Legal Basis
Bantay Proyekto operates under the framework of Philippine laws promoting transparency, accountability, and citizen participation in government.
Constitutional Foundation
The 1987 Philippine Constitution guarantees the right of the people to information on matters of public concern (Article III, Section 7) and mandates that public officers and employees shall at all times be accountable to the people (Article XI, Section 1). Bantay Proyekto is designed to help realize these constitutional principles through technology.
Republic Act No. 9184
Government Procurement Reform Act
Enacted: 2003
Modernizes, standardizes, and regulates the procurement activities of the Government of the Philippines. It mandates transparency in all government procurement through public bidding and publication of bid opportunities.
Key Provisions:
- Mandatory public bidding for government contracts
- Philippine Government Electronic Procurement System (PhilGEPS)
- Publication of Invitation to Bid and awards
- Observers from civil society in bid openings
- Blacklisting of erring contractors
Republic Act No. 6713
Code of Conduct and Ethical Standards for Public Officials and Employees
Enacted: 1989
Establishes a code of conduct and ethical standards for public officials and employees to uphold the time-honored principle of public office being a public trust.
Key Provisions:
- Commitment to public interest over personal interest
- Professionalism and excellence in public service
- Simple living and financial disclosure (SALN)
- Transparency and accessibility of public transactions
- Prohibition on soliciting gifts
Executive Order No. 2, s. 2016
Freedom of Information (FOI)
Enacted: 2016
Operationalizes the constitutional right of the people to information on matters of public concern. It covers all government offices under the Executive Branch.
Key Provisions:
- Public access to official records and documents
- Presumption of openness in government
- Proactive disclosure of information
- Protection of whistleblowers
- Exceptions for classified and sensitive information
Republic Act No. 7160
Local Government Code of 1991
Enacted: 1991
Provides for the structure and powers of local government units (LGUs), including provisions on transparency, accountability, and citizen participation.
Key Provisions:
- Local development councils with NGO participation
- Full disclosure policy for LGU budgets
- Public access to local records
- Recall elections for erring officials
- Local special bodies for oversight
Republic Act No. 9485
Anti-Red Tape Act of 2007
Enacted: 2007
Improves efficiency in the delivery of government service to the public by reducing bureaucratic red tape and preventing graft and corruption.
Key Provisions:
- Citizen's Charter for all government agencies
- Maximum processing time for applications
- No noon break policy for frontline services
- Penalties for fixers and corrupt officials
- Report Card Survey for citizen feedback
Republic Act No. 10173
Data Privacy Act of 2012
Enacted: 2012
Protects individual personal information, creating the National Privacy Commission to administer and implement the provisions of the law.
Key Provisions:
- Rights of data subjects (access, rectification, erasure)
- Principles of transparency, legitimate purpose, proportionality
- Data Protection Officer requirement
- Breach notification requirements
- Penalties for unauthorized processing
Commission on Audit (COA) Regulations
The Commission on Audit issues circulars and guidelines that govern the audit of government projects. Key COA issuances relevant to project monitoring include:
- COA Circular No. 2012-003 - Guidelines on the Prevention and Disallowance of Irregular, Unnecessary, Excessive, Extravagant and Unconscionable Expenditures
- COA Circular No. 2009-001 - Guidelines on the Audit of Infrastructure Projects
- COA Circular No. 2013-004 - Posting of Bid Results and Contract Awards
Disclaimer: This page provides a summary of relevant laws for informational purposes only. For legal advice or the complete text of these laws, please consult the official sources or a qualified legal professional.