EXECUTIVE ORDER NO. 419 August 22, 1990
PROMULGATING THE RULES AND REGULATIONS TO IMPLEMENT REPUBLIC ACT NO. 6960 ENTITLED "AN ACT APPROPRIATING THE SUM OF TEN BILLION PESOS FOR THE AID, RELIEF, AND REHABILITATION SERVICES, TO PERSONS AND AREAS AFFECTED AND FOR THE SURVEY, REPAIR AND RECONSTRUCTION OF GOVERNMENT INFRASTRUCTURE DAMAGED OR DESTROYED BY THE EARTHQUAKES OF JULY 16, 1990 AND THEIR AFTERSHOCKS"
Pursuant to the powers vested in me by law, I, CORAZON C. AQUINO, President of the Philippines, do hereby order:
Sec. 1. This Executive Order hereby promulgates the rules and regulations implementing Republic Act No. 6960 which was approved on August 7, 1990 and became effective on August 9, 1990, the said law having been published on said date in two (2) national newspapers of general circulation.
Sec. 2. As used in this Executive Order, the following definition of terms shall govern.
a) The term "victims" refers to individuals who sustained serious injuries or suffered death in the family as a result of the earthquakes which...
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Executive Orders
Promulgating the Rules and Regulations To Implement Republic Act No. 6960 Entitled "An Act Appropriating the Sum of Ten Billion Pesos For the Aid, Relief, and Rehabilitation Services, To Persons and Areas Affected and For the Survey, Repair and Reconstruction of Government Infrastructure Damaged Or Destroyed By the Earthquakes of July 16, 1990 and Their Aftershocks"
Executive Order No. 419
EXECUTIVE ORDER NO. 419
Summary:
- Promulgates rules and regulations to implement Republic Act No. 6960 which appropriated 10 billion pesos for aid, relief, rehabilitation services, survey, repair and reconstruction of government infrastructure damaged by the July 16, 1990 earthquakes and aftershocks. (Sec. 1)
Definitions (Sec. 2):
- "Victims" refers to individuals who sustained injuries, suffered death in family, or whose homes were destroyed/uninhabitable due to the earthquakes.
- "Aid" or "relief" refers to assistance like food, clothing, shelter, money to help life return to normal.
- "Repair" refers to making a facility usable or serviceable even partially or temporarily within a short period.
- "Reconstruction" refers to restoring a facility to original condition, strengthening it, or constructing a similar facility in another location.
- "Presidential Task Force on Rehabilitation" refers to the task force created under Memorandum Order No. 311.
Objectives and Responsible Agencies (Sec. 3):
- Projects must contribute to preservation of life, restoration of homes, and/or resumption of production.
- Agencies responsible for identifying projects in their jurisdiction:
- DPWH for roads, highways, bridges, flood control, water supply, public buildings
- PNR for railways
- PPA for ports
- ATO/DOTC for airports
- PSO/DOTC for post offices
- TO/DOTC for telecommunication facilities
- NPC for power facilities
- NEA for electrification facilities
- NIA for irrigation facilities
- DECS for school buildings
- DOH for hospitals, health centers, public health programs
- NHA for housing facilities
- DND for defense facilities
- EPZA for export processing zone facilities
- DSWD for social welfare projects
- LWUA for water supply facilities (Levels II and III)
- DA, DAR, DENR, DOLE, DTI, DECS, DILG, DOT, NLSF for livelihood and emergency employment projects
Project Prioritization Criteria (Sec. 4):
- Economic importance of the facility, preference for those contributing to production and distribution of essential goods
- Social significance of the facility, emphasis on those providing basic shelter, health, education services to large/depressed communities
- Structural condition of the facility, attention to unsafe or prone to further damage facilities
- Feasibility of repair/reconstruction works, emphasis on those that can start quickly and complete within a short period
Priority Infrastructure Types:
- Opening and rehabilitation of blocked major transport routes to restore movement of goods, services, people
- Restoration of power, water, irrigation, flood control, communication services
- Rehabilitation of social infrastructure like schools, hospitals, public markets with structural damage and temporary shelters
Levels of Repair and Reconstruction Work (Sec. 5):
- Level I: Basic emergency repair to make facility usable/serviceable even partially or temporarily, completed within 1-2 months
- Level II: Reconstruction/restoration to original condition, strengthening, improvement, relocation to make it resistant to calamities like earthquakes, completed within 6 months to 2 years
- Level III: Reconstruction of damaged infrastructure, development of new facilities to minimize future disruption, completed within 2-5 years
- Projects under Levels I and II will normally be implemented, but Level III projects may also be implemented if extremely urgent and necessary
Project Identification, Prioritization, Programming, Fund Allocation (Sec. 6):
- Presidential Task Force to undertake this within 3 months from August 9, 1990
- Agencies to identify damaged facilities, extent/impact of damage, required repair/reconstruction works, cost estimates, implementation periods, prioritize based on criteria, prepare preliminary program with project list, damage description, work description, cost estimates, implementation schedule, cash flow
- Agencies to consult with local/national officials on rehabilitation projects
- Agency program to be submitted to the President for final approval
Procurement and Implementation Procedures (Sec. 7):
- Engineering Services: Agencies may engage consultants to assist/advise
- Project Implementation Modes:
1. Administration/force account for Level I or difficult to quantify scope within agency/LGU capability
2. Negotiated contract for urgent Level I and II works beyond agency/LGU capability, involving structural damage, imminent danger, significant losses, time is of essence; can be entered into within 6 months from effectivity of RA 6960
3. Contract after public bidding for less urgent Level II and III projects not completable within 1 year, following PD 1594 as much as possible but with shortened notice/evaluation periods
- All funds for contracts to be obligated within 1 year from effectivity of RA 6960
Supervision and Employment (Sec. 8):
- Supervision by implementing agency/LGU through own units and/or consultants, following technical standards
- Preference to be given to residents of affected areas, especially victims, in hiring workers
Assistance to Earthquake Victims (Sec. 9):
- To address immediate survival and normalization of lives
- Survival assistance: shelter, communal meals, subsidized food/clothing, health services, money for medical/funeral expenses
- Normalization assistance: resettlement, employment placement, school placement, loans/grants for livelihood projects, deferment/restructuring of obligations
Implementation of Victim Assistance (Sec. 10):
- DSWD primarily responsible for identifying eligible persons and assistance needs
- Assistance to be extended by concerned agencies in coordination with DSWD
Reporting (Sec. 11):
- Agencies to submit quarterly reports to the President through Presidential Task Force, for consolidation and transmittal to Congress, on:
- Funds allocated for aid/relief services and repair/reconstruction projects
- List of infrastructure projects financed
- List of approved individual beneficiaries
- Purpose of fund utilization
- Accomplishments, percentage of project completion
- Evaluation of effectiveness of relief service delivery system
Investigation and Prosecution (Sec. 12):
- DOJ to investigate and prosecute violations of penal laws, rules and regulations related to utilization and application of funds under RA 6960
- DOJ authorized to avail services of law enforcement agencies as necessary
Effectivity (Sec. 13):
- Executive Order takes effect immediately upon publication in two national newspapers of general circulation.
Summary:
- Promulgates rules and regulations to implement Republic Act No. 6960 which appropriated 10 billion pesos for aid, relief, rehabilitation services, survey, repair and reconstruction of government infrastructure damaged by the July 16, 1990 earthquakes and aftershocks. (Sec. 1)
Definitions (Sec. 2):
- "Victims" refers to individuals who sustained injuries, suffered death in family, or whose homes were destroyed/uninhabitable due to the earthquakes.
- "Aid" or "relief" refers to assistance like food, clothing, shelter, money to help life return to normal.
- "Repair" refers to making a facility usable or serviceable even partially or temporarily within a short period.
- "Reconstruction" refers to restoring a facility to original condition, strengthening it, or constructing a similar facility in another location.
- "Presidential Task Force on Rehabilitation" refers to the task force created under Memorandum Order No. 311.
Objectives and Responsible Agencies (Sec. 3):
- Projects must contribute to preservation of life, restoration of homes, and/or resumption of production.
- Agencies responsible for identifying projects in their jurisdiction:
- DPWH for roads, highways, bridges, flood control, water supply, public buildings
- PNR for railways
- PPA for ports
- ATO/DOTC for airports
- PSO/DOTC for post offices
- TO/DOTC for telecommunication facilities
- NPC for power facilities
- NEA for electrification facilities
- NIA for irrigation facilities
- DECS for school buildings
- DOH for hospitals, health centers, public health programs
- NHA for housing facilities
- DND for defense facilities
- EPZA for export processing zone facilities
- DSWD for social welfare projects
- LWUA for water supply facilities (Levels II and III)
- DA, DAR, DENR, DOLE, DTI, DECS, DILG, DOT, NLSF for livelihood and emergency employment projects
Project Prioritization Criteria (Sec. 4):
- Economic importance of the facility, preference for those contributing to production and distribution of essential goods
- Social significance of the facility, emphasis on those providing basic shelter, health, education services to large/depressed communities
- Structural condition of the facility, attention to unsafe or prone to further damage facilities
- Feasibility of repair/reconstruction works, emphasis on those that can start quickly and complete within a short period
Priority Infrastructure Types:
- Opening and rehabilitation of blocked major transport routes to restore movement of goods, services, people
- Restoration of power, water, irrigation, flood control, communication services
- Rehabilitation of social infrastructure like schools, hospitals, public markets with structural damage and temporary shelters
Levels of Repair and Reconstruction Work (Sec. 5):
- Level I: Basic emergency repair to make facility usable/serviceable even partially or temporarily, completed within 1-2 months
- Level II: Reconstruction/restoration to original condition, strengthening, improvement, relocation to make it resistant to calamities like earthquakes, completed within 6 months to 2 years
- Level III: Reconstruction of damaged infrastructure, development of new facilities to minimize future disruption, completed within 2-5 years
- Projects under Levels I and II will normally be implemented, but Level III projects may also be implemented if extremely urgent and necessary
Project Identification, Prioritization, Programming, Fund Allocation (Sec. 6):
- Presidential Task Force to undertake this within 3 months from August 9, 1990
- Agencies to identify damaged facilities, extent/impact of damage, required repair/reconstruction works, cost estimates, implementation periods, prioritize based on criteria, prepare preliminary program with project list, damage description, work description, cost estimates, implementation schedule, cash flow
- Agencies to consult with local/national officials on rehabilitation projects
- Agency program to be submitted to the President for final approval
Procurement and Implementation Procedures (Sec. 7):
- Engineering Services: Agencies may engage consultants to assist/advise
- Project Implementation Modes:
1. Administration/force account for Level I or difficult to quantify scope within agency/LGU capability
2. Negotiated contract for urgent Level I and II works beyond agency/LGU capability, involving structural damage, imminent danger, significant losses, time is of essence; can be entered into within 6 months from effectivity of RA 6960
3. Contract after public bidding for less urgent Level II and III projects not completable within 1 year, following PD 1594 as much as possible but with shortened notice/evaluation periods
- All funds for contracts to be obligated within 1 year from effectivity of RA 6960
Supervision and Employment (Sec. 8):
- Supervision by implementing agency/LGU through own units and/or consultants, following technical standards
- Preference to be given to residents of affected areas, especially victims, in hiring workers
Assistance to Earthquake Victims (Sec. 9):
- To address immediate survival and normalization of lives
- Survival assistance: shelter, communal meals, subsidized food/clothing, health services, money for medical/funeral expenses
- Normalization assistance: resettlement, employment placement, school placement, loans/grants for livelihood projects, deferment/restructuring of obligations
Implementation of Victim Assistance (Sec. 10):
- DSWD primarily responsible for identifying eligible persons and assistance needs
- Assistance to be extended by concerned agencies in coordination with DSWD
Reporting (Sec. 11):
- Agencies to submit quarterly reports to the President through Presidential Task Force, for consolidation and transmittal to Congress, on:
- Funds allocated for aid/relief services and repair/reconstruction projects
- List of infrastructure projects financed
- List of approved individual beneficiaries
- Purpose of fund utilization
- Accomplishments, percentage of project completion
- Evaluation of effectiveness of relief service delivery system
Investigation and Prosecution (Sec. 12):
- DOJ to investigate and prosecute violations of penal laws, rules and regulations related to utilization and application of funds under RA 6960
- DOJ authorized to avail services of law enforcement agencies as necessary
Effectivity (Sec. 13):
- Executive Order takes effect immediately upon publication in two national newspapers of general circulation.