2012-08-13

NPM 101-2012

Requesting Entity: Eladio D. Perfecto

Issues Concern: Authority of the Sangguniang Panlalawigan to Impose Additional Requirements for Infrastructure Projects undertaken by the NG

 

Details

Whether a local government unit, through its Sangguniang Panlalawigan, may impose additional requirement as part of the technical documents to be submitted by the contractor in a public bidding.

[T]he issuance of SP Ordinance No. 18 in accordance with Section 25.2(b) of the IRR is not the same as the submission of additional permits or licenses upon post-qualification, as permitted under Section 34.2 of the IRR. Rather, it is an imposition of an additional technical document to be submitted along with mandatory eligibility requirements under Section 23.1 of the IRR.... If the SP shall impose such additional requirement of a Certification based on Section 25.2(b), it is in effect amending the provisions of the IRR, an act beyond its jurisdictional authority and legislative power to perform.

However, as regards SP Ordinance No. 18, series of 2011, suffice to say that its legality and validity is best left to the sound determination and discretion of a court of competent jurisdiction upon filing of an action questioning its propriety and regularity.