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Use of Policy and Non-Policy Opinions Issued

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Use of Policy and Non-Policy Opinions Issued

Post by venom.0420 on Wed Mar 25, 2009 6:36 pm

Could somebody from GPPB or anyone shed some light as to what actually these two are? Do they serve as interpretations of RA 9184? If so, will they be considered valid references in making decisions like lawyers use any existing jurisprudence?
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USE OF POLICY AND NON-POLICY OPINIONS ISSUED

Post by mealigan on Thu Mar 26, 2009 12:15 am

These policy/non-policy issuances come in handy when faced with similar incidents in the performance of our procurement functions, serving as guides on what to do in case we are faced with similar problems; please note that these are GPPB-TSO opinions to queries posed by some agencies who might not have been updated on some issuances by the GPPB.
On our part, we find this very useful and we relay the same opinions to others who are faced with similar problems.

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Re: Use of Policy and Non-Policy Opinions Issued

Post by RDV @ GP3i on Thu Mar 26, 2009 12:27 pm

venom.0420 wrote:Could somebody from GPPB or anyone shed some light as to what actually these two are? Do they serve as interpretations of RA 9184? If so, will they be considered valid references in making decisions like lawyers use any existing jurisprudence?

I am not from the GPPB, but let me venture to answer your concern.

A policy opinion issued by the GPPB, for a particularly query, could be of general application; while a non-policy opinion is, more or less, only on the basis of the (limited) information provided in the query and therefore could not be of general application. That could be the simple difference, but both issued by the GPPB.

The GPPB has no quasi-judicial function, but only quasi-legislative function, hence the opinions do not have the force and effect of a law. But still they could be used as valid references in our decisions.

According to the Supreme Court:

"Generally, the interpretation of an administrative government agency, which is tasked to implement a statute, is accorded great respect and ordinarily controls the construction of the courts. The reason behind this rule was explained in Nestle Philippines, Inc. vs. Court of Appeals, in this wise:

‘The rationale for this rule relates not only to the emergence of the multifarious needs of a modern or modernizing society and the establishment of diverse administrative agencies for addressing and satisfying those needs; it also relates to the accumulation of experience and growth of specialized capabilities by the administrative agency charged with implementing a particular statute. In Asturias Sugar Central, Inc. v. Commissioner of Customs the Court stressed that executive officials are presumed to have familiarized themselves with all the considerations pertinent to the meaning and purpose of the law, and to have formed an independent, conscientious and competent expert opinion thereon. The courts give much weight to the government agency or officials charged with the implementation of the law, their competence, expertness, experience and informed judgment, and the fact that they frequently are drafters of the law they interpret.”


http://sc.judiciary.gov.ph/jurisprudence/1999/nov99/129958.htm
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Re: Use of Policy and Non-Policy Opinions Issued

Post by venom.0420 on Thu Mar 26, 2009 2:32 pm

Thanks sir RDV for shedding some light into this. The GPPB have already issued plenty of these opinions and most are really helpful. I wasn't just too confident in using them in some of our BAC deliberations 'coz I don't know if it is generally acceptable. Very Happy
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Re: Use of Policy and Non-Policy Opinions Issued

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