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Reconstitution of the BAC Members

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Reconstitution of the BAC Members

Post by striker on Thu Mar 29, 2012 5:44 pm

hi everyone:

i would like to ask if it legal to re-constitute the composition/ members of the BAC by the GOCC HOPE even though the current members have not yet consummated their 1 year fixed therm? is it possible or if it is possible, should there be a critical reason to be stated by the HOPE?

my apologies mga kapatid at medyo nahihilo na po. maraming salamat po.
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Re: Reconstitution of the BAC Members

Post by riddler on Fri Mar 30, 2012 10:12 am

striker wrote:hi everyone:

i would like to ask if it legal to re-constitute the composition/ members of the BAC by the GOCC HOPE even though the current members have not yet consummated their 1 year fixed therm? is it possible or if it is possible, should there be a critical reason to be stated by the HOPE?

my apologies mga kapatid at medyo nahihilo na po. maraming salamat po.

this may answer your query striker from the following provision of the IRR Very Happy

11.2.6. Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated. In case of resignation, retirement, separation,transfer, re-assignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, however, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity.(a)
Very Happy
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Re: Reconstitution of the BAC Members

Post by jcolas on Sat Mar 31, 2012 7:12 pm

:striker wrote"
hi everyone:

i would like to ask if it legal to re-constitute the composition/ members of the BAC by the GOCC HOPE even though the current members have not yet consummated their 1 year fixed therm? is it possible or if it is possible, should there be a critical reason to be stated by the HOPE?

my apologies mga kapatid at medyo nahihilo na po. maraming salamat po.


"riddler posted"
11.2.6. Unless sooner removed for a cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. Upon expiration of the terms of the current members, they shall continue to exercise their functions until new BAC members are designated. In case of resignation, retirement, separation,transfer, re-assignment, removal, or death, the replacement shall serve only for the unexpired term: Provided, however, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity.(a

It is illegal for the HOPE to reconstitute the members of the BAC even if they have not consummated their fixed term of one year without justifiable cause. Under Section 11.2.6 posted by riddler, the BAC members have a fixed term of one year reckoned from the date of their appointment. That specific provision of RA 9184 enumerates the specific scenario as to when a member is changed. From that specific provision, it is safe to state that the HOPE is not given the authority to change any member willfully and with out justifiable cause.
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Re: Reconstitution of the BAC Members

Post by striker on Sat Mar 31, 2012 11:05 pm

many thanks po sa enlightenment po Smile
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