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Resignation as BAC member

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Resignation as BAC member

Post by anne on Wed Sep 15, 2010 5:12 pm


Good afternoon!

inquire ko lng po, if a BAC member submits his resignation letter, can the HOPE disapprove his resignation? How many days should the HOPE decide on the matter? thank you very much.

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Re: Resignation as BAC member

Post by jcolas on Wed Sep 15, 2010 7:23 pm

Good afternoon!

inquire ko lng po, if a BAC member submits his resignation letter, can the HOPE disapprove his resignation?


Yes, If the HOPE believes that the person is of unquestionable integrity and possesses proficiency in procurement and that his resignation is not justifiable and will be a loss to the procurement activity of the agency.

How many days should the HOPE decide on the matter? thank you very much.

This is a question that only the HOPE can best answer, as he has to consider the welfare of the government.


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Re: Resignation as BAC member

Post by sunriser431 on Wed Sep 15, 2010 7:36 pm

anne wrote:
Good afternoon!

inquire ko lng po, if a BAC member submits his resignation letter, can the HOPE disapprove his resignation? How many days should the HOPE decide on the matter? thank you very much.

Excerpts from the Revised IRR
Section 11.2.6.The Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated. In case of resignation, retirement, separation, transfer, re-assignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, however, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity.

In my personal opinion, BAC members will served at the pleasure of the HOPE, however the HOPE will act on such request as soon as possible. Now the question how soon? Maybe we can apply the "Anti-Red Tape Act of 2007"."
excerpts from the guidelines
Section 2.(4) All applications and/or requests in frontline services shall be acted upon within the period prescribed under the Citizen’s Charter, which in no case shall be longer than five (5) working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the time the request or application was received.
or Excerpts from RA#6713
a) Act promptly on letters and requests. - All public officials and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request.
I believe the "ARTA" is the latest guidelines. For more information try this LINK bounce Hope it would be of help. Peace
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Re: Resignation as BAC member

Post by engrjhez® on Wed Sep 15, 2010 9:19 pm

anne wrote:
Good afternoon!

inquire ko lng po, if a BAC member submits his resignation letter, can the HOPE disapprove his resignation? How many days should the HOPE decide on the matter? thank you very much.


That depends on the HOPE and the weight of the reason behind. Under the Revised IRR, BAC members may only be removed for a cause.

11.2.6. Unless sooner removed for a cause, the members of the BAC shall have a fixed
term of one (1) year reckoned from the date of appointment, renewable at the
discretion of the Head of the Procuring Entity. x x x


A resignation letter is already a 'cause'. But without prejudice to the qualifications of a BAC member, a resignation letter should be accepted if after talking to the concerned, still insists on resigning. It will not help forcing a member to maintain his post just to maintain the expected proficiency. Instead, the HOPE must understand that procurement should work even the BAC is replaced; and he/she anticipates all similar circumstances.

For your question on "how long to decide?", the HOPE may be guided by Section 8 of ARTA (R.A.9485) on this:

b) Action of Offices - (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee during the period stated in the Citizen's Charter which shall not be longer than five (5) working days in the case of simple transactions and ten (10) working days in the case of complex transactions from the date the request or application was received. x x x

Hope it helps. Smile


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Re: Resignation as BAC member

Post by anne on Thu Sep 16, 2010 9:30 am

Thank you very much sir jcolas, engrjhez and sir sunriser Very Happy
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Re: Resignation as BAC member

Post by sunriser431 on Thu Sep 16, 2010 7:17 pm

anne wrote:Thank you very much sir jcolas, engrjhez and sir sunriser Very Happy
you are welcome "anne". Smile
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Re: Resignation as BAC member

Post by jcolas on Thu Sep 16, 2010 7:27 pm

Thank you very much sir jcolas, engrjhez and sir sunriser

You are most welcome, anne, and I advise that you always keep tune to the Forum.
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