Amending P.D. No. 3 Re: Appropriation of Funds for Public Works

November 10, 1972

PRESIDENTIAL DECREE NO. 47

AMENDING PRESIDENTIAL DECREE NO. 3 ENTITLED "APPROPRIATING FUNDS FOR PUBLIC WORKS, INVOLVING REHABILITATION AND CAPITAL DEVELOPMENT, SYNCHRONIZING THE SAME WITH THE PREVIOUS PUBLIC WORKS APPROPRIATIONS"

I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated September 22, 1972, do hereby decree, order and make as part of the law of the land the following measure:

SECTION 1. Section 7 of Presidential Decree No. 3, dated September 26, 1972, is hereby amended as follows:

"SEC. 7. The National Economic Development Authority (NEDA) shall formulate and issue rules and regulations designed to accelerate implementation or prosecution of public works projects, including the manner of, and priority in, expenditures of funds or the allocation thereof, either by the national or local governments, or by any other agency of the Government, the necessity of bidding or when such bidding would be dispensed with, and the organization of a Council or other office or agency which may become or be deemed necessary to effectively and efficiently prosecute the infrastructure program and other programs of the Government, prescribing the powers and functions of such office or agency.

Until, however, the National Economic Development Authority (NEDA) has promulgated such rules and regulations, and, notwithstanding provisions of any existing law, rule or regulation to the contrary, and irrespective of the source of funds, all public works projects with a cost of Two Hundred Thousand (P200,000.00) Pesos or less may be done by administration by the bureau or agency concerned without benefit of public bidding subject to the provision of Section fourteen, hereof. Public Works project with a cost of more than Two Hundred Thousand (P200,000.00) Pesos, shall after public bidding, be awarded by contract. If there are no responsible bids for the project, or the bids are higher than the Government estimate on the cost of the project, or in case the project is financed partly or wholly by foreign loans, the project may be prosecuted by administration by the bureau or agency concerned after securing the approval of the Department Head. In case of urgent necessity or emergency, projects may be prosecuted by administration without benefit of public bidding upon representation by the bureau or agency concerned, subject to favorable recommendation of the Department Head and approval by the President of the Philippines." cd

SECTION 2. Effectivity. — This Decree shall take effect immediately.

DONE in the City of Manila, this 10th day of November, in the year of Our Lord, Nineteen Hundred and Seventy-Two.