NPM No. 059-2015
Requesting Entity: Westfield Pharmaceuticals, Inc.
Issues Concern: Domestic Preference
Applicability of Rule XII, Section 43 of the revised Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9184 pertaining to Domestic Preference.
[W]ith the recent enactment of RA 10667 or the Philippine Competition Act the preference given to Domestic Entities has been removed. Section 55(b) thereof expressly repealed Section 4 of CA 138, which is the basis for the preference to Domestic Entities. Henceforth, only Domestic Bidders may invoke domestic preference.
All told, at present, the preference given under Section 43 of RA 9184 and its IRR, in relation to the provisions of CA 138 and RA 10667, shall only be applied to Domestic Bidders, subject to the compliance with the conditions for its application under existing rules and regulations.