2012-12-21

NPM 159-2012

Requesting Entity: Procurement Service (PS)-Department of Budget and Management

Issues Concern: Acquisition of Real Property

 

Details

Whether Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR) prohibits the PS from undertaking the acquisition of real property.

The acquisition of real property is governed by RA 8974 otherwise known as "An Act to facilitate the Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects and for Other Purposes."

[A] cursory reading of RA 9184 and its IRR would reveal no express or implied prohibition on said transaction. Thus, we are of the view that RA 9184 and its IRR do not prohibit the PS or any agency from acquiring real property.