Date : 08 October 2007

From : Atty. Jesse S. Villegas

Provincial Legal Officer
This Province of Compostela Valley

To : MR. LINO S. SALARDA

Head, BAC Secretariat

Subject : Applicability of the alternative method of procurement under

R.A. 9184, for the asphalting of the Pantukan Market Plaza,
through negotiated procurement with the City Government
of Tagum.
_____________________________________________________________

Referred to this end for legal opinion, is the applicability of the

alternative method of procurement for the asphalting of the Pantukan
Market Plaza, through negotiated procurement with the City
Government of Tagum as the contractor.

On the foregoing, We find that resort to negotiated procurement is

allowed under paragraph b, section 53 of R.A. 9184 and its
implementing rules, provided that time is of the essence and where
immediate action is needed to restore infrastructure facilities.

However, We humbly invite your attention to the provisions of

section 47 Rule XV entitled Disclosure of Relations, implementing
section 47 of R.A. 9184, to wit:

xxx

“In addition to the proposed contents of the Invitation to

Apply for Eligibility and to Bid as mentioned under Section 21 of
this IRR-A, all bids shall be accompanied by a sworn affidavit of
the bidder that it is not related to the head of the procuring entity
 by consanguinity or affinity up to the third civil degree. Failure to
comply with the aforementioned provision shall be a ground for
the automatic disqualification of the bid in consonance with
Section 30 of this IRR-A. For this reason, relation to the head of
the procuring entity within the third civil degree of consanguinity
or affinity shall automatically disqualify the bidder from
participating in the procurement of contracts of the procuring
entity. x x x”

The aforeqouted provision strictly prohibits that the prospective

bidder, or the officers in case of a corporation, shall not be related to
the Head of the Procuring Entity within the third civil degree of
consanguinity or affinity.

Based on the aforeqouted provisions, We are of the opinion that

technically, the City of Tagum, acting as a Corporate Entity, is
disqualified to participate as Bidder in the procurement process, mainly
because Governor Arturo T. Uy, being the head of the Procuring Entity
is the brother of Mayor Rey T. Uy, the head of the prospective bidder,
City of Tagum. A relationship which is obviously within the third civil
degree of consanguinity.

The language of the provision is clear and admits of no exceptions.

We hope that We have enlightened your end on the subject matter.

Respectfully submitted:

ATTY. JESSE S. VILLEGAS