Requesting Entity: West Visayas State University
Issues Concern: Acquisition of a Condominium Unit
Whether or not the acquisition of a condominium unit for office space is governed by the provisions of the IRR-A of R.A. 9184.
Among the exemptions provided under the IRR-A of R.A. 9184 from its application is the acquisition of real property as provided under Section 1(a) thereof.
However, the purchase or lease of office space, although clearly an acquisition of real property, is governed by the provisions of R.A. 9184 and its IRR-A as it is considered an analogous or related service under Section 5(k) of the IRR-A of R.A. 9184. For this reason, the purchase of office space is considered an exemption to the exemption and should therefore be strictly interpreted as limited only to purchase of real property for purposes of being used as an office space.
In this regard, the acquisition of a condominium unit intended to be used as an office space should be governed by the provisions of R.A. 9184 and its IRR-A on the procurement of goods. It should be noted that, being covered by R.A. 9184 and its IRR-A, alternative methods of procurement may be resorted in case situations mentioned therein are present in the said acquisition.