2004-08-24

NPM 117-2004

Requesting Entity: Senate of the Philippines

Issues Concern: Warranty Requirement Under Republic Act 9184 and its Implementing Rules and Regulations Part A

 

Details

Whether or not procurements which are of small amount and quantity may be exempted from the application of the requirement on posting of warranty security provided under Section 62.1 of the IRR-A of R.A. 9184.

As can be gleaned from the above-quoted provision (Section 62.1, IRR-A), it is mandatory for the contract awardee in procurement for goods to post a warranty security in any of the forms allowed therein. It is apparent that Section 62.1 of the IRR-A does not allow any exemption from its application. It has been repeatedly declared by the courts that where the law speaks in clear and categorical language, there is no room for interpretation or construction; there is only room for application.