2004-03-29

NPM 037-2004-A

Requesting Entity: Province of Quirino, Cabarroguis

Issues Concern: Creation and Composition of the PBAC

 

Details

Whether or not R.A. 9184 and its IRR-A effectively repealed Chapter 5, Title One, Book One of R.A. 7160 which provides for the creation and composition of the PBAC.

It is apparent from the above-quoted provision (Section 76, R.A. 9184) that the repeal or amendment of Chapter Five, Title One, Book One of R.A. 7160 was not expressly stated therein. However, by reason of inconsistency and the principle of implied repeal by substitution, the provisions of Sections 37 38 of R.A. 7160 may be considered amended by the provisions of R.A. 9184, specifically with Article V, Sections 11 to 12 therein.

With respect to Section 38 of R.A. 7160 which provides for the creation of a Local Technical Committee to provide technical assistance to the PBAC, the same has been substituted with the Technical Working Group which the BAC may create from a pool of technical, financial and/or legal experts to assist in the procurement process.

In view of the foregoing, it is evident that the Legislature intended to amend the provisions of Chapter Five, Title One, Book One of R.A. 7160 through the provisions of R.A. 9184, albeit impliedly. We agree with the observation that implementing rules and regulations sometimes go in excess of the textual provisions of the law without reflecting its real intent. However, it is clear from the above discussions that the same does not hold true in the IRR-A of R.A. 9184 when it provided for the amendment of Chapter Five, Title One, Book One of R.A. 7160 in furtherance to the amendment provided by R.A. 9184 to Title Six, Book Two of R.A. 7160.