GPPB Resolution No. 12-2009

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GPPB Resolution No. 12-2009

Post by engrjhez® on Fri Mar 26, 2010 2:05 pm

Today is March 26, 2010 - the start of the 45-day election ban.

There were several arguments here (but I believe it is also everywhere) about the scope of the ComElec Resolution No. 8646 and the Omnibus Election Code particularly Sec.261 (v) and (w). The GPPB even reconciled these issues with the issuance of GPPB Reso. 12-2009. Many were still asking:

  1. Having mentioned that prohibition to issue Notice of Awards on Public Works (Sec.4.1) under Public Works, will this be true to the rest (ie. Goods, Consulting)?
  2. Following No.1, will the prohibition on procurement only applicable to social services, housing, and infrastructure projects?
  3. Is the reportorial requirement under Sec.5 of GPPB Reso.12-2009 only applicable to infra/public works?
  4. Following No.3, when the ComElec receives the reportorial requirement, does it follow the procurement under the list is "exempted" from the election ban?

Anyone? Smile
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Re: GPPB Resolution No. 12-2009

Post by Guest on Fri Mar 26, 2010 2:55 pm

The resolution only pertains to Infra projects and DSWD and other agencies with the same function of social projects.

The resolution as adopted from COMELEC reso 8732 as i interpret it will not cover the goods and consulting services.

The election code provides that during the election ban there must be no disbursement of funds, However COMELEC only issued the reso 8732 which covers Infra and DSWD social projects only. It is better to ask the Comelec whether the procurement of Goods and consulting services is included in the Election BAn because they are the proper party to interpret the election code where the prohibition eminates.

If Goods and Consulting will be included in the election Ban I believe the resolution 8732 and GPPB reso 12-2009 will govern because nothing in both reso mentioned that it covers consulting and procurement of goods.

Having said my opinion ill try to answer your question based on what I know..

1. As I said nothing in the resolutions above cited mentioned that goods and consulting services shall be covered by the said resolutions.
Thus, only Social projects and Infra only.

2. Social projects does not only pertain to infra but it includes feeding programs etc. but only pertains to DSWD and agencies with the same functions ( I don`t know other agencies with the same functions)

3. Yup yup because 12-2009 is adopted from 8732 of comelec, the purpose of this is to inform the Comelec of the ongoing projects and those which can be exemted from the election ban.

4. No, a request for exemtion must still be filed before the comelec and they will determine if such projects can be exempted ( sorry I don`t know the exact qualifications for being exempted however it is ,I believe, provided in 8732 reso of Comelec.

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Re: GPPB Resolution No. 12-2009

Post by engrjhez® on Fri Mar 26, 2010 3:32 pm

Thanks for the quick reply.

Pritong Kandule wrote:x x x
4. No, a request for exemtion must still be filed before the comelec and they will determine if such projects can be exempted ( sorry I don`t know the exact qualifications for being exempted however it is ,I believe, provided in 8732 reso of Comelec.

So, it means that a request shall still be filed for exemption. Knowing that there are thousands of LGU Agencies, will this be resolved by the ComElec in due time? I mean, baka tapos na ban, di pa nare-resolve lahat. There is no prescribed period when would the "request for exemption" be filed (exept from the reportorial requirement which is due today), am I correct? Smile
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GPPB REso 12-2009

Post by fe a. araya on Fri Mar 26, 2010 6:13 pm

Actually, just yesterday we had a healthy discussion on this matter with one of our directors. I was trying to explain to him that we need not request for exemption for our survey projects about to be awarded.
The ban is I believe is very clear that only public works and social services projects are prohibited unless w/ exemption. And REs. 12-2009 even defined what falls under "public works" and "social services". And no mention of survey projects which is categorized as consulting services. He argued that the Comelec REsolution 8732 prohibits, among others, also the disbursement/release of public funds. But reading the COMELEC Resolution, I pointed out that this refers only to public works and social services. But he insisted, just to be sure daw. So, since he is higher than me in position, I followed his instruction but deep in me, I still maintained that there is no need. You're right engrjhz, there are thousand of LGUs and NGAs who will disburse funds (granting that the argument of my director is right). Tapos na ang ban, wala be reply siguro. And how will that affect the programs and targets of the agencies if we do not disburse funds even for projects not covered by the ban?

Most of the agencies are really not clear about this.
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Re: GPPB Resolution No. 12-2009

Post by engrjhez® on Fri Mar 26, 2010 7:42 pm

Personally, I stand on the same ground as you are. Kaya nga if I am asked kung "pwede ba mag-bid, mag-award? or pwede ba kami makasingil?", basta wala sa prohibition, I would answer YES. Pero sino ba ang magpapa-bid? magpapa-award? at sino ang magpapasingil? It's NOT me. So maaaring you ask the right person to answer, but not the right person to implement. Smile
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Re: GPPB Resolution No. 12-2009

Post by msm326 on Sun Mar 28, 2010 9:02 pm

Let me share my views about this since as I understand it Resolution 12-2009 was issued to make some clarifications on the election ban but what will prevail is the omnibus election code as well as the comelec resolution pertaining guidelines on the 45-day period on election ban ....Since this is not the first time we will have elections, basically the issued resolution cited details and for me it is the same as earlier implemented ...so those covering public works (remember there are some goods and services covering public infrastructure too). There is no exemption on this matter and it is clearly stated in the resolution what are the allowed circumstances so for goods involving regular office supplies as earlier explained in RA 9184 then it is exempted provided that it is not categorize as public works (hope you got my point there)but for others that are not covered then we have to report in to the COMELEC .
In our case, I submitted those under procurement of goods but fall under public infra category since , I know there is a definition on infrastructure in RA 9184 what I am trying to point out is those requisitions under the chief executives which are not a regular works of the office . To be safe , we reported all the construction and maintenance and those with contracts such as security services.
Hope I was able to share points......
msm326 Very Happy
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catering services

Post by gherzy26 on Fri Apr 30, 2010 9:39 am

hi all i would like to get some view regarding catering services if this is exempted under gppb resolution 12-2009. is this included in the term normal/ordinary administrative expenses?

tnx for your immediate reply
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Re: GPPB Resolution No. 12-2009

Post by Niwram on Fri Apr 30, 2010 9:45 am

Under that Resolution issued by the GPPB Infra and Social works are prohibited.. but under the omnibus election code disbursement of public fund is prohibited during election subject to some exception which is the COMELEC to determine.. so better call COMELEC regarding this matter..
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Re: GPPB Resolution No. 12-2009

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