Senate President Pro Tempore Panfilo “Ping” M. Lacson on Thursday called for stricter safeguards in a proposed measure aimed at speeding up the construction of classrooms, warning that gaps in the bill could open doors to conflict of interest, or even a repeat of the multi-billion-peso “Napoles scam.”
During his interpellation on Senate Bill 1482, authored by Sen. Bam Aquino, Lacson said he fully supports efforts to accelerate the government’s classroom and school-building program.
However, he flagged provisions involving the participation of non-government organizations (NGOs) and civil society organizations (CSOs), cautioning that their roles must not blur lines that could allow abuse.
“If we involve NGOs and they will actively participate in bidding, monitoring, etc., there is conflict of interest,” Lacson said.
“Probably we can include a caveat, that provided they will not monitor themselves. At the proper time, maybe we can use the proper language to clarify that particular issue,” he added.
He noted that the Government Procurement Act of 2024 (RA 12009) limits NGO involvement to instances where an appropriations law specifically earmarks funds to be contracted out to them.
Likewise, the law restricts CSOs and people’s organizations to observer roles in the procurement process precisely to avoid conflicts of interest.
“There goes the problem,” he said.
“If we involve CSOs in the construction of buildings, one way or another, indirectly or directly, and the definition of NGOs and CSOs are interchanged, we might have a Napoles situation. How do we resolve this issue?,” he further lamented.
Lacson was referring to the infamous pork barrel scam of the 2010s, in which trader Janet Lim-Napoles used a network of fake NGOs to siphon off billions of pesos from lawmakers’ Priority Development Assistance Fund.
Unspent classroom funds
The senator also sought clarification on the status of P54.883 billion in unspent funds under the P91.279-billion Basic Education Facilities Fund (BEFF) from 2022 to 2025.
He pointed out that only P36 billion had been utilized, resulting in 7,172 completed classrooms and 4,962 still under construction.
The BEFF covers the construction, repair and rehabilitation of school buildings, as well as utilities such as water and electrical installations.
Aquino responded that from 2022 to 2025, only the Department of Public Works and Highways (DPWH) was authorized to construct classrooms—one of the bottlenecks his bill seeks to address by allowing local government units (LGUs) and qualified NGOs to participate. He added that while the 2025 allocation may be realigned, he would verify the status of funds from 2022 to 2024.
Aquino also noted that construction costs vary significantly depending on the implementing body. While the DPWH’s standard cost per classroom stands at P3.5 million, LGUs can build the same for P1.5 million to P2 million, and CSOs for P800,000 to P1.3 million.
The senator said this cost efficiency is one of the reasons behind the proposal to expand the role of LGUs and NGOs, subject to safeguards that prevent misuse.
As deliberations continue, Lacson stressed that the intent of the bill is commendable, but warned that without clear guardrails, this might open the door to the “very abuses” that the legislative body is are "trying to prevent.”