2004-05-24

NPM 073-2004

Requesting Entity: Municipality of Angono, Rizal

Issues Concern: Undertaking of Procurement Projects “By Administration”

 

Details

Whether or not Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A) allow projects to be undertaken by the procuring entity through administration.

It appears from the above-quoted provision (Sec. 53(b), IRR-A) that procuring entities may opt to undertake projects “by administration” only in the cases specified therein. These are as follows: (a) imminent danger to life or property during a state of calamity; (b) time is of the essence arising from natural or man-made calamities; (c) other causes where immediate action is necessary to prevent damage to or loss of life or property; or (d) to restore vital public services.

Applying the principle of expressio unius est exclusio alterius (express mention is implied exclusion) which means that the express mention of one thing, will as a general rule, exclude others not mentioned, procuring entities cannot undertake a project “by administration” other than in the cases specifically mentioned in Section 53(b) of the IRR-A of R.A. 9184.

In view of the foregoing, we are of the opinion that projects may still be implemented “by administration,” provided however, that any of the situations specified in Section 53(b) of the IRR-A of R.A. 9184 is present.