2004-04-20

NPM 053-2004

Requesting Entity: Office of the Mayor – Municipality of Bagamanoc, Catanduanes

Issues Concern: Request for Deferment of the Implementation of Republic Act No. 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A)

 

Details

Although the GPPB acts as an agent of the legislature insofar as it is authorized to promulgate rules and regulations in the exercise of its quasi- legislative functions or rule-making power, as sanctioned by Section 63 of R.A. 9184, such authority is limited only to supplementary or detailed and interpretative legislations. R.A. 9184 did not grant the GPPB the quasi- legislative authority of contingent legislation or the power to determine some facts or state of things upon which the enforcement of law depends. In other words, the GPPB is bereft of a legislative delegated authority to determine within its discretion or “to ascertain, under and pursuant to law, some circumstances on which the law by its own terms, makes its own action depend, or to find the facts or conditions properly prescribed under which a law as passed will or will not operate, that is, for putting in effect, applying or suspending a law.”

[W]e regret to inform you that the GPPB has no power to grant such request of deferring the implementation of any of the provisions of R.A. 9184 and its IRR-A. While we understand the difficulties that your municipality are presently experiencing in adjusting to the reforms institutionalized by our new procurement law, which at times, derail your projects, we cannot act beyond the statutory limits of our conferred authority just to accommodate convenience and practicality. The GPPB as an agent of the legislature is limited to the jurisdiction and powers expressly granted to it or necessarily implied from the provisions of R.A, 9184, which created such body. It must strictly perform its legal mandate through sound policy formulation within the limits of its delegated quasi- legislative authority, and enforce the mandatory provisions of R.A. 9184 and its IRR-A.