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Is RA5183 still in effect?

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Is RA5183 still in effect?

Post by adroth on Mon Jan 05, 2015 1:41 pm

Has section 23.5 of the IRR for RA 9184 superceded RA 5183?

For reference, RA 5183 stipulates the following:

From: http://www.lawphil.net/statutes/repacts/ra1967/ra_5183_1967.html

REPUBLIC ACT No. 5183

AN ACT REGULATING THE AWARD OF CONTRACTS FOR THE SUPPLY TO, OR PROCUREMENT BY, ANY GOVERNMENT-OWNED OR CONTROLLED CORPORATION, COMPANY, AGENCY OR MUNICIPAL CORPORATION OF MATERIALS, EQUIPMENT, GOODS AND COMMODITIES, AND PROVIDING PENALTY FOR THE VIOLATION THEREOF.

Section 1. No contract either through a public bidding or negotiated contract for the supply to, or procurement by, any government-owned or controlled corporation, company, agency or municipal corporation of materials, equipment, goods and commodities shall be awarded to any contractor or bidder who is not a citizen of the Philippines or which is not a corporation or association at least sixty percent of the capital of which is owned by Filipino citizens, except, as to a citizen, corporation or association of a country the laws or regulations of which grant similar rights or privileges to citizens of the Philippines. In the latter case the Flag Law shall continue to be applicable.

Section 2. Any violation of this Act shall be punished with a fine of not less than five thousand pesos and not more than ten thousand pesos and imprisonment of not less than two years and not more than four years. If the violation is committed by a corporation or association, the penalty shall be imposed upon the president, director or directors, managers, managing partner, or other official thereof responsible for such violation. Any alien violating or responsible for the violation of this Act shall, upon completion of the service of sentence, be deported without any further proceedings on the part of the Deportation Board. Any government official or employee who violates this Act, shall, in addition to the penalty which may be imposed upon him as principal, be temporarily or perpetually disqualified from holding any public office.

Section 3. Any law or parts of laws inconsistent herewith are hereby repealed.

Section 4. This Act shall take effect upon its approval.

Approved: September 8, 1967.
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Re: Is RA5183 still in effect?

Post by engrjhez® on Fri Jan 09, 2015 2:46 pm

adroth wrote:Has section 23.5 of the IRR for RA 9184 superceded RA 5183?

For reference, RA 5183 stipulates the following:

From: http://www.lawphil.net/statutes/repacts/ra1967/ra_5183_1967.html

REPUBLIC ACT No. 5183

AN ACT REGULATING THE AWARD OF CONTRACTS FOR THE SUPPLY TO, OR PROCUREMENT BY, ANY GOVERNMENT-OWNED OR CONTROLLED CORPORATION, COMPANY, AGENCY OR MUNICIPAL CORPORATION OF MATERIALS, EQUIPMENT, GOODS AND COMMODITIES, AND PROVIDING PENALTY FOR THE VIOLATION THEREOF.

Section 1. No contract either through a public bidding or negotiated contract for the supply to, or procurement by, any government-owned or controlled corporation, company, agency or municipal corporation of materials, equipment, goods and commodities shall be awarded to any contractor or bidder who is not a citizen of the Philippines or which is not a corporation or association at least sixty percent of the capital of which is owned by Filipino citizens, except, as to a citizen, corporation or association of a country the laws or regulations of which grant similar rights or privileges to citizens of the Philippines. In the latter case the Flag Law shall continue to be applicable.

Section 2. Any violation of this Act shall be punished with a fine of not less than five thousand pesos and not more than ten thousand pesos and imprisonment of not less than two years and not more than four years. If the violation is committed by a corporation or association, the penalty shall be imposed upon the president, director or directors, managers, managing partner, or other official thereof responsible for such violation. Any alien violating or responsible for the violation of this Act shall, upon completion of the service of sentence, be deported without any further proceedings on the part of the Deportation Board. Any government official or employee who violates this Act, shall, in addition to the penalty which may be imposed upon him as principal, be temporarily or perpetually disqualified from holding any public office.

Section 3. Any law or parts of laws inconsistent herewith are hereby repealed.

Section 4. This Act shall take effect upon its approval.

Approved: September 8, 1967.

No. An Implementing Rule (IRR) cannot repeal a statute. Laws are repealed only by subsequent ones. Here, section 23.5 cannot repeal the provisions of R.A. No. 5183.
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