EXECUTIVE ORDER NO. 419
EXECUTIVE ORDER NO. 419 -
PROMULGATING THE RULES AND REGULATIONS TO IMPLEMENT REPUBLIC ACT NO.
6960 ENTITLED “AN ACT APPROPRIATING THE SUM OF TEN BILLION PESOS FOR
THE AID, RELIEF, AND REHABILITATION SERVICES, TO PERSONS AND AREAS
AFFECTED AND FOR THE SURVEY, REPAIR AND RECONSTRUCTION OF GOVERNMENT
INFRASTRUCTURE DAMAGED OR DESTROYED BY THE EARTHQUAKES OF JULY 16, 1990
AND THEIR AFTERSHOCKS”
Pursuant
to the powers vested in me by law, I, CORAZON C. AQUINO, President of
the Philippines, do hereby order:
Section 1. This Executive Order hereby promulgates
the rules and regulations implementing Republic Act No. 6960 which was
approved on August 7, 1990 and became effective on August 9, 1990, the
said law having been published on said date in two (2) national
newspapers of general circulation.
Sec. 2. As used in this Executive Order, the
following definition of terms shall govern.
a)
The term “victims” refers to individuals who sustained serious injuries
or suffered death in the family as a result of the earthquakes which
occurred on 16 July 1990, and their aftereffects. It shall include
individuals whose homes have been destroyed or rendered uninhabitable.
b) The term
“aid” or “relief” refers to any assistance in the form of food,
clothing, shelter, money or any other form of assistance to the end
that life may return to normal at the earliest possible time.
c) The term
“repair” refers to the action of making a facility or infrastructure
usable or serviceable even on a partial or temporary basis within a
short period of time.
d) The term
“reconstruction” refers to the action of restoring a facility or
infrastructure to the original condition and whenever necessary
strengthening or putting in appropriate improvements to make it more
resistant to calamities such as earthquakes. It shall also include the
action of constructing a similar facility or infrastructure in another
location in place of the damaged facility or infrastructure.
e) The
“Presidential Task Force on Rehabilitation” refers to the Task Force
created pursuant to Memorandum Order No. 311 dated 1 August 1990.
Sec. 3. The projects that will be funded by the
appropriation contained in Republic Act No. 6960 must contribute to any
or all of the following objectives:
a)
Preservation of life;
b) Restoration
of home; and,
c) Resumption
of production.
The following agencies shall be responsible for the identification of
the projects within their respective jurisdiction and whenever
necessary, in consultation with local government units, viz:
a)
Department of Public Works and Highways — for Roads, Highways and
Bridges, Flood Control and Seawalls Water Supply (Level I), and Other
Public Buildings and Facilities;
b) Philippine
National Railways — for Railways;
c) Philippine
Ports Authority — for Ports;
d) Air
Transportation Office/Department of Transportation and Communications —
for Airports;
e) Postal
Services Office/Department of Transportation and Communications — for
Post Offices;
f)
Telecommunications Office/Department of Transportation and
Communications — for Telecommunication Facilities;
g) National
Power Corporation — for Power Facilities;
h) National
Electrification Administration — for Electrification Facilities;
i) National
Irrigation Administration — for Irrigation Facilities;
j) Department
of Education, Culture and Sports — for Schoolbuildings;
k) Department
of Health — for Hospitals/Health Centers and Public Health Programs;
l) National
Housing Authority — for Housing Facilities;
m) Department
of National Defense — for Defense Facilities;
n) Export
Processing Zone Authority — for Export Processing Zone Facilities;
o) Department
of Social Welfare and Development — for Social Welfare Projects;
p) Local Water
and Utilities Administration — for Water Supply Facilities (Levels II
and III); and
q) Departments
of Agriculture, Agrarian Reform, Environment and Natural Resources,
Labor and Employment and Trade and Industry, Education, Culture and
Sports, Local Government Tourism, and the National Livelihood Support
Fund — for Livelihood and Emergency Employment Assistance Projects.
The above enumerated agencies shall also be responsible for the
implementation of the projects except those projects determined by the
Presidential Task Force to be more appropriately implemented by local
government units.
Sec. 4. In general, the repair or reconstruction
of infrastructure projects shall be prioritized by using the following
factors:
a)
Economic importance of the facility, with preference to facilities
which significantly contribute to or support production and
distribution of essential goods in substantial volumes over large
geographical areas;
b) Social
significance of the facility, with emphasis on facilities which provide
basic shelter, health, and education services, affecting
large/depressed communities;
c) Structural
condition of the facility with attention to facilities which are
structurally unsafe for use or prone to further damage; and
d) Feasibility
of the repair/reconstruction works, with emphasis on those which can be
started quickly and be completed within a relatively short period.
On the basis of the above enumerated factors, the following general
types of infrastructure shall be given priority:
a)
Immediate opening and rehabilitation of blocked or hardly passable
major interregional/interprovincial and secondary intermunicipal
transport routes in order to restore the major movements of goods,
services and people.
b) Restoration
of power, water, irrigation, flood control and communication services;
c)
Rehabilitation of social infrastructures such as schools, hospitals and
public markets with structural damage and temporary shelters for
homeless families.
Sec. 5. The levels of repair and reconstruction
work shall be as follows:
a)
Level I : This consists of basic emergency repair not necessarily to
restate in the original condition but merely for the purpose of quickly
making the facility or infrastructure usable or serviceable even on a
partial or temporary basis, e.g. temporary daily bridge on one-way
pilot road. These projects can generally be completed within a short
period of time, in one or two months.
b) Level II :
This consists of the reconstruction or restoration to the original
condition of the facility or infrastructure and whenever necessary
including strengthening, improvement or relocation of the facility to
make it resistant to natural calamities like earthquake e.g. removal of
slides, reconstruction of damaged embankment and pavement, or slope
protection works. These projects are normally completed between the
period of six (6) months to two (2) years;
c) Level III :
This consist of reconstruction of damaged infrastructure and facilities
and development of new facilities to minimize the disruption of
infrastructure service in case natural calamities such as earthquake
should occur in the future e.g. new alternative route, new towns,
relocated production areas and reconfigured transport networks. These
projects are normally completed between the period of two (2) years to
five (5) years.
The projects that will be implemented and funded pursuant to the
provisions of Republic Act No. 6960 will normally be those falling
under Levels I and II. However, projects falling under Level III may
also be implemented and funded if they are found to be extremely urgent
and necessary, after due consultation with concerned sectors and
officials of the national and local government.
Sec. 6. The Presidential Task Force shall
undertake the identification, prioritization, programming of projects
and fund allocation within three (3) months from 9 August 1990. For
this purpose, the procedure shall be as follows:
a)
Each concerned agency mentioned in Sec. 3 hereof shall identify the
earthquake-damaged infrastructure facilities under its responsibility,
and define the extent and impact of the damage thereto and submit the
same to the Presidential Task Force for consideration and approval. All
possible sources of information shall be used, including its own agency
reports, as well as those of other concerned national agencies and
officials, local government units, non-governmental organization, media
and the general public.
b) The agency
shall then determine the repair and reconstruction works required on
the damaged infrastructure using the levels defined in Sec. 5
hereof, prepare an estimate of their cost and implementation periods,
and prioritize them based on the criteria enumerated in Sec. 4 of
this Executive Order. The prioritized schedule be submitted to the
Presidential Task Force for consideration and approval.
c) The agency
shall thereafter prepare a preliminary program for the repair and
reconstruction of the damaged infrastructure, which shall contain the
following information:
1.
List of projects and their locations;
2. Description
of extent and impact of damage for each project;
3.
Description of work to be done for each project;
4. Estimated
cost per project at each level of action; and
5.
Implementation schedule per project, and approximate quarterly cash
flow.
d)
Implementing agency must provide appropriate information to and consult
with concerned local and national officials from the area on
rehabilitation projects to be implemented therein.
e) The agency
program shall be submitted by the Presidential Task Force to the
President for final approval.
Sec. 7. The procurement and implementation
procedures shall be as follows:
A.
Engineering Services
Prior to project implementation,
the concerned agency shall provide appropriate engineering
preparations.
Whenever deemed necessary, the
agency may engage in each affected area, project or cluster of
projects, in-house consultants from reputable firms to assist and
advise it.
B. Actual
Project Implementation
The implementing agencies or
local government units responsible for the actual repair and
reconstruction of the infrastructure facilities shall determine the
most appropriate mode of implementing each project in the program. For
this purpose, the agencies or local government units may adopt any of
the following options, whichever is appropriate:
1.
Administration or force account shall generally be adopted as a mode of
project implementation for Level I or when the scope is difficult to
quantity for contracting purposes and it is within the implementing
capability of the agency or local government unit.
2. Negotiated
contract may be adopted as a mode of project implementation for Levels
I and II when the works are urgent and beyond the force account
capability of the concerned agency or local government units especially
those involving structural damage, imminent danger to life and
property, significant social and economic losses and where time is of
the essence in project implementation. Negotiated contracts may be
entered into not later than six (6) months from the effectivity of
Republic Act No. 6960 and in accordance with Sec. 5 thereof.
3. Contract
after public bidding may be adopted as a mode of project implementation
for Levels II and III projects which are less urgent and cannot be
completed within one year. As much as possible the provisions of
Presidential Decree No. 1594 and its implementing rules and
regulations, as amended, shall be followed. However, in so far as
advertisement for the project, prequalification of contractors and
award of contracts are concerned, the implementing agencies or local
governments units may shorten the requirements for notice and
evaluation periods.
All funds covering contracts entered into under Republic Act No. 6960
and this Executive Order shall be obligated within one (1) year from
the effectivity of the said Act.
Sec. 8. The supervision of the repair and
reconstruction works shall be performed by the concerned implementing
agency or local government unit, through its own units and/or through
consultants, in accordance with existing technical standards and
procedures.
The implementing agency or local government unit shall give preference
to the residents of the affected areas, especially the victims, in the
hiring or employment of the workers required in the repair and
reconstruction of damaged infrastructure under the approved program.
Sec. 9. The assistance to earthquake victims shall
primarily address the immediate concern of survival and normalization
of their lives. In this regard, the assistance shall encompass the
basic needs for food, clothing, shelter and emergency employment.
Assistance for the survival of earthquake victims may take any of the
following forms:
a)
Shelter;
b) Communal
meal service;
c) Subsidized
source of foodstuffs and clothing;
d) Health
services; or
e) Money to
cover medical and funeral expenses.
Assistance for the normalization of the lives of the earthquake victims
may take any or all of the following forms:
a)
Resettlement assistance;
b) Employment
placement assistance;
c) School
placement assistance;
d) Loan or
grant for livelihood projects; or
e) Deferment
or restructuring of some obligations such as real estate taxes salary
loans and the like, when so warranted or authorized.
Sec. 10. The Department of Social Welfare and
Development shall be primarily responsible for identifying the persons
eligible for assistance mentioned in Sec. 9 hereof and the nature of
assistance needs. The assistance shall be extended by the concerned
agencies in coordination with the DSWD.
Sec. 11. All concerned agencies shall submit to
the President, through the Presidential Task Force on Rehabilitation,
for consolidation and transmittal to Congress, a quarterly report on
the fund allocated for aid or relief services and funds allocated for
the repair and reconstruction of vital and essential infrastructure
projects, the list of such infrastructure which shall be financed, the
list of names of approved individual beneficiaries, the purpose for
which the appropriations was utilized and the accomplishments for the
expanded appropriations, including the percentage of completion of
repair and reconstruction projects, as well as an evaluation of the
effectiveness of the delivery system of relief services.
Sec. 12. The Department of Justice shall, upon a
complaint or upon its own initiative, investigate and prosecute persons
or entities charged with violations of pertinent provisions of penal
laws, rules and regulations in relation to the provisions of Republic
Act No. 6960 particularly on the utilization and application of the
funds provided therein.
The Department of Justice is hereby authorized to avail itself of the
services of all law enforcement agencies as may be necessary in the
performance of its takes.
Sec. 13. This Executive Order shall take effect
immediately upon its publication in two (2) national newspapers of
general circulation.
DONE in the City of Manila,
this 22nd day of August, in the year of Our Lord, nineteen hundred and
ninety.
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