Criminalizing Negligent Contractors Act

Office of the e TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 19 P12:58 SENATE RECEIVED BY. Senate Bill No. 1876 Introduced by Senator Erwin T. Tulfo AN ACT CRIMINALIZING NEGLIGENCE ON GOVERNMENT PROJECTS WHOSE QUALITY OF WORK IS BELOW PRESCRIBED STANDARDS EXPLANATORY NOTE Article II, Section 27 of the 1987 Constitution provides that the State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. This Constitutional mandate underscores the duty of the government to ensure that public office remains a public trust and that public funds are safeguarded against misuse, abuse, and neglect. Our public infrastructure is funded by the hard-earned money of the Filipino people and is meant to serve the public safely and efficiently. However, reports of substandard construction and structural failures reveal serious lapses in supervision, compliance, and accountability, often exploited by corrupt officials and private contractors. Defective public works waste funds, endanger lives, disrupt economic activity, and erode public trust in government institutions. While existing laws penalize graft, corruption, and technical malversation, there remains a need to specifically address criminal negligence in the execution, supervision, and acceptance of government projects where the quality of work falls beneath legally

mandated standards. This measure seeks to fill that gap by clearly defining liability, prescribing penalties for responsible public officials, contractors, engineers, and other involved parties, and establishing mechanisms for stricter accountability. In view of the foregoing, the immediate passage of this bill is earnestly sought. ERWIN T. TULFO -

Offire of the see TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 19 P12:58 RECEIVED BY. SENATE Senate Bill No. 1876 Introduced by Senator Erwin T. Tulfo AN ACT CRIMINALIZING NEGLIGENCE ON GOVERNMENT PROJECTS WHOSE QUALITY OF WORK IS BELOW PRESCRIBED STANDARDS Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the

2 "Criminalizing Negligent Contractors Act."

SEC. 2. Declaration of Policy. - The State shall promote the

5 integrity of government projects by ensuring the optimum quality with 6 which they are undertaken.

SEC. 3. Prohibited Acts. - Any contractor, subcontractor, or

9 person acting on their behalf who, through gross negligence, causes the 10 quality of work on a government project to fall below the standards prescribed in the contract, applicable laws, or technical specifications, shall be held criminally liable. Gross negligence under this Act includes, but is not limited to, acts or omissions that result in material deviation from contract specifications or approved plans; compromise 15 of structural integrity or public safety; or use of substandard materials.

SEC. 4. Penalties. - Any person, including contractors,

subcontractors, corporate officers, government employees, or juridical 3 entity found guilty of gross negligence under this Act, whether as principal, accomplice, or accessory, shall suffer the penalty of imprisonment of not less than six (6) years but not more than twelve 6 (12) years, or a fine of not less than Ten Million Pesos 7 (P10,000,000.00), or both at the discretion of the Court. In addition, the 8 court shall automatically impose, alongside the principal penalty, the accessory penalty of perpetual disqualification from holding public 10 office and from participating, directly or indirectly, in any government procurement or project.

SEC. 5. Separability Clause. - Should any provision of this Act

or part hereof be declared unconstitutional, the other provisions or parts not affected thereby shall remain valid and effective.

SEC. 6. Repealing Clause. - All laws, decrees, executive orders,

issuances, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 7. 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,