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PROCUREMENT OF LAND

Post by troy_92302 on Tue Aug 11, 2015 11:23 am

good day everyone,

i just registered but i've been reading and have learned a lot from this site.

on with my query,
if the procurement of land is not covered by RA9184, can we say therefor that the same may be procured even if it is not included in the agency's APP?
Since the APP is being required only by RA9184.

please enlighten me on this.

thank you very much

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Re: PROCUREMENT OF LAND

Post by regina avelino on Wed Aug 12, 2015 9:30 am

2012-12-21

NPM 159-2012

Requesting Entity: Procurement Service (PS)-Department of Budget and Management

Issues Concern: Acquisition of Real Property




Details

Whether Republic Act (RA) No. 9184 and its Implementing Rules and Regulations (IRR) prohibits the PS from undertaking the acquisition of real property.

The acquisition of real property is governed by RA 8974 otherwise known as "An Act to facilitate the Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects and for Other Purposes."

[A] cursory reading of RA 9184 and its IRR would reveal no express or implied prohibition on said transaction. Thus, we are of the view that RA 9184 and its IRR do not prohibit the PS or any agency from acquiring real property.


Thus my opinion, if you are to implement the procurement of real property through the provisions of the procurement law, then it is required that it should be indicated in the APP.

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Re: PROCUREMENT OF LAND

Post by troy_92302 on Wed Aug 12, 2015 2:13 pm

thanks for the insight miss regine.

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Re: PROCUREMENT OF LAND

Post by engrjhez® on Thu Aug 20, 2015 9:37 pm

troy_92302 wrote:good day everyone,

i just registered but i've been reading and have learned a lot from this site.

on with my query,
if the procurement of land is not covered by RA9184, can we say therefor that the same may be procured even if it is not included in the agency's APP?
Since the APP is being required only by RA9184.

please enlighten me on this.

thank you very much

Yes.

The IRR is clear:

4.4 This IRR shall not apply to the following activities:
xxx
b) Acquisition of real property which shall be governed by R.A. 8974, entitled “An Act to Facilitate the Acquisition of Right-of-Way Site or Location for National Government Infrastructure Projects and for Other Purposes,” and other applicable laws; xxx

Hence the requirement that "no procurement shall not be undertaken unless it is in accordance with the approved APP of the procuring entity" (Sec.7.2, IRR) is not applicable.

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Re: PROCUREMENT OF LAND

Post by icoffice on Mon Oct 12, 2015 4:12 pm

Will EO 1035 be applicable to the purchase of land by GOCC?

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