2012-08-09

NPM 097-2012

Requesting Entity: Philippine Deposit Insurance Corporation

Issues Concern: Section 53(e) of the IRR-A as a self-executing provision

 

Details

Whether GPPB Resolution No. 03-2007 dated 30 March 2007, which amended Section 53(e) of Implementing Rules and Regulations-Part A (IRR-A) of Republic Act (RA) No. 9184, is self-executory or requires the issuance of guidelines for its implementation.

Negotiated Procurement under then Section 53(e) of IRR-A and the present Sections 53.5 and 53.6 of the IRR are self-executing provisions despite the clause that the "GPPB shall issue guideline to implement said provision." The said provisions need not require future legislation for their enforcement. Guidelines supplying details for a law's implementation are needed when the law, by its nature, cannot be carried out unless and until there are details providing for its implementation. When the law can be carried out without providing any details for its implementation it is treated as a self-executing law. Thus, Negotiated Procurement under the present Section 53.5 and 53.6 of the Revised IRR and the old Section 53(e) of IRR-A, by their nature, can be carried out even without providing details for their implementation.