Requesting Entity: Department of Education
Issues Concern: Legal Assistance to and Indemnification of BAC Members
Claim for legal assistance for criminal and administrative cases filed against the members of the Bids and Awards Committee (BAC) of the Department of Education (DepEd).
[T]he conditions/requirements for grant of free legal assistance are provided in Section 72 and 73 of the IRR and the Guidelines for Legal Assistance and Indemnification of BAC Members and its Support Staff. More importantly, the basis of the claim for legal assistance and the conditions for its grant is dependent on the nature of the case filed against the BAC member or Support Staff. Thus, it is incumbent upon the claimants to prove the existence of, or their compliance with, the conditions/requirements provided in the rules and the Guidelines.
Private Legal Assistance under Section 72 of RA 9184 and its IRR
If the claim for reimbursement or expenses is borne from the engagement of services of private lawyers or external counsels for a civil or criminal case, the proper basis of the claim is Section 72 of the IRR and the grant thereof shall be based upon showing that the engagement was done after receipt of Court Notice and the BAC member or Support Staff has not been adjudged as guilty.
Indemnification Package under Section 73 of RA 9184 and its IRR
If the claim for free legal assistance is borne from a pending or completed action, suit, or proceeding whether civil, criminal, or administrative in nature, the proper bases are the provisions of Section 73 and the Guidelines, and the grant thereof shall be couched upon a showing that a private lawyer or external counsel was engaged and the BAC member or Support Staff has not been adjudged guilty as mentioned.