2009-03-11

NPM 016-2009

Requesting Entity: OIC-office of the General Manager Metro Iloilo Water District

Issues Concern: HOPE Delegation to BAC Chairperson

 

Details

Whether the Chairman of the BAC may, at the same time, be temporarily designated by the Board as OIC General Manager to sign contracts in order to hasten issuance of notice to proceed

Under Section 5(m) of the IRR-A, in the case of GOCCs, the head of the Procuring Entity refers to the governing board or its duly authorized official. The prohibition under Section 11.2.5 of the IRR-A is limited only to the approval of the contract and does not extend to any restriction against the contract signing and issuance of the NTP. Expressio unius est exclusio alterius, express mention means implied exclusion.

Distinction must be made between approval and signing of contract in light of the provisions of R.A. 9184, such that the former refers to the affirmation by the HOPE of the BAC recommendation while the latter pertains to the mechanical act of the HOPE in affixing his signature in the contract.

Thus, it is the considered opinion of this office that the BAC Chair, in his capacity as OIC General Manager, although bereft of authority to approve the award of contract, may sign the contract and issue the NTP, provided, that, the proper board resolution is priorly issued for the purpose; and, provided, further, that such function is among those that can be delegated under the GOCC's corporate charter and other governing rules.