2004-02-11

NPM 012-2004

Requesting Entity: Office of the City Mayor of Alaminos, Pangasinan

Issues Concern: Chairman of the Bids and Awards Committee (BAC) in Local Government Units (LGUs)

 

Details

What is the proper interpretation of the phrase “at least a third ranking permanent official of the procuring entity”?

It must be stressed that although the latter-quoted provision (Section 11.2.2, IRR-A) is included in Section 11.2.1, referring to the BAC composition in national government agencies (NGAs), departments, bureaus, offices or instrumentalities of the Government, including the judiciary and legislative branches, constitutional commissions, state universities and colleges (SUCs), government-owned and/or –controlled corporations (GOCCs) and government financial institutions (GFIs), the same is applicable even to Section 11.2.2, where the term “permanent” also refers to a plantilla position. This being so, the phrase “third ranking permanent official” under Section 11.2.2 shall mean a third ranking official occupying a plantilla position in the procuring entity concerned.

Consequently, may the City Administrator, a permanent official whose tenure is coterminous with the appointing authority, be elected as the Chairman of the BAC?

Considering that the City Administrator is a third-ranking official occupying a plantilla position, there is no reason why he cannot be elected as Chairman of the BAC. The fact that his tenure of office is coterminous with the appointing authority is not an issue since, as already stated, the term “permanent” has been interpreted to include any plantilla position for purposes of determining the ranking of a public official. Consequently, for purposes of R.A. 9184 and its IRR-A, the term permanent” shall refer to the nature of position and not to the nature of the appointment, whether permanent or coterminous, or the person of the appointee occupying the position.