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procurement of live bands / musikeros

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procurement of live bands / musikeros

Post by ikuz23 on Wed May 04, 2011 5:57 pm

bawal na po ba kumuha ng live bands para sa mga fiesta? please explain further local government code sec. 343. tnx
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Re: procurement of live bands / musikeros

Post by engrjhez® on Thu May 05, 2011 2:09 pm

ikuz23 wrote:bawal na po ba kumuha ng live bands para sa mga fiesta? please explain further local government code sec. 343. tnx

You have to check if it is excessive, unnecessary and/or extravagant expenses. That would be the general guiding principle.

You may also want to view the long threads of this topic.

...or this topic.

Smile
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Re: procurement of live bands / musikeros

Post by ikuz23 on Thu May 05, 2011 6:00 pm

thank u engrjhez, but actually i already viewed those topics. in our part, we have consider them as small value procurement twice last year but it's only 40k-50k, and they are only local bands naman. it was not posted on geps coz 50k below lng. until nalaman ko lang na prohibited pala according to GPPB staff. sa darating na feast, do we have to post it as competitive bidding? or ok lng SVP kasi maliit lng naman amount? or never na, kasi dahil nga sa code 343 ng LG code?
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Re: procurement of live bands / musikeros

Post by engrjhez® on Thu May 05, 2011 6:08 pm

ikuz23 wrote:thank u engrjhez, but actually i already viewed those topics. in our part, we have consider them as small value procurement twice last year but it's only 40k-50k, and they are only local bands naman. it was not posted on geps coz 50k below lng. until nalaman ko lang na prohibited pala according to GPPB staff. sa darating na feast, do we have to post it as competitive bidding? or ok lng SVP kasi maliit lng naman amount? or never na, kasi dahil nga sa code 343 ng LG code?

May we know what particular provision of GPRA is cited by the "GPPB staff" and why such procurement is prohibited?

Basic above all, if the procurement is not in accordance with the approved APP of the agency, that is when we have a direct violation of Sec.7.2 of the IRR. Smile
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Re: procurement of live bands / musikeros

Post by ikuz23 on Thu May 05, 2011 6:59 pm

this is her basis:
THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
BOOK I
GENERAL PROVISIONS
TITLE ONE. - BASIC PRINCIPLES
"SECTION 343. Prohibition Against Expenses for Reception and Entertainment. - No money shall be appropriated, used, or paid for entertainment or reception except to the extent of the representation allowances authorized by law or for the reception of visiting dignitaries of foreign governments or foreign missions, or when expressly authorized by the President in specific cases."
but of course we have our approve APP as basis.

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Re: procurement of live bands / musikeros

Post by engrjhez® on Sat May 07, 2011 9:53 am

ikuz23 wrote:this is her basis:
THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES
BOOK I
GENERAL PROVISIONS
TITLE ONE. - BASIC PRINCIPLES
"SECTION 343. Prohibition Against Expenses for Reception and Entertainment. - No money shall be appropriated, used, or paid for entertainment or reception except to the extent of the representation allowances authorized by law or for the reception of visiting dignitaries of foreign governments or foreign missions, or when expressly authorized by the President in specific cases."
but of course we have our approve APP as basis.


I see. This is actually the first time I have read thru this section (343), and I thank you for citing that out. In this case, we are bound to comply.Hence, this must be clarified further by the GPPB (and DILG) because there are a lot of LGUs out there (i think) who are in direct violation of this provision. Smile
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Re: procurement of live bands / musikeros

Post by ikuz23 on Sat May 07, 2011 10:36 am

yes engrjhez. i hope others will read & understand the code before they commit any violation. we too have a lot of clarification to discuss. we are just waiting for our scheduled executive meeting to brainstorm the situation. i hope the readers (specially lgu) of this forum will share their own discussions in solving this problem. oh man, "this will be a boring fiesta this year", & the years to come. i hope there will be alternative method for this.
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Re: procurement of live bands / musikeros

Post by engrjhez® on Sat May 07, 2011 11:38 pm

ikuz23 wrote:yes engrjhez. i hope others will read & understand the code before they commit any violation. we too have a lot of clarification to discuss. we are just waiting for our scheduled executive meeting to brainstorm the situation. i hope the readers (specially lgu) of this forum will share their own discussions in solving this problem. oh man, "this will be a boring fiesta this year", & the years to come. i hope there will be alternative method for this.

Yeah, but considering this provision is already there since 1991. I have read somewhere a section that seemed to contradict, if not an exception to this prohibition. I couldn't recall the lines but I will post it once I have retrieved that info. Smile
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Re: procurement of live bands / musikeros

Post by ikuz23 on Sun May 08, 2011 10:51 am

thank you sir. god bless u
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Re: procurement of live bands / musikeros

Post by engrjhez® on Tue May 10, 2011 11:10 pm

ikuz23 wrote:thank you sir. god bless u
We still have not found categorical answers to argue with the provision of LGC cited. However, we had a lot of exchange and debate as to qualify "musikeros" on that prohibition. What transpired was "musikeros" may actually not fall on the categories of "entertainment" and "reception" if we are to speak of "heritage", "tradition" and "cultural relevance". We cannot deny the fact that the tradition of hiring "musikeros" has been there for centuries. It is deeper than any reception and entertainment combined - hence still disputable.

Please do not take however this as an official answer, neither do I suggest nor would I recommend to consider this argument. This is just another "academic" discussion for everyone's reaction. Smile


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Re: procurement of live bands / musikeros

Post by ikuz23 on Fri Jun 03, 2011 3:07 pm

oooopss! sorry GPPB-TSO. i just read the forum & guidelines just today, i violate the preliminary considerations #1. Again, sorry GPPB-TSO, it will not happen again.
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