Senate Offite of the secretate TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUG 27 P5:29 SENATE RECEIVED BY: 1299 S. No. _ Introduced by Senator Robinhood Padilla AN ACT PROMOTING TRANSPARENCY, ACCOUNTABILITY, AND GOOD GOVERNANCE BY PROHIBITING MEMBERS OF CONGRESS FROM INTERVENING IN THE IDENTIFICATION AND BUDGETING OF LOCAL INFRASTRUCTURE PROJECTS, AND FOR OTHER PURPOSES EXPLANATORY NOTE The 1987 Constitution of the Republic of the Philippines establishes a government founded on the fundamental doctrine of the separation of powers among the three co-equal branches: the Legislative, the Executive, and the Judiciary in order to prevent the concentration of power, preserve institutional integrity, and ensure a system of checks and balances essential to democratic governance. Under the purview of the Legislative Branch is the enactment of laws and authorization of appropriations through the passage of the General Appropriations Act. However, members of Congress have reportedly exerted influence over the identification and prioritization of infrastructure projects at the local level, often through informal channels or post-enactment budget insertions. This practice not only undermines the constitutional separation of powers but also fosters patronage, reduces the efficiency of public spending, and increases the risk of corruption. This bill seeks to institutionalize a clear prohibition against the intervention of legislators in the identification, selection, endorsement, or budgeting of local infrastructure projects, affirms the rightful role of the Executive branch in the execution and implementation of public plans and programs, while preserving the Legislative's constitutional exercise of oversight.
In addition, this measure aims to reinforce the role of the local government units, in coordination with agencies involved in national development planning, urban and rural development planning, and public spending to ensure the effectiveness and responsiveness of public programs, with the end in view of strengthening the institutional integrity of the government, promoting transparent and accountable public spending, and ensuring that infrastructure projects are implemented based on objective, developmental, and local needs. In view of the foregoing, the immediate passage of this bill is earnestly sought. ROBINHOOD PADILLA Senator
Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session AUG 27 P5:29 SENATE RECEIVED BY: S. No. 1299 Introduced by Senator Robinhood Padilla AN ACT PROMOTING TRANSPARENCY, ACCOUNTABILITY, AND GOOD GOVERNANCE BY PROHIBITING MEMBERS OF CONGRESS FROM INTERVENING IN THE IDENTIFICATION AND BUDGETING OF LOCAL INFRASTRUCTURE PROJECTS, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Mahiya Naman Kayo
2 Act."
Sec. 2. Declaration of Policy. - It is the policy of the State to promote
4 transparency, accountability, and integrity in governance, particularly in the 5 identification, planning, and implementation of public infrastructure projects. The 6 power to plan and execute local development programs must reside with the duly 7 elected and mandated local government units (LGUs) in accordance with the principles 8 of decentralization enshrined in the Local Government Code of 1991.
Sec. 3. Prohibited Acts. - Members of Congress shall not:
a. Initiate, identify, endorse, insert, or otherwise influence the selection or inclusion of local infrastructure projects in the annual national budget, whether during or after budget preparation; b. Direct or suggest to any government agency or LGU the implementation of specific infrastructure projects using national funds in their districts or constituencies;
C. Intervene in the procurement process, award of contracts, appointment of key personnel involved in procurement and infrastructure projects, or disbursement of public funds relating to local infrastructure projects; and d. Act as contractors, suppliers, project implementers, or intermediaries for the same for local infrastructure projects.
Sec. 4. Strengthening LGU Authority. - All proposals for infrastructure projects
7 to be funded by the national government in local areas must originate from the 8 concerned local government units, subject to alignment with national development 9 plans and evaluation by relevant agencies such as the Department of Budget and Management (DBM), the Department of Economy, Planning, and Development 11 (DEPDev), the Department of the Interior and Local Government (DILG), the Department of Public Works and Highways (DPWH), and the Metropolitan Manila Development Authority (MMDA).
Sec. 5. Transparency Measures. - All approved local infrastructure projects,
their sources of funding, and implementation details shall be published on publicly 16 accessible government websites such as the Philippine Government Electronic 17 Procurement System (PhilGEPS), the DBM website, and the concerned LGU portals.
Sec. 6. Penalties. - Any Member of Congress found violating the provisions of
19 this Act shall be subject to: a. Censure or suspension by the respective House of Congress upon the recommendation of the Ethics Committee; b. Administrative sanctions under applicable laws and regulations; and c. Criminal prosecution if acts constitute violations of the Anti-Graft and Corrupt Practices Act (R.A. 3019), the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713), or other penal laws.
Sec. 7. Implementing Rules and Regulations. - The Department of Budget and
Management (DBM), in coordination with the Department of the Interior and Local Government (DILG) and the Civil Service Commission (CSC), shall promulgate the necessary rules and regulations to implement the provisions of this Act within sixty (60) days from its effectivity.
Sec. 8. Repealing Clause. - All laws, orders, rules, and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec. 9. Separability Clause. - If any provision of this Act is declared invalid or
5 unconstitutional, the remainder of the Act shall not be affected and shall remain in full 6 force and effect.
Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
8 complete publication in the Official Gazette or in at least two (2) national newspapers 9 of general circulation. Approved,