Imposing Stiffer Penalty on Projects Implemented while Contractor's License is Under Preventive Suspension
PCAB Resolution No. 549-A-08, issued on July 2, 2008, establishes stricter penalties for contractors engaged in construction projects while their licenses are under preventive suspension. It highlights the requirement for contractors to possess a valid license, as mandated by R.A. 4566, and outlines the consequences for late filing or misrepresentation regarding operational status. Specifically, contractors found conducting unauthorized activities during their suspension will incur an additional fine of P5,000 for each violation. This resolution aims to reinforce accountability among contractors and is effective upon publication in a widely circulated newspaper.
Law Information
- Reference Number
- PCAB Resolution No. 549-A-08
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Construction Industry
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 2, 2008
PCAB RESOLUTION NO. 549-A-08
IMPOSING STIFFER PENALTY ON PROJECTS IMPLEMENTED WHILE CONTRACTOR'S LICENSE IS UNDER PREVENTIVE SUSPENSION
WHEREAS, R.A. 4566, the Contractor's License Law, mandates all contractors to have a valid license before they engage in the business of construction contracting in the Philippines and said license must be renewed on or before its expiration; otherwise the contractor will be operating without a valid license; TEAICc
WHEREAS, Board Resolution No. 086, s. 2007 requires that a contractor filing after the expiration or its license (late filer) shall submit an affidavit of no operation or construction activity to attest to the fact thereof or pay upon filing an additional license fee of P5,000;
WHEREAS, Board Resolution No. 001, s. 2008 imposes a ninety (90) day preventive suspension on contractors who have misrepresented their affidavit of no-operation pending investigation;
WHEREAS, while under preventive suspension, contractors with on-going project must secure the Board's authority to continue implementing the same until completion; otherwise, a second instance of violation of the Law will be committed.
NOW, THEREFORE, based on the foregoing premises, and to instill discipline on erring contractors, the Philippine Contractors Accreditation Board hereby RESOLVED to impose an additional penalty of P5,000 for every unauthorized construction activity/project implemented while the contractor is under preventive suspension.
This resolution shall be effective upon publication in a newspaper of general circulation.
July 2, 2008, Makati City.
(SGD.) ELMER C. HERNANDEZDTI Undersecretary/OIC Chairman
(SGD.) AGERICO M. UNGSONActing Member
(SGD.) JOSE MA. L. CASTORActing Member
ATTESTED BY:
(SGD.) RENE E. FAJARDOOfficer-in-Charge
(SGD.) CONSOLACION C. VILLAFUERTEBoard Secretary
Published in The Philippine Star on December 17, 2008.
Cite This Law
Imposing Stiffer Penalty on Projects Implemented while Contractor's License is Under Preventive Suspension, PCAB Resolution No. 549-A-08, Jul 2, 2008 (Philippines)
Imposing Stiffer Penalty on Projects Implemented while Contractor's License is Under Preventive Suspension, PCAB Resolution No. 549-A-08 (Phil. 2008)
Related Laws
- Prohibition on the Filing of Motion for Reconsideration on Preventive SuspensionCSC Resolution No. 090296 • Feb 24, 2009 • Other Rules and Procedures
- Construction Safety Guidelines for the Implementation of DepEd Infrastructure Projects during the COVID-19 Public Health CrisisDepEd Order No. 009-20 • May 30, 2020 • Other Rules and Procedures
- Administrative Action on Contracts with Negative Slippage in Accordance with the Revised IRR of R.A. 9184DPWH Department Order No. 193-16 • Sep 15, 2016 • Other Rules and Procedures
- Contractor's License LawRepublic Act No. 4566 • Jun 19, 1965 • Statutes
- Requirements on Lifting of the Penalty of Suspension Imposed Against Members of the BarOCA Circular No. 84-2023 • Feb 27, 2023 • Supreme Court Issuances
- Reduced Penalty of Suspension from Service of 2nd Asst. City Prosecutor Victorino S. Alvaro of ManilaAdministrative Order No. 209-A • Mar 12, 1996 • Presidential Issuances
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