Effectivity of GPPB-issued Resolutions & Circulars

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Effectivity of GPPB-issued Resolutions & Circulars

Post by peegee15 on Thu Dec 11, 2014 1:32 pm

I would like to ask what will be the effectivity date of the resolutions and circulars issued by the GPPB. Is it: [1] immediately as stated in the resolution/circular; [2] the date of its publication; or [3] a certain no. of days after the publication date?

A very good example in this regard is the application of GPPB Resolution No. 20-2013 dated July 30, 2013 (NFCC) which was published March 12, 2014. In a bidding conducted November 2013, a sole bidder having insufficient NFCC opted to submit a CLC. Should the resolution was already in effect at that time and the corresponding revision was applied, the bidder should have been declared disqualified.
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Re: Effectivity of GPPB-issued Resolutions & Circulars

Post by attywaws on Wed Dec 17, 2014 4:20 pm

Hi!

In my opinion, the effectivity date of the resolution is on the same date of its publication.

Art. 2 of the New Civil Code provides that "Laws shall take effect fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation, unless other provided."

In applying the said provision to your inquiry, the publication requirement is not dispensed with as GPPB Resolution No. 20-2013 does not involve merely internal matters but sought to amend the IRR of the law itself. Publication is still mandatory to give effect to the law. When the resolution stated that "This resolution shall take effect immediately", it means that the fifteen day period of effectivity after the publication was dispensed with and that the resolution is effective on the date of its publication.
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