Legal Impediments on the Supply of Goods and Services at the LGU

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Legal Impediments on the Supply of Goods and Services at the LGU

Post by jars73 on Mon Sep 08, 2014 7:41 pm

The Municipal Mayor was the husband of my first cousin with 2 legitimate daughters and therefore I am related with the Mayor by affinity. However, my first cousin died many years back where recently the Mayor remarried (2nd marriage). Due to the death of my first cousin and 2nd marriage of the Mayor, is the affinity relationship between me and the Mayor got terminated? If so, is there no legal impediment when I enter into a business transaction with the LGU through the supply of goods and services? Please likewise quote for me law provisions on this matter. I would appreciate if you could please enlighten me on this concern. Thanks.

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Re: Legal Impediments on the Supply of Goods and Services at the LGU

Post by regina avelino on Wed Sep 10, 2014 10:14 am

Section 47. Disclosure of Relations
All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the head of the PMO or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. your relationship with your cousin is already in the 4th degree, thus in my opinion there is no conflict of interest already. You can bid in this scenario.

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Re: Legal Impediments on the Supply of Goods and Services at the LGU

Post by jars73 on Thu Sep 11, 2014 6:04 pm

Hi. I appreciate your reply. How did you calculate my degree of relationship by affinity (4th degree) with the Mayor where his late wife is my first cousin? Thanks.

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Re: Legal Impediments on the Supply of Goods and Services at the LGU

Post by regina avelino on Thu Sep 18, 2014 5:44 pm

you to your mother/father is 1 degree
your mother/father to your grandmother/father is 1 degree
your grandmother/father to your mother/father's sibling is 1 degree
your mother/father's sibling to your cousin is 1 degree
so 4 in all......

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Re: Legal Impediments on the Supply of Goods and Services at the LGU

Post by engrjhez® on Fri Sep 19, 2014 9:19 pm

jars73 wrote:The Municipal Mayor was the husband of my first cousin with 2 legitimate daughters and therefore I am related with the Mayor by affinity. However, my first cousin died many years back where recently the Mayor remarried (2nd marriage). Due to the death of my first cousin and 2nd marriage of the Mayor, is the affinity relationship between me and the Mayor got terminated? If so, is there no legal impediment when I enter into a business transaction with the LGU through the supply of goods and services? Please likewise quote for me law provisions on this matter. I would appreciate if you could please enlighten me on this concern. Thanks.

Following the doctrinal application of Intestate Estate of Vda. de Carungcong v. People (G.R. No. 181409, February 11, 2010), the Supreme Court adopted the "continuing affinity view" in a criminal case that calls for the application of an absolutory condition in crimes of estafa and theft:
[The] view maintains that relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse, regardless of whether the marriage produced children or not. Under this view, the relationship by affinity endures even after the dissolution of the marriage that produced it as a result of the death of one of the parties to the said marriage. This view considers that, where statutes have indicated an intent to benefit step-relatives or in-laws, the “tie of affinity” between these people and their relatives-by-marriage is not to be regarded as terminated upon the death of one of the married parties.

In any event, you are already outside the restrictions of "Disclosure Provisions" under R.A. No. 9184, as you are related to the Mayor only to 4th civil degree by affinity.
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