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Penal Provisions

Post by Mikel on Wed Sep 22, 2010 5:09 pm

Please correct me if i'm wrong, after reading the penal provisions of the GPRA, i do not find any provision which would penalize any government official/s who would procure goods/consul/infra without conducting any public bidding even if the same does not meet any of the conditions required to resort the use of alternative modes of procurement.

kung baga, hindi criminally liable kung derecho agad sa alternative mode of procurement kahit na hindi na meet ang mga requirements sa pag resort dito (amp). (pwera na lang kung me splitting kasi me provision naman dito.)

am i correct?

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Re: Penal Provisions

Post by jcolas on Wed Sep 22, 2010 8:35 pm

I believe so Sir Mike. I saw that you are from the COA so my answer is for the consumption of those from other agecies; and I agree with you that their is no provision of the law that penalizes those who used AMP instead of CPB. It will ony come to the notice of the COA that the Procuring entity has violated Section 10 of RA 9184 during post-audit, after which the Resident Auditor/ATL will issue an Audit Observation Memorandum requesting for an expanation from management why the transaction should not be passed in audit. If the explanation does not satisfy the REsident Auditor, the auditor suspends the transaction. The management seeks for reconsideration until the issue reaches commission proper. If the commission proper upholds the findings of the Resident auditor, it files the appropriate charges. That is the only time that the action by management becomes criminal or administrative offense. Other posters, your comments please.
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Re: Penal Provisions

Post by RDV @ GP3i on Wed Sep 22, 2010 9:19 pm

Mikel wrote:Please correct me if i'm wrong, after reading the penal provisions of the GPRA, i do not find any provision which would penalize any government official/s who would procure goods/consul/infra without conducting any public bidding even if the same does not meet any of the conditions required to resort the use of alternative modes of procurement.

kung baga, hindi criminally liable kung derecho agad sa alternative mode of procurement kahit na hindi na meet ang mga requirements sa pag resort dito (amp). (pwera na lang kung me splitting kasi me provision naman dito.)

am i correct?

While there is no penal provision in RA 9184 if no public bidding in conducted even if the procurement would not fall under any of the alternative methods of procurement, it does not mean that any government official who does not follow the provisions of R.A. 9184 will still not be penalized because the provisions of the Anti-Graft Law (R.A. 3019) would still be applicable. In other words, for failing to conduct public bidding when it is required, a public official could be held criminally liable for "causing undue injury to the government" under the provisions of Sec. 3(e) of R.A. 3019.
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Re: Penal Provisions

Post by Mikel on Thu Sep 23, 2010 9:40 am

while it is true that a public official may be held criminally liable under the provisions of other penal laws, as provided in Sec. 65.1 of the IRR (Without prejudice to the provisions of....), it would have been much better kung provided sa GPRA, kasi nagprovide naman sila (Congress) ng penal clause, dapat kinompleto na lang nila. Kung gagawa na lang man sila (Congress ulit) ng batas, dapat complete na. (Siguro marami lang talagang trabaho ang ating mga 'Your Honors' kaya hindi na pansin.)

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Re: Penal Provisions

Post by engrjhez® on Sat Oct 02, 2010 11:04 pm

The GPPB, being the oversight/policy making body and the final arbiter as far as GPRA is concerned, should make it clear what are the sanctions for each violation of the procurement law and its IRR.

Ex. Non-posting in PhilGEPS--> punishable by?
Violating prescribed timelines--> punishable by?
Splitting of Contracts--> punishable by?

and so many others...
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Re: Penal Provisions

Post by jcolas on Sun Oct 03, 2010 11:09 am

The GPPB, being the oversight/policy making body and the final arbiter as far as GPRA is concerned, should make it clear what are the sanctions for each violation of the procurement law and its IRR.
Ex. Non-posting in PhilGEPS--> punishable by?
Violating prescribed timelines--> punishable by?
Splitting of Contracts--> punishable by?

and so many others...


I subscribe to the proposition of Sir Mikel and Sir Engrjhez that the GPRA should come up with specific sanctions for specific violations like what Sir Engjhez has posted. As what I posted earlier, this violation will only come to the attention of the Audit Team Leader during post -audit; and the process of the determination of the criminal/administrative liability of the persons liable will only start. After a very long process, the persons liable will be slapped with violations of the Anti-Graft Law as what Sir RDV has posted. and that would be too late...
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Re: Penal Provisions

Post by RDV @ GP3i on Mon Oct 04, 2010 1:48 pm

engrjhez® wrote:The GPPB, being the oversight/policy making body and the final arbiter as far as GPRA is concerned, should make it clear what are the sanctions for each violation of the procurement law and its IRR.

Ex. Non-posting in PhilGEPS--> punishable by?
Violating prescribed timelines--> punishable by?
Splitting of Contracts--> punishable by?

and so many others...

I think, the sanctions are already contained in RA 9184 and/or its IRR, and in subsequent issuances by the executive department.

For non-posting in PhilGEPS, its is contained in Executive Order No. 662.

For violating the prescribed timelines, the penalty of imprisonment of not less than 6 years and one day but not more than 15 years is provided under Sec. 65.1(b) of the IRR for "Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post qualification of bids, and awarding of contracts beyond the prescribed periods for action provided for in this IRR." That penalty is without prejudice of the provisions of RA 3019 and other penal laws.

Splitting of Contracts is likewise punishable by imprisonment of the same period of time as above as provided for under Sec. 65.1(d) of the IRR.
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Re: Penal Provisions

Post by jcolas on Mon Oct 04, 2010 3:47 pm

Thank you Sir RDV for pointing out Executive Order No. 662.
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