Classroom-building Acceleration Program (Cap) Act

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session SENATE S. No. 1482 PREPARED BY THE COMMITTEES ON BASIC EDUCATION, LOCAL GOVERNMENT, AND FINANCE WITH SENATORS AQUINO, MARCOS, VILLAR (C.), TULFO (R.), LEGARDA, VILLANUEVA, ESTRADA, GATCHALIAN, GO, EJERCITO, PANGILINAN, VILLAR (M.), AND PADILLA AS AUTHORS THEREOF AN ACT ESTABLISHING THE CLASSROOM-BUILDING ACCELERATION PROGRAM (CAP) UNDER THE DEPARTMENT OF EDUCATION, AUTHORIZING LOCAL GOVERNMENT UNITS AND CIVIL SOCIETY ORGANIZATIONS TO UNDERTAKE CLASSROOM CONSTRUCTION PROJECTS 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 "Classroom-Building Acceleration Program (CAP) Act".

SEC. 2. Declaration of Policy. - It is the policy of the

State to promote quality education by providing adequate, 5 resilient, and accessible public school facilities for basic 6 education learners, consistent with the commitment to

ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. Pursuant to existing laws, classrooms shall be zones of peace. The Department of Education (DepEd) shall ensure that classrooms remain peaceful and conducive to effective learning and teaching. Recognizing the critical shortage of classrooms across the country hampering the effective delivery of education, and the well-being of learners, the State shall adopt urgent and necessary measures, including time-bound and innovative approaches, to accelerate the construction of classrooms nationwide. Such measures shall promote sustainable and disaster-resilient infrastructure safeguard the safety, security, and well-being of learners. To this end, the State shall adopt a whole-of-nation approach by establishing a program in the DepEd to enable the participation of local government units and civil society organizations in the timely construction of public basic education buildings, funded by the national government,

subject to safeguards for transparency, accountability, and 2 adherence to education and construction standards.

SEC. 3. Definition of Terms. - As used in this Act:

(a) Civil Society Organization (CSO) refers to a non- state, non-profit association that works to improve society and the human condition, the basic types of which include non-governmental organizations, civic organizations, cooperatives, social movements, professional groups, and 9 business groups: (b) Classroom refers to a learning space, unit, or facility in a public basic education school designed, built, or refurbished in accordance with DepEd standards and specifications, including those for safety, climate resilience, disaster preparedness, inclusive education, and alternative 15 learning systems; (c) Local Government Unit (LGU) refers to a province, 17 city, municipality, or barangay as defined under Republic 18 Act No. 7160 or the Local Government Code of 1991, that

may serve as a proponent or partner in the implementation of CAP projects; and (d) Public Basic Education Schools refer to schools 4 that provide kindergarten, elementary, and secondary 5 education under the supervision and regulation of the 6 DepEd.

SEC. 4. Establishment of the Classroom-Building

8 Acceleration Program. - There is hereby established a CAP 9 under the DepEd, which shall authorize qualified LGUs and CSOs to propose and implement classroom construction projects in public basic education schools 12 using national government funds, without prejudice to 13 other modalities that the DepEd may adopt to address the classroom backlog.

SEC. 5. Qualifying Criteria for CAP. - The following

shall qualify for classroom construction projects under the CAP: (a) Classrooms for students from Kindergarten to Grade 3:

(b) Schools with classroom congestion and multiple shifts; (c) Schools with classrooms that are condemned or in need of major repair; (d) Schools in high-risk or disaster-prone areas, such 6 as those vulnerable to flooding, earthquake, or other similar calamities, and those reliant on temporary learning spaces: (e) Schools in low-income communities: (f) Schools in Geographically Isolated and Disadvantaged Areas (GIDA); or (g) Schools where classrooms are needed based on demographic and enrollment projections: Provided, That the DepEd shall prioritize areas with demonstrated readiness for classroom construction, including those with validated sites and secured necessary permits and clearances.

The DepEd shall annually publish a list of classroom construction projects under the CAP, which shall serve as basis for the allocation of national funds and participation of LGUs and CSOs. The DepEd shall ensure that the CAP List is aligned with the priorities under the National School Building Program.

SEC. 6. Eligibility of Proponents. - LGUs and CSOs,

acting jointly or in their own capacities, may participate in the CAP by submitting proposals to the DepEd. The DepEd may also solicit proposals from LGUs and CSOs. The DepEd shall issue objective criteria and guidelines for determining eligibility of proponents. including but not limited to: (a) Demonstrated technical capacity to implement infrastructure projects; and track record in the successful (b) Proven implementation of education-related or infrastructure projects.

The CSO-led projects shall be undertaken in coordination with the LGU having jurisdiction over the locality where the classroom shall be constructed, pursuant to the Local Government Code of 1991. SEC. T. Submission and Review of Project Proposals. - LGUs and CSOs that undertake classroom construction 7 projects under the CAP shall be subject to a verification process by the DepEd. in compliance with the eligibility requirements under Section 6 of this Act. Eligible proponents shall submit project proposals and other requirements, as determined by relevant DepEd guidelines. In granting approval, the DepEd shall give consideration and priority to project proposals that include commitment to peoples for the hire indigenous construction of classrooms within ancestral domains. Proposals shall be reviewed and evaluated by the Program Management Office (PMO), in accordance with

the eligibility requirements and qualifying criteria set forth in this Act. The DepEd may establish framework agreements or 4 long-term service agreements with eligible proponents to streamline the proposal and approval process. and to promote sustainable, cost-effective, and timely project delivery.

SEC. 8. Program Management. - A PMO within the

9 DepEd Central Office, headed by the DepEd Official in charge of infrastructure, shall take the lead in addressing the national classroom shortage. The PMO shall review and approve project proposals, oversee implementation, and undertake monitoring and evaluation. To ensure technical quality and efficiency, the DepEd may engage the services of architects, engineers, quantity surveyors, and project managers from private sector or professional associations to provide technical support in project review, pre-qualification of project proponents,

contract and administration. supervision of implementation. The PMO shall integrate futures thinking and anticipatory planning in the implementation of the CAP. It shall generate and periodically update forward-looking enrollment projections, and demographic and population 7 trend analyses to identify present and future classroom requirements. It shall maintain a national inventory of classroom shortages for evidence-based planning, 10 prioritization, and sequencing of classroom construction nationwide.

SEC. 9. Standards for Classroom Building. - All

classroom construction projects under the CAP shall conform to the DepEd's Minimum Performance Standards and Specifications (MPSS) for the design and construction of school buildings, which shall serve baseline requirements for project planning, design, and delivery. Such standards and specifications shall ensure that classrooms and school buildings are equipped with

necessary and appropriate provisions for electrification, digital connectivity, water, sanitation and hygiene facilities, among others. The DepEd shall review and update the MPSS within 5 the first year of implementation of this Act, and every three (3) years thereafter, to align with the latest building 7 codes, and the laws and requirements for climate 8 resilience, disaster preparedness, and inclusive education. For this purpose, the DepEd shall establish a 10 Technical Working Group (TWG) composed of designated representatives from recognized associations of architects, engineers. contractors, quantity surveyors, and other relevant professional or industry groups to assist in the review, updating, and enhancement of the MPSS. All classroom designs under this Act shall, when practicable, adopt nature-based solutions, climate-adaptive features, and the use of indigenous or locally available materials to enhance resilience and promote sustainable construction. As part of its mandated transparency reports,

the DepEd shall annually report the extent and percentage of adoption of such design solutions in all CAP-supported buildings. Full compliance with Republic Act No. 9003 or the 5 "Ecological Solid Waste Management Act of 2000" shall likewise be required. including waste segregation at source, the use of environmentally acceptable materials, and utilization of the Materials Recovery Facility established under Section 32 of said Act for the proper sorting, segregation, composting, and recycling of school- generated waste. The implementing rules and regulations shall set out the specific procedures for coordinating with existing Materials Recovery Facilities within the locality, and if such facilities are not available, the implementing rules shall also set out the guidelines for establishing or designating an appropriate facility within the school grounds to ensure full and effective implementation of ecological solid waste management.

SEC. 10. Training-cum-Production. - In the

2 implementation of this Act, the DepEd and the Technical Education and Skills Development Authority may employ a training-cum-production scheme that will allow trainees to gain practical skills and experience, and use their 6 knowledge in construction to contribute to the timely and efficient construction of basic education buildings nationwide.

SEC. 11. Funding Conditions and Classroom Cost

Ceilings. - During the first year of implementation of the CAP, its funding shall be subject to a cost ceiling of 12 Twenty-eight thousand pesos (P28,000.00) per square meter for the construction of classrooms in one (1) to four (4) storey school buildings. The cost ceiling may be adjusted up to a maximum of twenty percent (20%) to account for regional differences in market prices, labor costs, transportation and logistics, site conditions, and other relevant factors, subject to prior approval by the DepEd.

The following conditions shall apply: (a) The CAP shall be primarily funded through the national government allocation in the DepEd budget; cost beyond the national government (b) Any shall be allocation, or its DepEd-approved adjustment, borne by the proponent through other funding sources, as 7 may be allowed by existing laws and regulations; (c) Any unutilized portion of the allocation may be used to support other classroom-related needs, such as furniture and fixtures, subject to proper reporting and accounting to the PMO: (d) The DepEd shall develop costing guidelines, which shall include the methodology and parameters for determining allowable variances to classroom construction costs across regions. Such guidelines shall consider regional construction material and labor price indices, 17 inflation, transport and logistics factors, geohazard conditions. and other relevant criteria. All adjustments to 19 classroom cost ceilings shall strictly adhere to these

guidelines, be publicly disclosed, and shall be subject to audit by the Commission on Audit (COA); (e) The DepEd shall annually review and update the roster of approved classroom designs and their corresponding cost ceilings, taking into account inflation. in construction material and labor changes costs, advancements innovative in technology, models, cost-efficient or accelerated construction methods, and 9 other relevant factors, with assistance from the TWG established under Section 9 of this Act; and (f) Proponents may recommend variations to the DepEd-approved classroom designs, subject to the DepEd's approval: Provided, That such variations comply with the DepEd's MPSS: Provided, further, That the same cost ceilings and funding conditions prescribed under this section shall apply.

SEC. 12. Transparency and Accountability Mechanisms. -

(a) Regular reporting - All CAP projects shall be regularly monitored and evaluated by the DepEd.

1 Participating LGUs and CSOs shall submit to the DepEd 2 pertinent procurement and contract documents and 3 regular progress reports. The DepEd shall prepare and 4 submit annual consolidated the report 5 implementation of the CAP to the Senate and the House of 6 Representatives. (b) Public disclosure - The DepEd shall annually 8 publish the updated roster of approved classroom designs. 9 their corresponding cost ceilings, the costing guidelines, and relevant technical specifications on its official website and other publicly accessible platforms to promote transparency and accountability. The DepEd shall also publish and regularly update, on its official website and other national government portals as applicable, a list of all classroom construction projects implemented under the CAP, indicating the design project location, proponent, type, cost, implementation status, and completion rate for each

project, as well all procurement and contract 2 implementation documents submitted by CAP proponents.

SEC. 13. Direct Participation of CSOs. - The

4 Department of Budget and Management (DBM), the 5 Government Procurement Policy Board (GPPB), and the 6 COA, in consultation with the DepEd, are hereby 7 mandated to specifically formulate and adopt an alternative mode of procurement that will facilitate 9 participation of CSOs as project proponents in the 10 implementation of CAP. The COA shall also formulate and adopt simplified accounting, auditing, and liquidation rules and procedures applicable to CSO-implemented projects under this Act. Nothing in this Act shall be construed as an exemption from Republic Act No. 12009 or the "New Government Procurement Act. All procurement undertaken by DepEd, LGUs, or CSOs under the CAP shall remain subject to the New Government Procurement Act, applicable GPPB issuances, and COA regulations.

SEC. 14. Capacity-Building Support for LGUs. - The

2 DepEd shall provide technical assistance to LGUs with 3 lower administrative or technical capacity to enable their participation in the CAP, and to prevent inequitable access to CAP resources. The assistance may include project development support, preparation of plans, and 7 procurement and contract management guidance. Such support shall not exempt LGU proponents from 9 meeting the eligibility requirements for participation in the CAP, as provided under Section 6 of this Act.

SEC. 15. Leasing and Acquisition of Facilities. - The

DepEd is authorized to lease facilities from any public or private entity, and to purchase land and/or buildings for use as classrooms: Provided, That such facilities are suitable for educational purposes, and are compliant with the DepEd's MPSS. The DepEd shall pay rental fees or 17 purchase costs in accordance with applicable budgeting, procurement, accounting, and auditing rules and regulations. Cost ceilings, as determined in Section 11 of

this Act, shall be considered in the leasing and acquisition of classroom facilities.

SEC. 16. Income Tax Deductions for Private Entities. -

4 The provisions of Republic Act No. 8525 or the "Adopt-a- School Act of 1998" relative to the additional deduction for expenses incurred by private entities shall be adopted as 7 far as practicable.

SEC. 17. Joint Congressional Oversight Committee. -

9 The CAP Joint Congressional Oversight Committee 10 (JCOC), which shall set the overall framework to review 11 the implementation of this Act, is hereby created and shall 12 be constituted upon the effectivity of this Act. The CAP JCOC shall be composed of eight (8) members with the chairpersons of the Committee of Basic Education of the Senate and Committee of Basic Education and Culture of the House of Representatives as Co-Chairpersons; and three (3) members from each House, one (1) of whom shall come from the minority, to be designated by the Senate President and the Speaker of the

1 House of Representatives, respectively. For purposes of determining remedial legislation. the CAP JCOC shall, within five (5) years after the effectivity of this Act, 4 conduct a review which shall include a systematic 5 evaluation of the accomplishments of the CAP and the performance of its implementing agencies.

SEC. 18. Sunset Provision. - The CAP shall remain in

effect until the national classroom backlog has been resolved, as certified by the DepEd and validated by Congress.

SEC. 19. Appropriations. - The amount necessary to

implement this Act shall be charged against the DepEd's Basic Educational Facilities Fund (BEFF) as provided in the annual General Appropriations Act.

SEC. 20. Implementing Rules and Regulations. -

Within sixty (60) days from effectivity of this Act, the DepEd, in coordination with the DBM, Department of the 18 Interior and Local Government. League of Municipalities of the Philippines, League of Cities of the Philippines, and

other relevant government agencies and CSOs, shall formulate and issue the necessary rules and regulations for the immediate implementation of this Act.

SEC. 21. Separability Clause. - If any provision of this

5 Act is declared unconstitutional, the remainder thereof not otherwise affected shall remain in full force and effect.

SEC. 22. Repealing Clause. - All laws, presidential

decrees, executive orders, letters instruction, 9 proclamations, administrative orders, rules, or regulations 10 that are inconsistent with the provisions of this Act are 11 hereby repealed or modified accordingly.

SEC. 23. Effectivity. - This Act shall take effect after

13 fifteen (15) days following its publication in the Official 14 Gazette or in a newspaper of general circulation. Approved,