Penalizing Contractors And Subcontractors Who Violate Any Material Provisions Of Contracts Involving Public Works Projects Of The Government, And Public Officials Who Allow Such Violations,

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PRESIDENTIAL DECREE No. 1759

PENALIZING CONTRACTORS AND SUBCONTRACTORS WHO VIOLATE ANY MATERIAL PROVISIONS OF CONTRACTS INVOLVING PUBLIC WORKS PROJECTS OF THE GOVERNMENT, AND PUBLIC OFFICIALS WHO ALLOW SUCH VIOLATIONS, AND FOR OTHER PURPOSES

WHEREAS, it has been observed that many government projects involving public works are being constructed below specifications as to materials, quality and quantity of work in violation of substantial provisions and requirements of the contract;

WHEREAS, the government has suffered tremendous losses as a result of said violations; and

WHEREAS, there is a necessity to curb this flagrant irregularities in the prosecution or execution of government projects;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President/Prime Minister of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Any provisions of law to the contrary notwithstanding, contractors and sub-contractors who violate any material provisions of contracts involving public works projects, either as to materials, quality and quantity of work, resulting to the prejudice...

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Summary of Presidential Decree No. 1759

Penalties for Contractors and Subcontractors Violating Public Works Contracts
- Contractors and subcontractors who violate any material provisions of contracts involving public works projects, either as to materials, quality and quantity of work, resulting in prejudice to the government, shall suffer the penalty of: (Section 1)
    - Imprisonment of 12 years to life, at the discretion of the court
    - Perpetual disqualification from participating in any government contracts
    - Liable for the cost of reconstructing the public works project according to agreed specifications
    - For corporations, partnerships, or associations, the President, General Manager, or any responsible chief executive officer/officers shall be liable

Penalties for Public Officials Allowing Violations
- Any public official who, by reason of their duties, consents or through abandonment or negligence permits the contractor or subcontractor to commit the violations mentioned in Section 1, shall suffer the penalty of: (Section 2)
    - Imprisonment of 12 years to life
    - Perpetual disqualification from holding any public office

Repealing Clause and Effectivity
- Any provisions of law, decree, executive order, or any issuance inconsistent with this Decree are hereby repealed and/or modified accordingly (Section 3)
- This Decree shall take effect immediately (Section 4)