Government C0onstruction Project Transparency and Accountability Act

Senato Offre of the storie TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 OCT -2 P1:57 First Regular Session SENATE RECEIVED BY: S. No. 1438 Introduced by SENATOR MARK A. VILLAR AN ACT MANDATING THE USE OF DRONE MONITORING FOR ALL GOVERNMENT CONSTRUCTION PROJECTS AS A PREREQUISITE FOR PAYMENT EXPLANATORY NOTE The pursuit of transparency and accountability in government infrastructure projects is a cornerstone of good governance. Despite existing measures, issues of project delays, substandard construction, and ghost projects persist across various government agencies, eroding public trust and wasting vital public funds. This bill seeks to leverage modern technology to comprehensively address and combat corruption. By requiring the use of drone monitoring for all government construction projects as a mandatory prerequisite for the release of any and all payments, we introduce an objective, verifiable, and powerful tool for oversight. Aerial documentation provides an unassailable record of project progress, quality, and existence, ensuring that taxpayers receive the quality infrastructure they have paid for. This measure will significantly reduce opportunities for corruption, enhance project management across all government agencies, and restore public confidence in the government's infrastructure program. The passage of this bill is a critical step towards a truly transparent and accountable public works system. In view hereof, the urgent passage of this bill is earnestly sought. MARK A. VILLAR ROC

THE TWENTIETH CONGRESS OF THE ) RECEIVED REPUBLIC OF THE PHILIPPINES First Regular Session TIME: 1:57 pm BY: _ SENATE BILLA& INDEX S. No. 1438 Introduced by Senator MARK A. VILLAR AN ACT MANDATING THE USE OF DRONE MONITORING FOR ALL GOVERNMENT CONSTRUCTION PROJECTS AS A PREREQUISITE FOR PAYMENT 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 "Government

2 Construction Project Transparency and Accountability Act."

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

ensure transparency and accountability in all government infrastructure projects. The State shall utilize modern technological tools to eradicate corruption, promote efficiency, and guarantee that public funds are used for their intended purpose, delivering quality infrastructure to the Filipino people.

Sec. 3. Scope and Coverage. - This Act shall apply to all construction projects

9 of all the national government agencies and government-owned and controlled 10 corporations, including but not limited to the Department of Public Works and 11 Highways (DPWH), the Department of Transportation (DOTr), Bases Conversion and Development Authority (BCDA), Metropolitan Manila Development Authority (MMDA), and all other agencies undertaking construction projects using public funds.

Sec. 4. Mandatory Drone Monitoring. - (a) All government infrastructure

projects, regardless of cost, shall undergo mandatory aerial monitoring using unmanned aerial vehicles (UAVs), commonly known as drones, as a condition precedent for any and all progress billings, milestone payments, and final payment.

(b) To ensure objectivity, the drone monitoring shall be conducted by an 2 independent, agency-accredited third-party entity. (c) The concerned agencies, in consultation with the Department of Science and Technology (DOST), shall issue the necessary rules and regulations for the accreditation of these third-party entities within sixty (60) days from the effectivity of this Act.

Sec. 5. Minimum Documentation Requirements. - The drone monitoring shall

8 be mandated for each project milestone and prior to any payment claim which, at a 9 minimum, include the production and submission to the concerned agency of the following: (a) High-resolution geotagged aerial photographs; (b) Aerial video footage of the entire project site; (c) Orthomosaic maps of the project site; and (d) A detailed report correlating the aerial data with the claimed project accomplishments, certified by the accredited third-party entity.

Sec. 6. Public Transparency Portal. - All drone-captured data, including

photographs, videos, and reports, shall be uploaded and made accessible to the public through a centralized online portal maintained by the respective implementing agencies, in compliance with Republic Act No. 10173 or the "Data Privacy Act of 2012."

Sec. 7. Prohibition on Payment. - No payment of any form shall be made to

any contractor for any government construction project without the submission and verification of the required drone monitoring documentation as stipulated in Sections 4 and 5 of this Act. Any government official or employee who approves a payment without the required documentation shall be subject to administrative and criminal liability under applicable laws.

Sec. 8. Penalties. - Any contractor who submits falsified drone documentation

or any government official or employee found to have colluded in the submission of such falsified data shall, upon conviction, face the applicable penalties provided for under Republic Act No. 3019 or the "Anti-Graft and Corrupt Practices Act" and other relevant laws, in addition to perpetual disqualification from public office and from contracting with the government.

Sec. 9. Appropriations. - The amount necessary for the initial implementation

2 of this Act shall be charged against the current fiscal year's appropriations of the concerned agencies. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

Sec. 10. Implementing Rules and Regulations. - The DPWH, in coordination

with the DOST, the Department of Information and Communications Technology, and all concerned agencies, shall promulgate the necessary implementing rules and regulations within ninety (90) days from the effectivity of this Act.

Sec. 11. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Sec. 12. Repealing Clause. - All laws, decrees, executive orders, rules, and

regulations contrary to or inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,