Question & AnswerQ&A (Republic Act No. 6685)
The main purpose of Republic Act No. 6685 is to require private contractors awarded national, provincial, city, and municipal public works projects to hire at least fifty percent of unskilled labor and thirty percent of skilled labor from bona fide residents of the locality where the project is undertaken.
All private contractors, including subcontractors, who are awarded contracts for public works projects by national or local government units, including foreign-assisted projects, must comply with the hiring requirements.
Contractors must hire at least fifty percent (50%) of unskilled labor and at least thirty percent (30%) of skilled labor from unemployed bona fide residents of the province, city, or municipality where the project is to be undertaken.
Yes, labor used for the manufacture of prefabricated construction materials and skilled manpower involved in preparing engineering designs, plans, and layouts conducted outside the project site are exempted. Also, if the available local labor pool is insufficient, the requirement is based on the maximum local labor available as certified by appropriate engineers.
The covered projects include national, provincial, city, municipal, and barangay public works such as roads, schools, power and water systems, piers, airports, and similar projects.
Projects of a highly technical scientific nature, defense and military installations under security requirements, and projects that can be undertaken by engineering battalions of the Armed Forces of the Philippines are excluded. However, if such strategic projects are contracted out to private firms, clearance from the Chief of Staff of the AFP or the Secretary of the Department of Science and Technology is required, and labor requirements apply.
Applicants must present a voters identification card, any reliable document of identification, or a certification from the barangay captain or a barangay council member that they are bona fide residents of the locality where the project will be undertaken.
Contractors or subcontractors must post conspicuous notices, in Filipino, English, or the local dialect, indicating that local residents are needed for the project, as designated by the local authorities.
For the first offense, a fine of twenty thousand pesos is imposed; for the second offense, suspension for one year from participating in public works bidding; and for the third offense, perpetual disqualification from participating in public works bidding.
Contractors must submit a sworn certificate of compliance including a list of the names of residents hired from the locality as part of every progress billing requirement.
The Act took effect upon its complete publication in at least two national newspapers of general circulation.