Requesting Entity: Anti-Money Laundering Council
Issues Concern: Bids and Awards Committee (BAC) Composition of the Anti-Money Laundering Council (AMLC)
1. Whether or not the position of Deputy Director of the Legal Evaluation Unit of the AMLC Secretariat is considered a plantilla position under Republic Act 9184 (R.A. 9184) and its Implementing Rules and Regulations Part A (IRR-A).
As provided under Section 11.2.1 of IRR-A of R.A. 9184, the term “permanent” shall refer to a plantilla position within the procuring entity concerned. The term “permanent” does not refer to whether the person holding the plantilla position is contractual, regular, or appointed; rather, the concern specifically refers to whether the position exists within the organizational structure of the procuring entity or not.
For this reason, any person holding a position existing within the organizational structure of the procuring entity and possesses the required ranking may be designated as regular BAC member. The determining factor for regular membership in the BAC is not the employment status of the person but the position he is holding. In this regard, we believe that employment status notwithstanding, any person holding the position of Deputy Director of the Legal Evaluation Unit may be designated as member of the BAC.
2. Whether or not the Deputy Director of the Legal Evaluation Unit may be designated as AMLC BAC Chairman.
The AMLC, composed of the Governor of the BSP and the Commissioners of the Insurance Commission (“IC”) and Securities and Exchange Commission (“SEC”), is considered the head of the procuring entity and thus the first in rank.
It is counted and ranked as first (1st) since R.A. 9160 provides under Section 8 thereof that the AMLC shall act unanimously in the discharge of its functions. Therefore, the AMLC shall be considered as a collegial body, the actions of which are decided by the majority and not solely by its Chairman. This being the case, the second (2nd) in rank would have to be the Executive Director of the AMLC Secretariat and the third (3rd) would be any of the four (4) Deputy Directors therein.
In view of the foregoing, we are of the opinion that the designation of the Deputy Director of the Legal Evaluation Unit as BAC Chairman is valid and proper under the provisions of R.A. 9184 and its IRR-A for having complied with all the requirements set forth therein.