Gross negligence by contractors and subcontractors resulting in substandard or unsafe public infrastructure may soon constitute a criminal offense.
House Bill No. 2811, or the “Criminalizing Negligent Contractors Act,” filed by Ilocos Norte 1st District Rep. Ferdinand Alexander A. Marcos, seeks to impose criminal liability on contractors and subcontractors whose gross negligence in government-funded projects results in infrastructure that falls below prescribed contractual, legal, or technical standards.
Under the measure, gross negligence is defined as acts or omissions—such as material deviation from approved plans, compromise of structural integrity or public safety, or the use of substandard materials—that undermine the public interest.
The bill establishes as state policy to “promote the integrity of government projects by ensuring the optimum quality with which they are undertaken,” and to outlaw negligence in the execution of public works.
Moreover, it underscores that compliance with safety and quality standards is not merely procedural, but essential to protecting public welfare and ensuring the long-term value of state investments.
Principals, accomplices, and accessories—including corporate officers, government employees, and juridical entities—found guilty may face imprisonment ranging from six to twelve years, or a fine of not less than ₱10 million, or both, at the discretion of the court.
In addition, the bill mandates the automatic imposition of perpetual disqualification from holding public office and from participating, directly or indirectly, in any government procurement or infrastructure project.
In the bill’s explanatory note, Marcos cited the Constitution’s mandate that the State “shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption,” stressing that accountability must also extend to gross negligence that can lead to wasteful spending, substandard outputs, and threats to public safety.
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