Guidlines in Availing Legal Services

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Guidlines in Availing Legal Services

Post by cesar on Wed Apr 01, 2009 12:23 pm

Gud day again!

May i inquire on the guidelines or steps in availing legal services or as a retainer. is it subject for other mode of procurement?

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Re: Guidlines in Availing Legal Services

Post by engrjhez® on Wed Apr 01, 2009 9:41 pm

Are you referring to the Legal Indemnification or Legal Assistance for the BAC members? If so follow this link:

http://www.gppb.gov.ph/issuances/Guidelines/2005/Legal%20Assistance%20and%20Indemnification.pdf

If this is not procurement related, then hiring of legal services may fall on Consulting Services that may be thru Public Bidding.

Hope no one's joining Club 6115 now. Twisted Evil


Last edited by engrjhez on Thu Apr 02, 2009 5:19 pm; edited 1 time in total
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legal services

Post by cesar on Thu Apr 02, 2009 3:45 pm

fortunately, not the legal indemnification. our HOPE is asking if possible to acquire legal services as a retainer. as you suggested sir that it is only through public bidding, prior to this bidding, is there any guidelines (that is asking permission from higher office(e.g. our head office))? Smile

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Re: Guidlines in Availing Legal Services

Post by engrjhez® on Thu Apr 02, 2009 5:23 pm

You may have to inquire first the Budget Office if there is availability of fund for that purpose. Such may be reflected on the approved Annual Procurement Plan of your Agency.

If you got positive answers, proceed with the BAC (Secretariat) of DepEd. I am not familiar with the processing of procurement requests of national agencies. Signatories may include the Secretary of DepEd or duly authorized representative as the Head of Procuring Entity for approval. Very Happy
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Re: Guidlines in Availing Legal Services

Post by shobe on Fri Apr 03, 2009 11:10 am

fortunately, not the legal indemnification. Our HOPE is asking if possible to acquire legal services as a retainer. as you suggested sir that it is only through public bidding, prior to this bidding, is there any guidelines (that is asking permission from higher office(e.g. our head office))?


Hi cesar, hope this post can help your agency...

I’m not sure if it’s jurisprudence or a specific governmental issuance prohibiting any government agency from acquiring the services of a lawyer on a retainer basis. The reason for this (if I remember it right) is that there are specific government agencies tasked for this purpose: the Office of the Solicitor General or Office of the Government Corporate Counsel.

For LGUs, it is the OSG. The OSG is said to be the law firm of the Republic of the Philippines. It is mandated to represent:

a) the People of the Philippines; and
b) the Philippine Government, its agencies and instrumentalities, officials and agents especially before appellate courts) in any litigation or matter requiring the services of a lawyer.

If your HOPE is after representation in any court of law, you need to get your lawyer from the OSG. However, I believe that the OSG grants exemptions on a case to case basis, depending on the reason why your good agency is in need of a lawyer and on the availability of a lawyer form the OSG to attend to your case.

However, if your LGU is looking for an individual consultant (maybe a lawyer), not necessarily needed for litigation purposes, then you may want to advise your HOPE that the alternative mode of Negotiated Procurement, Section 53 (f) may be resorted to provided that said individual consultant (maybe a lawyer) is hired to do work that is:

a) highly technical or proprietary; or
b) primarily confidential or policy determining, where trust and confidence are the primary consideration for the hiring of said consultant.


PS.
Please don’t procure legal services through public bidding.

If you were to bid it out, no law firm/lawyer will participate because we simply cannot: the Code of Professional Responsibility forbids us. The Supreme Court has time and again reminded lawyers that practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.

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Re: Guidlines in Availing Legal Services

Post by RDV @ GP3i on Fri Apr 03, 2009 12:30 pm

Atty shobe is correct.

In the website of COA, there is this particular news item:

"Government agencies and instrumentalities, including government-owned or controlled corporations may not hire private lawyers or law practitioners to render legal services for them or handle their legal cases in consideration of fees or compensation paid from public funds — without the prior written conformity and acquiescence of the Office of the Solicitor General or the Government Corporate Counsel, as the case may be, as well as the written concurrence of the Commission on Audit.

Payments of fees or other compensation made to private lawyers hired in violation of the said rule shall be disallowed in audit and shall be the personal liabilities of the government officials and employees concerned.

With this ruling, the Supreme Court upheld the October 29, 1999 decision of the COA Commission Proper (composed of Chairman Celso D. Gańgan and Commissioners Raul C. Flores and Emmanuel M. Dalman) disallowing the payment of the total amount of P283,763.39 made by the National Power Corporation to Atty. Benemerito A. Satorre for his legal and other services to NPC.
"

The link to that Supreme Court decision is as follows:
http://sc.judiciary.gov.ph/jurisprudence/2000/july2000/140563.htm
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Re: Guidlines in Availing Legal Services

Post by engrjhez® on Fri Apr 03, 2009 6:31 pm

shobe wrote:
Please don’t procure legal services through public bidding.

If you were to bid it out, no law firm/lawyer will participate because we simply cannot: the Code of Professional Responsibility forbids us. The Supreme Court has time and again reminded lawyers that practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.
I am in no objection if the Code of Professional Responsibility damands so.

I would just like to ask for your insights on a past procurement case i knew years ago which hired a law firm after a Public Bidding (Consulting Services) proceedings. It did not involve a retainer nor any case, but technical services for the "codification" of various, uh, codes. To my knowledge, aside from Legal Assistance in drafting local codes, it also included printing services (by volumes) of the final versions as the end product. Only one bidder (law firm) responded that ended in an award of Single Rated Responsive Bidder. Had this procurement case violated any? Question
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Re: Guidlines in Availing Legal Services

Post by RDV @ GP3i on Sat Apr 04, 2009 12:33 pm

engrjhez wrote:
shobe wrote:
Please don’t procure legal services through public bidding.

If you were to bid it out, no law firm/lawyer will participate because we simply cannot: the Code of Professional Responsibility forbids us. The Supreme Court has time and again reminded lawyers that practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.
I am in no objection if the Code of Professional Responsibility damands so.

I would just like to ask for your insights on a past procurement case i knew years ago which hired a law firm after a Public Bidding (Consulting Services) proceedings. It did not involve a retainer nor any case, but technical services for the "codification" of various, uh, codes. To my knowledge, aside from Legal Assistance in drafting local codes, it also included printing services (by volumes) of the final versions as the end product. Only one bidder (law firm) responded that ended in an award of Single Rated Responsive Bidder. Had this procurement case violated any? Question
.

If it involves technical services and not legal services, although, as a lawyer, his legal expertise is also put in good use by the procuring entity, it could be considered as procurement of Consulting Services, which could not be in violation of the procurement law or of the COA guidelines. There is even no need to seek prior permission from the OSG, as no legal cases are being handled.

Technical Services are included in Annex B of IRR-A on the details of Consulting Services.
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Re: Guidlines in Availing Legal Services

Post by RDV @ GP3i on Sat Apr 04, 2009 12:34 pm

engrjhez wrote:
shobe wrote:
Please don’t procure legal services through public bidding.

If you were to bid it out, no law firm/lawyer will participate because we simply cannot: the Code of Professional Responsibility forbids us. The Supreme Court has time and again reminded lawyers that practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.
I am in no objection if the Code of Professional Responsibility damands so.

I would just like to ask for your insights on a past procurement case i knew years ago which hired a law firm after a Public Bidding (Consulting Services) proceedings. It did not involve a retainer nor any case, but technical services for the "codification" of various, uh, codes. To my knowledge, aside from Legal Assistance in drafting local codes, it also included printing services (by volumes) of the final versions as the end product. Only one bidder (law firm) responded that ended in an award of Single Rated Responsive Bidder. Had this procurement case violated any? Question
.

If it involves technical services and not legal services, although, as a lawyer, his legal expertise is also put in good use by the procuring entity, it could be considered as procurement of Consulting Services, which could not be in violation of the procurement law or of the COA guidelines. There is even no need to seek prior permission from the OSG, as no legal cases are being handled.

Technical Services are included in Annex B of IRR-A on the details of Consulting Services.
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Re: Guidlines in Availing Legal Services

Post by sunriser431 on Tue Aug 18, 2009 12:18 pm

RDV wrote:
engrjhez wrote:
shobe wrote:
Please don’t procure legal services through public bidding.

If you were to bid it out, no law firm/lawyer will participate because we simply cannot: the Code of Professional Responsibility forbids us. The Supreme Court has time and again reminded lawyers that practice of law is a profession and not a business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits.
I am in no objection if the Code of Professional Responsibility damands so.

I would just like to ask for your insights on a past procurement case i knew years ago which hired a law firm after a Public Bidding (Consulting Services) proceedings. It did not involve a retainer nor any case, but technical services for the "codification" of various, uh, codes. To my knowledge, aside from Legal Assistance in drafting local codes, it also included printing services (by volumes) of the final versions as the end product. Only one bidder (law firm) responded that ended in an award of Single Rated Responsive Bidder. Had this procurement case violated any? Question
.

If it involves technical services and not legal services, although, as a lawyer, his legal expertise is also put in good use by the procuring entity, it could be considered as procurement of Consulting Services, which could not be in violation of the procurement law or of the COA guidelines. There is even no need to seek prior permission from the OSG, as no legal cases are being handled.

Technical Services are included in Annex B of IRR-A on the details of Consulting Services.

General Provision GAA 2009
Sec. 80. Service Contracts. Departments, bureaus, offices or agencies, as well as GOCCs, are hereby authorized to enter into service contracts, with other government agencies, private firms or individuals and non-governmental organizations for services related or incidental to their respective functions and operations, whether on part-time or full-time basis. Service contracts may be entered into by the agency for professional consultancy services, which may include contracts with individual consultants. For this purpose, an individual professional consultant is an expert in a field of special knowledge or training who is contracted to render particular outputs or services primarily advisory in nature requiring highly specialized or technical expertise which cannot be provided by the regular staff of the agency. Such hiring creates no employer-employee relationship between the individual professional consultant and the agency. The DBM, in coordination with other agencies concerned, shall issue the necessary guidelines governing professional consultancy services.
Service contracts may also be entered into by the agency for janitorial, security and other related services, whenever practicable and cost-effective for the government. Service contracts shall be entered into by the agency through public bidding or other alternative methods of procurement in accordance with R.A. No. 9184 and its Implementing Rules and Regulations, subject to pertinent accounting and auditing rules and regulations.

Sir RDV, since DBM, is task to issue the guidelines governing professional consultancy services. My question is this guidelines referred to " ANNEX "B" of the old IRR of RA. 9184 (Types of Consulting Services)?
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Re: Guidlines in Availing Legal Services

Post by angelo on Wed Aug 19, 2009 4:23 pm

to sir RDV & sir sunriser, thank you very much
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