrity and interests. A country with such pronouncement does not deserve the “friendly” bilateral ties that we Filipinos accord to ally-nation,” says Deputy Speaker Villanueva.
“We deserve and demand an explanation from the Chinese government in light of such remarks. We cannot let this pass without taking action. We cannot command respect within the community of nations if we ourselves will not uphold our dignity and right. We should voice out our opposition to this disrespect and belittling from a country we consider an ally. The government must make a stand,” adds the CIBAC lawmaker.
Deputy Speaker Villanueva says that he will file a resolution at the House of Representatives calling for the collective sense of the Lower House to oppose the Chinese ambassador’s statement.
“The irresponsible pronouncement of the Chinese ambassador is a clear call for us to be more united and unrelenting in our opposition to China’s encroachment of our territory in the WPS. The current administration should persevere and remain resolute in asserting our legal victory in the 2016 Hague ruling. That’s the barest minimum that it can do in light of its sworn duty to uphold and defend the Constitution,” explains the CIBAC lawmaker.
Deputy Speaker Villanueva says that the government cannot claim territorial integrity when there are intrusions, presence of Chinese marine and militia vessels, and alleged fishing and poaching of marine resources within our exclusive economic zone (EEZ), which is 200 miles away from country’s archipelagic baselines. Even the very Constitution states that marine resources within the EEZ are for the exclusive enjoyment of the Filipinos.
In 2013, the Philippines instituted arbitral proceedings against China under the dispute settlement procedures of the United Nations Convention on the Law of the Sea (UNCLOS), the governing legal framework for all activities in oceans and seas. In 2016, the Permanent Court of Arbitration in the Hague awarded the Philippines a win over China in the West Philippine Sea row.
“Iginagalang ng CIBAC ang personal score na binigay ng administrasyon sa paglaban nito sa katiwalian sa gobyerno, pero hindi rito makikita ang tunay na sitwasyon ng bansa.”
Matapos marinig ang pahayag ng isang kinatawan ng Malacañang kung saan binigyan nito ng grado na “8 out of 10” ang programa ng gobyerno laban sa korapsiyon, binigyang-diin ng mambabatas mula sa Citizens’ Battle Against Corruption (CIBAC) Party-List na si House Deputy Speaker Bro. Eddie Villanueva na malayo pa tayo sa pinapangarap nating “corruption-free Philippines.”
Ayon sa CIBAC representative, “Walang masama sa pagbibigay ng grado sa sarili, pero kung ang grado ay hiwalay sa ibang basehan, ito ay nagiging mapanlilang sa taumbayan. Gumanda ba ang rating natin sa Corruption Perceptions Index (CPI) ng Transparency International simula noong 2016? Hindi. Naisabatas na ba ang Freedom of Information (FOI) Act? Hindi.”
Mula 2016 hanggang 2020, umani ang Pilipinas ng 34 hanggang 36 points sa CPI. Ang CPI score ay ibinibigay batay sa paniniwala ng publiko kung gaano ka-talamak ang korapsiyon sa gobyerno (0=napaka-corrupt, 100=napakamatuwid). Mula sa 179 na mga bansa at teritoryo, nasa ika-110 pwesto pababa ang PIlipinas noong 2020, kahanay ng mga lugar sa sub-Saharan Africa tulad ng Eswatini, Sieerra Leone, at Niger. Naniniwala ang CIBAC na mapapaganda ang ranking na ito sa pamamagitan ng pagsasabatas ng FOI.
Tinaguriang “FOI champion” sa Kongreso, matagal nang pinangungunahan ng CIBAC ang panawaganan para sa pagsasabatas ng naturang bill.
“Sasang-ayon lang kami sa ‘8 out of 10’ na score, o kahit higit pa, kung pangungunahan ng Pangulo ang pagsasabatas ng FOI. Sa pamamagitan nito, mabibigyan ng kaalaman ang taumbayan ukol sa iba’t ibang transaksyon ng pamahalaan, na siya namang magbibigay-daan upang matanggal ang mga tiwaling kawani ng gobyerno,” dagdag ni Villanueva.
Gagawing mandatory ng FOI Act ang pagsasapubliko ng mga dokumento at transaksyon ng lahat ng ahensya ng gobyerno, maliban kung ang mga ito ay mga impormasyong kailangang protektahan ayon sa batas – tulad ng mga may kinalaman sa national security, right to privacy on personal and sensitive information, trade and financial secrets, at privileged communication.
“Hanggang ngayon, naghihintay pa rin ang CIBAC na i-certify as urgent ng Pamahalaang Duterte ang pagsasabatas ng FOI. Huling taon na ng administrasyon, pero wala pa ring aksyon patungkol dito. Ang totoong paglaban sa korapsyon ay makikita sa gawa; walang kwenta ang puro lang salita. Panahon na upang isabatas ang FOI,” pagtatapos ni Villanueva.
As the whole nation looks forward to President Rodrigo Duterte’s State of the Nation Address (SONA) on July 26, Deputy Speaker Bro. Eddie Villanueva of Citizens’ Battle Against Corruption (CIBAC) Partylist outlines three major expectations he wishes for Filipinos to hear from the president’s final yearly address.
“The Filipino people deserve at least these top three updates from the president’s final SONA. First, a step-by-step pathway to freedom from pandemic hunger and unemployment. Second, a detailed plan on vaccine roll out acceleration. And third, an explanation on why billions worth of ‘ayuda’ from Bayanihan 2 was unspent,” Villanueva said.
For the CIBAC lawmaker’s top 1 concern of a concrete “pathway to freedom” from pandemic-related hunger and unemployment, he cited the SWS survey conducted between April 8 and May 2, which indicated that there were 12.2 million jobless adults in May 2021—only a few hundred thousand less than in November 2020.
“The survey shows that only 17 percent of Filipino families rate themselves as ‘hindi mahirap’ or not poor, while 49 percent rate themselves as “mahirap” or poor, and 33 percent rated themselves as somewhere in between. Our people are suffering. The president’s last SONA is a golden opportunity for him to assure the public that there is a plan and government is ready to take them through a step-by-step pathway to freedom,” he said.
The same study also finds that 16.8 percent of Filipino families or around 4.2 million families experience involuntary hunger or having no access to sufficient food at least once in the past three months. The data is slightly worse than the 16 percent recorded in November 2020.
“CIBAC has submitted bills that should help alleviate the suffering of our people. Among them are House Bill 3219 – An Act providing protection to freelancers; House Bill 6004 – An Act strengthening access to credit of micro, small, and medium enterprises (MSMEs); House Bill 6660 – An Act granting hazard pay to workers in critical industries during a state of calamity or emergency or public health emergency; House Bill 9072 – An Act providing for a free annual medical check-up for Filipinos and appropriating funds therefor; and House Bill 8259 – An Act providing income tax relief to medical frontliners for taxable year 2020,” Villanueva added. “We hope that with the president’s support, we can pass these measures into law swiftly and without any further delay because time is of the essence,” Villanueva said.
For his top 2 SONA “wish,” the CIBAC solon exhorted government to hasten its vaccine roll out.
“I laud the IATF for fully vaccinating at least 5 million Filipinos. Nonetheless, let us not rest on our laurels. There are still 100 million Filipinos in need of the vaccine. Let us continue to be on our toes as the challenge of achieving the target 500,000 daily doses continues to be unattained. The coming SONA is the perfect moment for the president to discuss this,” said Villanueva.
National Task Force Deputy Chief Implementer Vince Dizon said Thursday that the IATF continues to be hard at work in achieving the target as the National Capital Region (NCR) surpassed its daily vaccination target of 120,000 with around 130,000 to 150,000 vaccinations daily.
Finally, the CIBAC representative urged President Duterte to explain to the public why Bayanihan 2, the law that allocated P165.5 billion for pandemic response, lapsed with P18.4 billion in unspent funds.
“Congressmen and senators worked hard for Bayanihan 2 to be passed. It makes us wonder why, if the funds are truly urgently needed for such a critical time as during this pandemic, there were billions unutilized. The only logical conclusion is that some high-ranking officials must be neglecting their duty to the people. As we say in Tagalog, may natutulog sa pansitan,” Villanueva pointed out.
“Every unspent fund from Bayanihan 2 represents a medical frontliner deprived of benefits, a student deprived of online learning materials, an entrepreneur deprived of urgent financial assistance to feed his family. Those responsible for these unspent billions must be reprimanded during SONA, so that the people will feel that government is on their side,” he added.
1.1 President Rodrigo Roa Duterte signed Executive Order (EO) No. 70 5. 20181, which recognizes the need to reframe and refocus the government policy for achieving inclusive and sustainable peace by recognizing that insurgencies, internal disturbance and tensions, and armed conflicts and threats are not only military and security concerns but symptomatic of broader social, economic and historical problems.
1.2 To address the root cause of insurgency and other armed conflicts, there is a need to prioritize and harmonize the delivery of basic services and social delivery packages by the government and at the same time facilitate societal inclusivity and ensure active participation of the different sector of the society in the pursuit of sustainable peace and prosperity.
1.3 One of the strategies being implemented to address development gaps is the Retooled Community Support Program (RCSP) which is a convergence mechanism for local governments, particularly at the barangay level for the identification of issues and needed government interventions. It is anchored on the empowerment framework that intends to develop people’s capability to organize themselves and implement their own programs and projects by bringing about value chain interventions to uplift their current condition.
1.4 One of the outputs of the RCSP process is the enhancement of Barangay Development Plans which identifies the priority projects/programs to address the existing issues and development gaps in the barangay level. Priority projects identified by barangay during RCSP will be funded by the Local Government Support Fund-Support to the Barangay Development Program (LGSF- SBDP) of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).
2.0 LEGAL BASES
Under Special Provision (SP) No. 4 of the LGSF-SBDP of the NTF-ELCAC in Republic Act (RA) No. 11518 or the FY 2021 General Appropriations Act (GM), the appropriated amount of P16,440,000,000.00 shall be used for the implementation of various support programs of the eight hundred twenty two (822) cleared barangays from 2016 to 2019. Each cleared barangay shall be allocated with an amount not exceeding P20,000,000.00 to be used for the following projects:
i) Farm-to-Market Roads;
ii) School buildings;
iii) Water and sanitation system;
iv) Health stations;
v) Rural Electrification;
vi) Reconstruction, rehabilitation, repair, and other similar projects in connection with the occurrence of natural or human-induced calamities, epidemics, crises resulting from armed conflicts, insurgency, terrorism, and other catastrophes;
vii) Housing;
viii) COVID-19 vaccination, immunization and other health related projects;
ix) Agricultural, livelihood and technical vocational trainings/ projects; and,
x) Assistance to indigent individual or families in any of the following forms of assistance: (a) Medical; (b) Burial; (c) Transportation; (d) Food; (e) Cash for work; and, (f) Educational.
The President, in his Veto Message to the FY 2021 GM, placed the LGSF-SBDP under conditional implementation to subject it to the guidelines to be issued by the DBM, in coordination with the NTF-ELCAC.
3.0 PURPOSE
This Circular is being issued primarily to prescribe the general policies and procedures in the implementation of the FY 2021 LGSF-SBDP. This will likewise serve as a guide for identified local government units (LGU) in accessing the LGSF-SBDP to ensure that all abide to the policies, processes, and responsibilities in the overall implementation of the Program.
4.0 GENERAL GUIDELINES
4.1 The LGSF-SBDP shall be exclusively used for the implementation of various support programs of the 822 cleared barangays from 2016 to 2019 listed in Annex A hereof.
4.2 Pursuant to the President’s Veto Message to the FY 2021 GM, the LGSFSBDP shall be released to the Provincial Governments where the identified barangays are situated. In case when the Provincial Government is technically incapable to implement the projects identified by the cleared barangays, the project may be undertaken by an appropriate national government agency, including, but not limited to, the AFP Engineering Brigade.
4.3 The identified barangays shall submit their requests, together with the documentary requirements as prescribed in Annex B hereof, to the Regional Task Force (RTF)-ELCAC concerned, for evaluation as to the compliance with the requirements and conditions prescribed under SP No. 4 of the LGSF-SBDP under the FY 2021 GM and this Circular.
4.4 The RTF-ELCAC shall:
4.4.1 Evaluate requests submitted by the identified barangays for LGSF-SBDP and determine compliance with the documentary requirements prescribed in Annex B hereof; and
4.4.2 Endorse to the DBM Central Office (CO) eligible and compliant requests from identified barangays for immediate fund release.
4.5 The DBM CO shall process the release of funds upon receipt of endorsement from RTF-ELCAC.
4.6 Consistent with Section 28 of the General Provisions of the FY 2021 GM, the LGU5 shall ensure that the designs of all proposed projects for the construction, rehabilitation, repair, or improvement of public markets and other buildings include the installation of a Rainwater Collection System, in accordance with the prescribed design of the Department of Public Works and Highways.
4.7 Consistent with DBM-Department of Finance Joint Circular No. 2016-1 dated January 4, 2016, 3 the LGSF-SBDP shall be released directly by the Bureau of the Treasury (BTr) to the Provincial Governments where the identified barangays are located, through authorized government servicing banks, consistent with the purposes indicated in the corresponding Special Allotment Release Order and Advice of Notice of Cash Allocation Issued to be released by the DBM to the BTr.
4.8 The FY 2021 LGSF-SBDP shall be recorded as a trust fund by the Provincial Governments for the specific purpose(s) and barangays for which the funds were received and shall be made available for disbursement for the purpose specified until December 31, 2022. The Provincial Government shall maintain a separate subsidiary ledger for each project to record each transaction.
Moreover, within 30 calendar days reckoning from the date of the Notice of Authority to Debit Account Issued (NADAI), the Provincial Government through the Provincial Treasurer and Accountant, shall confirm with the DILG-RO through the DILG-PO, that the funds have been transferred from the General Account to the Trust Fund Account intended for the project.
4.9 After the end of the validity period, any unreleased appropriations shall lapse, while undisbursed funds shall revert to the National Treasury, particularly to the unappropriated surplus of the General Fund in accordance with Section 28, Chapter 4, Book VI of E.O. No. 292, s. 1987.
If at any point before December 31, 2022, the Provincial Government determines that the funds can no longer be utilized, e.g., when the program(s) and/or project(s) cannot be implemented for any reason or when the same has/have been funded from other sources, the amount received by the same LGU from the LGSF-SBDP shall be immediately reverted to the BTr.
The Provincial Government shall provide a copy of the documentation of the said transaction within 15 calendar days to DILG-RO through the DILG-PO.
4.10 Consistent with SP No. 4 of the DILG-OSEC Budget, FY 2021 GAA, the DILG shall be responsible for the monitoring and evaluation of actual project implementation. The DBM shall furnish the DILG with a list of approved projects charged against the LGSF-SBDP for monitoring and evaluation purposes.
4.0 PROHIBITIONS ON THE USE OF THE LGSF-SBDP
The LGSF-SBDP shall not be used:
4.1 For any purpose other than the program(s) and/or project(s), including the location thereof, for which the fund was released, without the prior endorsement of the RTF-ELCAC and approval of the DBM;
4.2 To fund projects already fully covered by the other sources of funds; and
4.3 For the payment of Personal Services expenditures (i.e., payment of salaries, including honoraria, allowances, bonuses, and similar forms of compensation).
5.0 PROJECT IMPLEMENTATION
5.1 Disbursement and utilization by the LGUs shall be subject to pertinent provisions of the Government Procurement Reform Act (RA No. 9184) and its 2016 Revised Implementing Rules and Regulations (IRR), and any relevant policies issued by the Government Procurement Policy Board (GPPB), as well as the applicable budgeting, accounting, and auditing rules and regulations.
5.2 The Provincial Governments may directly implement their projects by administration or by contract or they may opt to enter into a Memorandum of Agreement (MOA) with the concerned National Government Agency (NGA). The concerned NGA shall provide technical assistance and/or implement the project consistent with existing laws, rules and regulations.
5.3 Pursuant to SP No. 4 of the LGSF-SBDP, FY 2021 GM, PA No. 11518, corresponding allocation for the COVID-19 vaccination, immunization and health related projects shall be implemented in accordance with the rules and regulations issued by the Department of Health and/or the Inter-Agency Task Force for the Management of Emerging Infectious Diseases.
5.4 The Provincial Government or implementing NGA shall ensure compliance of infrastructure projects with Section 26 of the General Provisions of the FY 2021 GM.
6.0 POSTING AND REPORTING REQUIREMENTS
The Provincial Governments shall:
6.1 Comply with the posting requirements prescribed under RA No. 9184 and its 2016 Revised IRR, and all relevant policies issued by the GPPB;
6.2 Prepare quarterly reports on fund utilization and status of program/project implementation using the prescribed format (Annex C) until such time that the Unified Reporting System for LGUs has been developed and can be used by the LGUs.
6.3 Consistent with the Full Disclosure Policy of the DILG, post the same reports in at least three (3) conspicuous public places in the province and on the LGU’s website within 20 calendar days from the end of each quarter, one of which shall be in the beneficiary barangay.
6.4 Send a written notice to the Secretary of DBM, Secretary of DILG, Chairperson of the NTF-ELCAC, Speaker of the House of Representatives, President of the Senate of the Philippines, and the Chairpersons of the House Committee on Appropriations and Senate Committee on Finance upon posting of the reports on the LGU’s website. The date of notice to said agencies shall be considered the date of compliance with the requirement.
7.0 RESPONSIBILITY AND ACCOUNTABILITY
The responsibility and accountability in the implementation of programs and projects, and proper utilization and disbursement of the LGSF-SBDP shall rest upon the LCE and other local officials concerned of the recipient LGU. It is also the responsibility of said local officials to ensure that the funds released to the LGU are utilized strictly in accordance with applicable budgeting, accounting, and auditing rules and regulations, and pertinent provisions of RA No. 9184.
Moreover, the LGU shall ensure that no duplication of funding will occur. As such, the LGU, through its LCE, shall immediately inform the DBM if it has received funding from other sources for the same programs or projects.
8.0 ITEMS FOR RESOLUTION
Interpretation of the provisions of this Circular, including relevant items not covered herein, shall be referred to the DBM for resolution.
9.0 SEPARABILITY
If any provision of this Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
10.0 REPEAL
All provisions of existing guidelines that are not consistent with this Circular are hereby revised, modified and/or repealed accordingly.
11.0 EFFECTIVITY
This Circular shall take effect fifteen (15) calendar days after its publication.
AN ACT INSTITUTIONALIZING GOOD MANNERS AND RIGHT CONDUCT AND VALUES EDUCATION IN THE K TO 12 CURRICULUM, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
An Act Establishing Special Health Facilities for Overseas Filipino Workers (OFWs) and Their Dependents to be known as Bagong Bayaning Filipino Hospital, Appropriating Funds Therefor and for Other Purposes
This bill aims to give prime importance to the health of our OFWs, being our modern-day heroes, as well as their dependents through the building of the Bagong Bayaning Filipino Hospital and mandates the establishment of regional hospitals that will prioritize the needs of the OFWs and their dependents within five (5) years from the effectivity of this Act.
