2009-07-28

NPM 038-2009

Requesting Entity: Metro Iloilo Water District

Issues Concern: BAC Members on Hold-Over Capacity

 

Details

Whether or not the recommendations of the BAC whose designation has expired is still valid.

The Supreme Court, in the case of Topacio Nueno vs. Angeles (76 Phil. 12) enunciated the rule on hold-over in the law on public officers, viz: "in the absence of an express or implied constitutional or statutory provision to the contrary, an officer is entitled to hold the office until his successor is appointed or chosen and has qualified". Such is adopted in order to provide against all contingencies which might result from the office during the interregnum.

Thus, the recommendations of the old BAC may be considered as valid provided that they were executed with the presence of a quorum and in accordance with the pertinent provisions of the IRR-A of RA 9184. Furthermore, the subsequent approval of the contracts by the Head of the Procuring Entity through the Board of Directors served as the imprimatur of approval for the said contracts.