Advertisement of Invitation to Bid in a Publication of general Circulation

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Advertisement of Invitation to Bid in a Publication of general Circulation

Post by fiantan on Thu Nov 05, 2009 10:11 am

We would like to ask for your opinion regarding the posting of our Invitation to Bid. In the past bidding that we undertook last May 2009 for the Construction of OR/DR Building Complex Phase III amounting to Php 12,034,124.00, we published our invitation to bid in Mindanao Goldstar Daily on April 6 and 13, 2009. Such publication circulates in Mindanao, Metro Manila and Metro Cebu per their notarized affidavit. Subsequently, we posted the invitation in PhilGEPS and in three conspicuous places in our hospital. Will the following steps we followed would violate the requirements set by RA 9184 regarding the advertisement of invitation to bids?
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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by RDV @ GP3i on Thu Nov 05, 2009 11:06 am

fiantan wrote:We would like to ask for your opinion regarding the posting of our Invitation to Bid. In the past bidding that we undertook last May 2009 for the Construction of OR/DR Building Complex Phase III amounting to Php 12,034,124.00, we published our invitation to bid in Mindanao Goldstar Daily on April 6 and 13, 2009. Such publication circulates in Mindanao, Metro Manila and Metro Cebu per their notarized affidavit. Subsequently, we posted the invitation in PhilGEPS and in three conspicuous places in our hospital. Will the following steps we followed would violate the requirements set by RA 9184 regarding the advertisement of invitation to bids?

The ABC is P12,034,124 and under IRR-A, for infra projects with ABC above P5M, there is a requirement for advertisement at least one in a newspaper of general nationwide publication which has been regularly published for at least two (2) years before the date of issue of the advertisement.

The first question is: Can "Mindanao Goldstar Daily" be considered a newspaper of general nationwide circulation. It is highly doubtful, if it says that it has daily circulation only in Mindanao, Metro Manila and Metro Cebu, that it could be considered as such. I have mentioned in another topic that to be considered as a "newspaper of general nationwide circulation" it has to appear daily in the major cities in the Philippines.

The next question is: Has Mindanao Goldstar Daily been regularly published for at least two (2) years before April 6, 2009? If it does, it must have satisfied this requirement.

As to the posting requirement, you may have complied if the posting was done in the PhilGEPS and 3 conspicuous places in the hospital, but not in your website (on the assumption that you do not have a website yet at that time), for a continues period of 7 calendar days.
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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by fiantan on Thu Nov 05, 2009 12:06 pm

Thanks for the opinion sir.

Yes, Mindanao Gold Star Daily has been in publication since September 24, 1990. Furthermore, we did post the same in PhilGEPS and in conspicuous places in our hospital.
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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by Guest on Thu Nov 05, 2009 1:14 pm

21.2.1. Except as otherwise provided in Sections 21.2.3 and 21.2.4 of this IRR-A and
for the procurement of common-use goods and supplies, the Invitation to
Apply for Eligibility and to Bid shall be:
a) Advertised at least once in one (1) newspaper of general
nationwide circulation which has been regularly published for at
least two (2) years before the date of issue of the advertisement, X X X.

I`m afraid that the Mindanao Gold Star Daily violated the "NATIONWIDE" requirement of IRRA.

Explanation: No publication in Visayas

engrjhez wrote:
Mikel wrote:Please allow me to share what I had researched regarding my query – in Perez v. Perez, GR NO. 143768, March 28, 2005, the Supreme Court, citing FMI vs. MTBC (GR No. 115068, Nov. 28, 1996), stated that -

“To be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; and that it is published at regular intervals. The newspaper must not also be devoted to the interests or published for the entertainment of a particular class, profession, trade, calling, race or religious denomination. The newspaper need not have the largest circulation so long as it is of general circulation.” (Emphasis mine)

Although the term defined herein is “ a newspaper of general circulation where the real property is located” (BTW, this case involves sale of foreclosed real property), I think the definition is applicable to RA 9184, by substituting the word “local” with “national”.

Please comment. Thank you very much.

We are missing an adjective here that is so important in the definition - NATIONWIDE. Let us read on Sec.2.2.1.a :


Advertised at least once in one (1) newspaper of general nationwide circulation which has been regularly published for at least two (2) years before the date of issue of the advertisement;


Hence the except from the jurisprudence cited above may be referred to but is not directly applicable to RA.9184. The term 'general circulation' is not actually ambiguous but rather less restrictive. Simply said, general circulation provides the definition of by itself and the 'audience criteria' that, as amang1965 correctly pointed out, applicable to children, teens, and adults alike. But when the adjective nationwide is inserted, the term narrows down to the specific definition of 'circulation'. General nationwide circulation, once used, can never pertain to any a simple "local" newspaper as the term 'local' used in the Philippine Law context pertains to political divisions such as regions, provinces, municipalities, and the barangay.

Conclusively, 'nationwide' is a categorical term which need not interpretation of its usage. If a newspaper reaches out the three (3) main islands of the Philippine Archipelago (i.e. Luzon, Visayas, and Mindanao), then it could be considered of 'nationwide circulation'. Combining with the definition of 'general circulation', we should be able to understand the term better. Very Happy

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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by engrjhez® on Sat Nov 07, 2009 2:03 am

RDV wrote:
As to the posting requirement, you may have complied if the posting was done in the PhilGEPS and 3 conspicuous places in the hospital, but not in your website (on the assumption that you do not have a website yet at that time), for a continues period of 7 calendar days.

Is this figure new? I haven't seen any that mention a minimum number of conspicuous places for posting purposes. Please enlighten us on this. Very Happy
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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by RDV @ GP3i on Sat Nov 07, 2009 7:57 am

engrjhez wrote:
RDV wrote:
As to the posting requirement, you may have complied if the posting was done in the PhilGEPS and 3 conspicuous places in the hospital, but not in your website (on the assumption that you do not have a website yet at that time), for a continues period of 7 calendar days.

Is this figure new? I haven't seen any that mention a minimum number of conspicuous places for posting purposes. Please enlighten us on this. Very Happy

There is no minimum required number of conspicuous places for posting, I just quoted fiantan as he said they have posted in 3 conspicuous places in their hospital, although even one (1) conspicuous place would already suffice. Having posted the invitation in 3 places is even better.
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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by ascentia6014 on Fri Aug 17, 2012 12:03 pm

is there any magazine that regularly posts all invitation to bid for private firms? where can we buy that one? thanks

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Re: Advertisement of Invitation to Bid in a Publication of general Circulation

Post by engrjhez® on Fri Aug 17, 2012 5:33 pm

ascentia6014 wrote:is there any magazine that regularly posts all invitation to bid for private firms? where can we buy that one? thanks

None. But there is a cheaper alternative. Register and subscribe to www.philgeps.gov.ph Smile
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