Author Topic: RA 5183: A Filipino-first law  (Read 432 times)

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 3550
    • View Profile
    • The ADROTH Project
RA 5183: A Filipino-first law
« on: September 09, 2017, 09:41:46 AM »
From: http://www.lawphil.net/statutes/repacts/ra1967/ra_5183_1967.html

REPUBLIC ACT No. 5183

AN ACT REGULATING THE AWARD OF CONTRACTS FOR THE SUPPLY TO, OR PROCUREMENT BY, ANY GOVERNMENT-OWNED OR CONTROLLED CORPORATION, COMPANY, AGENCY OR MUNICIPAL CORPORATION OF MATERIALS, EQUIPMENT, GOODS AND COMMODITIES, AND PROVIDING PENALTY FOR THE VIOLATION THEREOF.

Section 1. No contract either through a public bidding or negotiated contract for the supply to, or procurement by, any government-owned or controlled corporation, company, agency or municipal corporation of materials, equipment, goods and commodities shall be awarded to any contractor or bidder who is not a citizen of the Philippines or which is not a corporation or association at least sixty percent of the capital of which is owned by Filipino citizens, except, as to a citizen, corporation or association of a country the laws or regulations of which grant similar rights or privileges to citizens of the Philippines. In the latter case the Flag Law shall continue to be applicable.

Section 2. Any violation of this Act shall be punished with a fine of not less than five thousand pesos and not more than ten thousand pesos and imprisonment of not less than two years and not more than four years. If the violation is committed by a corporation or association, the penalty shall be imposed upon the president, director or directors, managers, managing partner, or other official thereof responsible for such violation. Any alien violating or responsible for the violation of this Act shall, upon completion of the service of sentence, be deported without any further proceedings on the part of the Deportation Board. Any government official or employee who violates this Act, shall, in addition to the penalty which may be imposed upon him as principal, be temporarily or perpetually disqualified from holding any public office.

Section 3. Any law or parts of laws inconsistent herewith are hereby repealed.

Section 4. This Act shall take effect upon its approval.

Approved: September 8, 1967.

adroth

  • Administrator
  • Boffin
  • *****
  • Posts: 3550
    • View Profile
    • The ADROTH Project
Re: RA 5183: A Filipino-first law
« Reply #1 on: September 09, 2017, 07:48:47 PM »
The AFP Modernization Law has its own section that supports this goal.

Quote
Sec. 10. Self-Reliant Defense Posture Program. (a) In implementing the modernization program, the AFP shall, as far as practicable, give preference to Filipino contractors and suppliers or to foreign contractors or suppliers willing and able to locate a substantial portion of, if not the entire, production process of the term(s) involved, within the Philippines.

(b) In order to reduce foreign exchange outflow, generate local employment opportunities and enhance technology transfer to the Philippines, the Secretary of National Defense shall, as far as feasible, incorporate in each contract/agreement special foreign exchange reduction schemes such as countertrade, in country manufacture, co-production , or other innovative arrangements or combinations thereof.

(c) The AFP likewise ensure that in negotiating all applicable contracts or agreements, provisions are incorporated respecting the transfer to the AFP of the principal technology involved as well as the training of AFP personnel to operate and maintain such equipment or technology.