PUBLIC ELECTIVE OFFICIALS

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PUBLIC ELECTIVE OFFICIALS

Post by fastmuv2 on Wed Jun 23, 2010 12:41 pm

What if Board Member who is an owner of a construction firm, can he join?his construction company join public biddings? how about a councilor?

Example:
"A" is a councilor of the city of delacruz. can he join public biddings of DEPED(division or region), NHA, or any government projects?
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Re: PUBLIC ELECTIVE OFFICIALS

Post by Niwram on Wed Jun 23, 2010 2:54 pm

If such public officer or the firm that he/she owned will influence the outcome of the bidding then he/she cannot join.. If they join and it was proved that they have influence the outcome of the bidding then they are guilty and will be penalize under RA 9184.
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Re: PUBLIC ELECTIVE OFFICIALS

Post by sunriser431 on Wed Jun 23, 2010 10:47 pm

fastmuv2 wrote:What if Board Member who is an owner of a construction firm, can he join?his construction company join public biddings? how about a councilor?

Example:
"A" is a councilor of the city of delacruz. can he join public biddings of DEPED(division or region), NHA, or any government projects?
Excerpt from RA# 6713 which is self explanatory
(a) xxxx
(i) "Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance of official duty. xxxx
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Re: PUBLIC ELECTIVE OFFICIALS

Post by engrjhez® on Thu Jun 24, 2010 8:45 pm

fastmuv2 wrote:What if Board Member who is an owner of a construction firm, can he join?his construction company join public biddings? how about a councilor?

Example:
"A" is a councilor of the city of delacruz. can he join public biddings of DEPED(division or region), NHA, or any government projects?
The answer is in Section 47 of the Revised IRR.
Section 47. Disclosure of Relations
All bids shall be accompanied by a sworn affidavit of the bidder that it is not related to the
Head of the Procuring Entity, members of the BAC, the TWG, and the BAC Secretariat, the
head of the PMO or the end-user unit, and the project consultants, by consanguinity or
affinity up to the third civil degree. Failure to comply with the aforementioned provision
shall be a ground for the automatic disqualification of the bid in consonance with Section 30
of this IRR. For this reason, relation to the aforementioned persons within the third civil
degree of consanguinity or affinity shall automatically disqualify the bidder from participating
in the procurement of contracts of the procuring entity. On the part of the bidder, this
provision shall apply to the following persons:
a) If the bidder is an individual or a sole proprietorship, to the bidder himself;
b) If the bidder is a partnership, to all its officers and members;
c) If the bidder is a corporation, to all its officers, directors, and controlling stockholders;
and
d) If the bidder is a joint venture, the provisions of items (a), (b), or (c) of this Section
shall correspondingly apply to each of the members of the said joint venture, as may
be appropriate.
Technically, if the councilor is never related in he manner described above, he/she may be allowed to join. As far as RA.9184 is concerned, he/she may have not violated any provision but there are other laws that may apply (like RA.6713, etc.)

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Re: PUBLIC ELECTIVE OFFICIALS

Post by fastmuv2 on Sat Jun 26, 2010 10:52 am

thank you. i think sec 47 appies to those related to the BAC.
6713 applies financial or material interest in any transaction requiring the approval of their office (public official, employee).

the contention of the BAC is that a councilor is allowed to join the bidding of (let us say) deped division office located where the bidder is a councilor, for the reason that there is no conflict of interest and outside the jurisdiction since what is involved according to them is a national fund... if it is a city project, the councilor is disqualified.
scratch

question is: should it be ANY PROJECT involving govt fund? regardless if it is a local or natioanl fund? for as long as your are a councilor or board member or an official, you cannot join or participate or have any financial or material interest in any governmental transaction.
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Re: PUBLIC ELECTIVE OFFICIALS

Post by engrjhez® on Sun Jun 27, 2010 2:37 pm

fastmuv2,

I think it is just like how "Code of Conduct" and "Ethical Standards" is taken by each one of us. Technically, violation only occurs on conflict of interest (regardless of funding source). Having sad that, even if the funding is from the City Government, the City Councilor may join as long as he/she is not related to the HOPE, BAC, etc. He/she may also be free from any violation of RA.6713. But for me, to cast any doubt of influence or involvement, i'd rather refrain from transacting with the government (whether under the same or outside office).

This may be a useful thread >>> [Discussion on Disclosure Provisions]
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