2008-09-26

NPM 031-2008

Requesting Entity: Overseas Workers Welfare Administration

Issues Concern: Downwards Adjustment of ABC

 

Details

Whether or not the ABC may be adjusted downwards and the technical specifications changed without re-posting and/or re-advertising.

Inarguably, the [GPPB Resolution 07-2005] provisions are clear and unequivocal. Hence, the well-established principle of statutory construction that where the law speaks in clear and categorical language, there is no room for interpretation or construction; there is only room for application holds true in this case.

Based on [GPPB Resolution 07-2005], this office is of the view that OWWA-POEA can legally adjust the ABC downwards, provided that: (1) the adjustment is made to reflect current market prices and/or to suit actual field conditions of the project; and (2) a re-bidding with re-advertisement and/or re-posting is conducted.