2004-03-25

PM 004-2004

Requesting Entity: League of Municipalities of the Philippines

Issues Concern: Request for Deferment of the Implementation of Republic Act 9184 and its Implementing Rules and Regulations Part A by the League of Municipalities of the Philippines on Municipalities

 

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Powers of the Government Procurement Policy Board under R.A. 9184

Based on the foregoing (Section 63, R.A. 9184) and as amplified by Section 63.1 of the IRR-A of R.A. 9184, the GPPB is the sole administrative authority imbued with quasi-legislative and incidental powers to determine policy directions in the area of public procurement through the formulation of procurement rules, regulations and guidelines. It is also the government body charged with the authority to ensure the proper implementation of procuring entities of R.A. 9184, its IRR-A and all other rules and regulations pertaining to public procurement, monitor the effectiveness of procurement reforms and compliance thereto by Government agencies, and undertake the professionalization of procurement practitioners in Government.


Effectivity of the Provisions of R.A. 9184 and its IRR-A Not Determined by Contingencies

[W]e regret to inform you that the GPPB cannot issue a Circular which has the effect of deferring the implementation of any of the provisions of R.A. 9184 and its IRR-A. While we understand the difficulties that the municipalities are presently experiencing in adjusting to the reforms institutionalized by our new procurement law, which would sometimes derail their respective 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 provision of R.A. 9184 and its IRR-A. Thus, its administrative issuances must not override but must remain consistent and in harmony with the law it seeks to implement.