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Typhoon Ondoy

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Re: Typhoon Ondoy

Post by msm326 on Wed Oct 14, 2009 9:11 am

to all my colleagues,
We are those one of the badly and still suffering the effects of typhoon Ondoy....even my kids have this trauma when the rain came..I need to be strong as a mother and not as a procurement officer...iba pala talaga when you are dealing with a policy rather than coping to withstand the effects of nature....
I was the president of environment officers here in Laguna too and still need more intense advocacies to unite all filipinos to understand the ill effects of global warming and climate change to our country please forum members .....you to can do your share by making this a way of your life same as daily browsing on this homepage ......LET US BE CONCERN TO SEGREGATE OUR WASTES .....PLANT MORE MORE MORE TREES.....CHANGE OUR INSTANT LIFESTYLE AND USE RECYCLABLE ITEMS......WE NEED TO ACT NOW OTHERWISE OUR NATURE WILL NEVER FORGIVE US.............
Half of our LGU is still inder water ...being the lowest point in the province we became the catchment area of Laguna de Bay....almost five barangays are still in the evacuation centers....even my family I need to relocate to overcome the trauma......
msm326
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Re: Typhoon Ondoy

Post by jcolas on Wed Oct 14, 2009 7:41 pm

To all Concerned:
I commiserate and I understand the situation of msm326. I was with my family in Baguio when typhoon pepeng struck the city and the nearby Municipality of La Trinidad. Being unscathed by the typhoon, I went to extend my help to the people of "Little Kibungan" situated at Puguis, La Trinidad; and my dilemma started. We have been talking of the Government Procurement Reform Act. I even stated in one of my posts that politicians should not take advantage of the emergency situation to dip their hands into the funds, whether General Fund or donations in cash. I went further by saying that appropriate procurement methods should still be used in the procurement of things needed during the emergency situation. But when I joined the rescue team, I am now beginning to question the procurement law during emergency situation. When the Province of Benguet started to be filled with cadavers from landslides, Governor Fongwan started buying coffins from all Furniture shops in the province with out bidding/shopping/negotiated procurement/direct contracting or what have you. Definitely, that was against RA 9184, But given the situation, I agree with him wholeheartedly that that was the proper thing to do, and when I left yesterday, he was urging all furniture shops to manufacture more. When the dead has to be embalmed, he procured with out adhering to the procurement law all the chemicals the drugstores has to offer. There were many procurement that were against RA 9184, but I agree with him again. It is obvious that all his actions were against RA 9184, but what say you, my friends?
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Re: Typhoon Ondoy

Post by engrjhez® on Wed Oct 14, 2009 9:51 pm


I likewise share my deep sympathy to the traumatic experiences each affected forum members and the rest of Filipino communities affected by these series of disasters.

There are two important points i would like to bring with this issue:

  1. Declaration of State of Calamity is a Legislative (or quasi-Legislative) action;
  2. Procurement (under the Procurement Law) is an Executive action;

In cases like the typhoons Ondoy and Pepeng, we are in debate that the damages are really a threat to both lives and properties (or better say have already induced significant damages). The Legislative (or quasi-Legislative in case of say, LDCC) Act to declare a state of calamity. This shall be the basis of Executive powers to make use of calamity fund and procure the necessary goods and services (even infra). Allegations whether the HOPE is violative of his/her action in making the procurement in line with the situation is too early to speculate because we have to understand the possible questions:

  1. Does calamity really exists? or it is simply a declaration "riding on" the situation?
  2. What are those included in the Resolution that needs to be addressed immediately: relief goods, funeral services, others, or all?
  3. Is there a documentation of the procurement done during state of calamity?
  4. Is the procurement method recommended by the BAC and approved by the HOPE?
  5. How justifiable is the conduct of direct negotiation (if any) with local merchants, suppliers, manufacturers and/or contractors?
  6. How short (or long) is the phrase "...time is of the essence..." for the BAC to conduct or not to conduct the procurement process?

Procurement Law must and always apply even in these cases. There are no shortcuts in its application because they are already realized in the formulation of the law. Regardless of whatever answers we have, the question will still remain at the end of the day - "Have we complied both necessity and accountability"?

Very Happy
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Re: Typhoon Ondoy

Post by riddler on Thu Oct 15, 2009 10:08 am

jcolas wrote:To all Concerned:
I commiserate and I understand the situation of msm326. I was with my family in Baguio when typhoon pepeng struck the city and the nearby Municipality of La Trinidad. Being unscathed by the typhoon, I went to extend my help to the people of "Little Kibungan" situated at Puguis, La Trinidad; and my dilemma started. We have been talking of the Government Procurement Reform Act. I even stated in one of my posts that politicians should not take advantage of the emergency situation to dip their hands into the funds, whether General Fund or donations in cash. I went further by saying that appropriate procurement methods should still be used in the procurement of things needed during the emergency situation. But when I joined the rescue team, I am now beginning to question the procurement law during emergency situation. When the Province of Benguet started to be filled with cadavers from landslides, Governor Fongwan started buying coffins from all Furniture shops in the province with out bidding/shopping/negotiated procurement/direct contracting or what have you. Definitely, that was against RA 9184, But given the situation, I agree with him wholeheartedly that that was the proper thing to do, and when I left yesterday, he was urging all furniture shops to manufacture more. When the dead has to be embalmed, he procured with out adhering to the procurement law all the chemicals the drugstores has to offer. There were many procurement that were against RA 9184, but I agree with him again. It is obvious that all his actions were against RA 9184, but what say you, my friends?

Yes. that was the right thing to do for the Governor... But the Governor's action could still be further legitimized if 24 hours after the calamity, a meeting of PDCC should have been conducted and issue a Resolution for the Calamity, the Resolution shall be the basis of the BAC to also issue a Resolution recommending for Alternative Method of Procurements to all calamity related procurements of the province,,I am sure that the PDCC and the BAC can do this in 1 day.
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Re: Typhoon Ondoy

Post by jcolas on Thu Oct 15, 2009 10:24 pm

Thank you Sir Ruel for that pointers. I hope that was done by the Governor as I believe, he was in good faith in all the things that he has done, and I am sure he has Procurement Practitioners who are as knowlegeable as all the members of The Forum who are his advisers in matters of procurement. Thank you again sir!!!
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Re: Typhoon Ondoy

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