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IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

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IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by dagmars on Fri Apr 03, 2009 9:51 am

GUD AM PO. tANONG KO LANG PO " KUNG LEGAL PO BA NA ANG LAHAT NG MEMBERS NG BAC AY MAGKAMAGANAK EITHER BY AFFINITY OR COSANGINITY UP TO ANY DEGREE AS LONG NA SILA AY RELATIVES. TNX PO.
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by RDV @ GP3i on Fri Apr 03, 2009 11:53 am

dagmars wrote:GUD AM PO. tANONG KO LANG PO " KUNG LEGAL PO BA NA ANG LAHAT NG MEMBERS NG BAC AY MAGKAMAGANAK EITHER BY AFFINITY OR COSANGINITY UP TO ANY DEGREE AS LONG NA SILA AY RELATIVES. TNX PO.

Gud morning, engr.:

If you are asking for any legal prohibition in R.A. 9184, there is no prohibition on relationship, by any degree, between and among the members of the BAC or with the HOPE.

What is specifically prohibited in the procurement law, specifically under Sec. 47 of the GPRA, is relationship within the 3rd civil degree of consanguinity and affinity by the prospective bidder to the HOPE.

In a similar section of the IRR-A, relationship of the bidder to any member of the BAC, BAC Secretariat, TWG, members of the PMO, designers of the project, or to any officer or employee of the procuring entity which has direct access to information that may substantially affect the results of the bidding, within the same civil degree of consanguinity and affinity, is also prohibited.
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by engrjhez® on Fri Apr 03, 2009 6:58 pm

dagmars wrote:GUD AM PO. tANONG KO LANG PO " KUNG LEGAL PO BA NA ANG LAHAT NG MEMBERS NG BAC AY MAGKAMAGANAK EITHER BY AFFINITY OR COSANGINITY UP TO ANY DEGREE AS LONG NA SILA AY RELATIVES. TNX PO.
To be a BAC-ful of relatives, then let us assume:

CHAIRMAN (person 1)
VICE CHAIRMAN (brother of person 1)
MEMBER 1 (son of person 1)
MEMBER 2 (wife of vice chairman)
MEMBER 3 (1st cousin of chairman)

This is a very happy yet dangerous acquaintance. I believe some case of this kind still exists even in the developing provinces. Families after families and clans after clans. Yes, they are are not under direct prohibition of the law, and their existence may also be not punishable under Civil Service rules on nepotism - but do we end here?

I think similar case to this is very easy to pinpoint. Next question is, if the setup above exists, can we consider it already as a prima facie evidence of collusion among the BAC members and with the HOPE that appointed them? pale
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by RDV @ GP3i on Sat Apr 04, 2009 11:12 am

engrjhez wrote:
dagmars wrote:GUD AM PO. tANONG KO LANG PO " KUNG LEGAL PO BA NA ANG LAHAT NG MEMBERS NG BAC AY MAGKAMAGANAK EITHER BY AFFINITY OR COSANGINITY UP TO ANY DEGREE AS LONG NA SILA AY RELATIVES. TNX PO.
To be a BAC-ful of relatives, then let us assume:

CHAIRMAN (person 1)
VICE CHAIRMAN (brother of person 1)
MEMBER 1 (son of person 1)
MEMBER 2 (wife of vice chairman)
MEMBER 3 (1st cousin of chairman)

This is a very happy yet dangerous acquaintance. I believe some case of this kind still exists even in the developing provinces. Families after families and clans after clans. Yes, they are are not under direct prohibition of the law, and their existence may also be not punishable under Civil Service rules on nepotism - but do we end here?

I think similar case to this is very easy to pinpoint. Next question is, if the setup above exists, can we consider it already as a prima facie evidence of collusion among the BAC members and with the HOPE that appointed them? pale

That particular situation could easily happen in barangays, where the elected officials from the Barangay Chairman to the Sanggunian Barangay (SB) members are mostly relative. We will use this as an example in our case. Who composes the barangay BAC? Per GPPB Resolution, the regular members of the SB. The barangay chairman, as HOPE, designates the members, who may be his relatives. Despite the relationship, he has no choice but to designate any of them to comprise the minimum of 5 and maximum o0f 7 BAC membership. He could not say, he does not want to create the BAC because they are his relatives.

Going to the next question of engrjhez, can we consider it as a prima facie case of collusion among and between the BAC and the HOPE? I say, NO. Just because they are relatives could we consider that they are colluding, just as we cannot also conclude that because they are not relatives, then they could not collude.

Only when, by reason of relationship, that it is taken advantage of to favor any bidder or to apply pressure to the any member of the BAC, can there be a violation of RA 9184 and/or RA 3019 or the Anti-Graft Law. Neopotism will not apply in this case as they are not appointed to the position, but merely designated as members of the BAC.
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by dagmars on Wed Apr 15, 2009 8:21 am

we disallow accountants and auditors to be members of the BAC for simple reasons of conflict of interest in the processing of payments, what will happen when auditors or accountants still relatives of the BAC members ? Is it more dangerous having an accountant or auditor in BAC rather having members full of relatives of which the probability of committing collusion among them will be higher ? we filipinos have stromg family ties. Every losing bidders will always think that collusion happen, like in an election, most losing candidates always claims they were cheated. Can we have some safety nets about this rare cases in the amendments of IRR of RA 9184 ? Thanks po for your enlightment.
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by RDV @ GP3i on Wed Apr 15, 2009 11:07 am

dagmars wrote:we disallow accountants and auditors to be members of the BAC for simple reasons of conflict of interest in the processing of payments, what will happen when auditors or accountants still relatives of the BAC members ? Is it more dangerous having an accountant or auditor in BAC rather having members full of relatives of which the probability of committing collusion among them will be higher ? we filipinos have stromg family ties. Every losing bidders will always think that collusion happen, like in an election, most losing candidates always claims they were cheated. Can we have some safety nets about this rare cases in the amendments of IRR of RA 9184 ? Thanks po for your enlightment.

The disallowance of Accountants or those from the accounting department is by virtue of the COA Circular, to avoid situation where a conflict of interest will arise.

The Auditors cannot be members of the BAC because they are not personnel occupying plantilla positions in the procuring entity. They are from another government agency.

Relatives or no relatives, if the HOPE sees that a possible conflict of interest may arise, then he/she should avoid that by designating another person where there will be no conflict of interest.

Again, just for reason of relationship by blood or by affinity does not automatically disqualifies one from being designated as a BAC member. But the HOPE should consider that as a factor in the selection or non-selection of a BAC member, to avoid presumption of possible collusion among them.
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by engrjhez® on Wed Apr 15, 2009 1:00 pm

RDV wrote:Again, just for reason of relationship by blood or by affinity does not automatically disqualifies one from being designated as a BAC member. But the HOPE should consider that as a factor in the selection or non-selection of a BAC member, to avoid presumption of possible collusion among them.
AGREE (na) ako d'yan RDV! Very Happy

I think what RDV is trying to point out is "due process" as explicitly defined by law. Everyone is assumed innocent unless proven guilty in court. Although we think of a "setup" as a violation, it is not. Legal technicalities makes us bound to accept and realize that even the closest family ties in the government cannot be taken as a collusive evidence in procurement unless committed with the bidder and proven by any legal means.

The same legal technicalities make us wise, and critical. At some points, yes, even evasive. But the point of it all, the answer to the topic question is, still, NO. Very Happy
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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

Post by jose on Fri Nov 25, 2011 10:00 am

conflict of interest!!!!! Ombudsman can answer that !!!!!

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Re: IS IT LEGAL THAT ALL MEMBERS OF THE BAC ARE RELATIVES ? ANY PROVISION OR LAW ?

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