RA 9184 Government Procurement Reform 7.

Award of contract
Act f. Consulting Services services for projects and
activities requiring adequate external
Article I General Provisions technical and professional expertise that are
beyond and or capacity of the government to
Sec 2. Declaration of Policy to promote the
undertake such.
ideals of good governance in all its branches,
g. (G-EPS) Government Electronic Procurement
departments, agencies, subdivisions, and
System see Sec 8
instrumentalities, including GOCCS, and LGUs.
h. Goods refer to all items, supplies, materials
and general support services except
Sec 3. Governing Principles on Government
consulting services and infrastructure projects
Procurement
in pursuit of any government undertaking.
a. Transparency in procurement process and
i. Government Procurement Policy Board (GPPB)
implementation of contracts
see Article 10.
b. Competitiveness equal opportunity
j. Head of Procuring Entity
c. Streamlined procurement process
a. NGA Head of Agency or authorized official
uniform, simple, adaptable to modern tech
b. GOCC governing Board or authorized
d. System of accountability public officials
official
(whether directly or indirectly involved) can
c. LGU local chief executive
be held liable when warranted by
d. Dept/office/agency for decentralized
circumstance
procurement Head of Unit
e. Public monitoring of procurement process
k. Infrastructure Projects include construction,
and implementation of awarded contracts
improvement, rehabilitation, demolition,
contracts awarded according to guidelines
repair, restoration, maintenance
and implemented according to
l. Implementing Rules and Regulations (IRR)
specifications
Sec 75
m. Portal refers to website that aggregates a
Sec 4. Scope and Application applies to
wide variety of content for purpose of
procurement of infrastructure projects, goods, and
attracting a large number of users
consulting services, regardless of source of fund,
n. Procurement refers to the acquisition of
of all government instrumentalities.
Goods, Consulting Services and contracting for
Infrastructure projects by the procuring entity.
Sec 5. Definition of Terms
Also includes lease of goods and real estate
a. Approved Budget for the Contract (ABC)
(governed by RA 8974 Act to facilitate the
budget for contract duly approved by Head of
acquisition of right of way site or location for
Procuring Entity as provided by:
NG Infrastructure Projects and for other
1. GAA for NGA
purposes)
2. Corporate Budget approved by Board
o. Procuring Entity refers to any branch, dept,
pursuant to EO # 518 of 1979 for GOCC,
office, agency or instrumentality of the govt.
GFI and SUC
3. Budget for the Contract approved by
Sec 6. Standardization of Procurement
Sanggunian for LGUs
Process and Forms To systematize the
b. Bids and Awards Committee (BAC) see Art V.
process, avoid confusion, and ensure
c. Bidding Documents docs issued by Procuring
transparency. GPPB to develop generic
Entity as basis for bids
procurement manuals and standard bidding forms
d. Bid signed offer or proposal submitted by a
to be used mandatorily by all Procuring Entities.
supplier, manufacturer, distributor, contractor
or consultant as response to bidding docs
Article II Procurement Planning
e. Competitive Bidding method of procurement
that is open to participation by any interested
Sec 7. Procurement Planning and Budgeting
party. It consists of the ff processes:
Linkage
1. Advertisement
Procurement within approved budget and
2. Pre-bid conference
meticulously and judiciously planned
3. Eligibility screening of prospective bidders
No govt procurement shall be undertaken
4. Receipt and opening of bids
5. Evaluation of bids unless it is in accordance with approved
6. Post qualifications Annual Procurement Plan.
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 Annual Procurement Plan Recommend imposition of sanctions
- Approved by Head of Procuring Entity Creation of Technical Working Group (TWG)
- Consistent with approved yearly budget Recommend the use of Alternative Methods of
- Formulated and revised in accordance with Procurement
IRR Ensures that the PE abides by this act and IRR
- For Infrastructure Projects, should include Prepares procurement monitoring report that
engineering design and acquisition of right is approved and submitted by Head of PE to
of way. GPPB on semestral basis.
Article III Procurement by Electronic Means
Sec 13. Observers
Sec 8. Procurement by Electronic Means Representative of COA, 2 observers, 1 from
Information and communications technology recognized private group without interest in
shall be utilized in procurement procedures contract to be bid out, will sit on proceedings
G-EPS shall serve as primary source of info for Observers should be duly registered with SEC
govt procurement. and meet criteria in IRR.
GPPB is authorized to approve changes in
procurement process to adapt to modern Sec 14. BAC Secretariat main support of the
technology BAC created by Head of PE. Can be designated an
Common supplies Procuring Entity to use existing organic office.
GEPS;
Sec 15. Honoraria of BAC Members
Sec 9. Security, Integrity, and Honoraria not to exceed 25% of their base pay
Confidentiality subject to fund availability as per DBM guidelines.
Docs submitted through the system is ensured
by G-EPS Sec 16. Professionalization of BAC, BAC
Includes a feature providing audit trail Secretariat and TWG Members GPPB to
establish a sustained training program for
Article IV Competitive Bidding developing the capacity of BAC, BAC Secretariat
and TWG
Sec 10. Competitive Bidding All procurement
done through Competitive Bidding except Art. 16 Article VI Preparation of Bidding
(Alternative Procurement Methods) Documents

Article V Bids and Awards Committee
Sec 11. The BAC and its Composition
one single BAC per PE
Composed of at least 5-7 members
Chaired by at least a third ranking permanent
official other than its head
BAC members are designated by Head of
Procuring Entity with 1 yr appointment,
renewable at discretion of Head
In case member unable to finish the 1 yr, the
replacement to serve for unexpired term.
Member can be suspended or removed by
Head of PE
Sec 12. Functions of the BAC
Perform process of competitive bidding,
except award, they can only recommend
whom to award. In case Head of PE
disapproves the recommendation it shall be
based on valid grounds that is in writing cc to Sec 18. Reference to Brand Names specs of
BAC.
Sec 17. Form and Contents of Bidding
Documents is prepared by the PE following the
standard forms and manuals prescribed by GPPB.
It includes the following:
a. Approved Budget
b. Instruction to Bidders
c. TOR
d. Eligibility Requirements
e. Plans and Technical Specifications
f. Form of Bid, Price Form, and List of Goods
or Bill of Quantities
g. Delivery Time or Completion Schedule
h. Form and Amount of Bid Security
i. Form and Amount of Performance Security
and Warranty; and
j. Form of Contract, and General and Special
Conditions of Contract
k. Other additional requirements to complete
information
goods based on relevant characteristics.
Reference to brand names shall not be allowed.
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Sec 19. Access to Information - all should
have equal access to information
Article VII Invitation to Bid
Sec 20. Pre-Procurement Conference
Held for each procurement above a certain
level specified in IRR. Below this level or
amount Pre-Procurement Conference
optional.
Assesses the readiness of the procurement in
confirming fund availability, review of relevant
docs.
Attended by BAC, the unit/officials who
prepared the bidding docs and draft of
invitation to bid, consultants hired and
representative of end-user
Sec 21. Advertising and Contents of
Invitation to Bid
Advertising in posting in PEs premises,
newspapers og general circulation, G-EPS,
website of PE to ensure widest possible
dissemination
Invitation to Bid shall contain:
a. Brief description of subject matter of
procurement
b. General statement on the criteria for
eligibility check, short-listing, examination
and evaluation of bids, and post-
qualification
c. Date, time, and place of deadline for
submission and receipt of eligibility
requirements, pre-bid conference,
submission and receipt of bids, and
opening of bids.
d. Approved budget for contract to be bid
e. Source of fund
f. Period of availability of bidding docs and
place where these may be secured
g. Contract duration
h. Other necessary info
Sec 22. Pre-Bid Conference
At least 1 Pre-Bid Conference per procurement
Sec 29. Bid Opening
May be conducted upon reque3st of any
prospective bidder
Held within reasonable period before the
deadline for receipt of bids
Article VIII Receipt and Opening of Bids
Sec 23. Eligibility Requirements for the Sec 30. Preliminary Examination of Bids
Procurement of Goods and Infrastructure
Projects
Eligibility requirements should provide for fair
and equal access to all prospective bidders
docs submitted by bidder should be made
under oath for completeness and authenticity
Prospective bidder can submit it electronically
but later certify under oath.
Sec 24. Eligibility Requirements and Short
Listing for Consulting Services
is Bidders compliance determined by eligibility
requirements
docs submitted by bidder should be made
under oath for completeness and authenticity
Prospective bidder can submit it electronically
but later certify under oath.
Eligible prospective bidders shall then be
evaluated using numerical ratings on the basis
of short listing requirements.
Sec 25. Submission and Receipt of Bids
Bid shall have 2 components; Technical and
Financial submitted simultaneously in separate
sealed envelopes
Deadline is fixed by BAC. Submissions after
deadline is not accepted
Sec 26. Modification and Withdrawal of Bids
Modification done before deadline for receipt
of bids; submitted in a sealed envelope duly
identified as modification and stamped
received by BAC.
Withdrawal expressed through a letter before
deadline of receipt of bid. No longer allowed to
submit another bid for same contract.
Sec 27. Bid Security
Accompanies the bid security shall serve as a
guarantee that after receipt of notice of
award, the winning bidder shall enter into
contract with PE within the stipulated time and
furnish the required performance security.
Sec 28. Bid Validity
Valid for period of time indicated in the bid
docs.
BAC to publicly open all bids at time and date
specified in bid docs. Minutes of bid opening
shall be made available to the public upon
written request and payment of specified fee.
Article IX Bid Evaluation
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 Open and examine Technical component Instances of failure of bidding:
(using Pass/fail) if pass/complete Open - No bids are received
Financial Component. - No bid qualifies
- Bidder refuses to accept the award of
Sec 31. Ceiling for Bid Prices contract
ABC is upper limit for bid prices. Bid exceeding Contract shall be re-advertised and re-bid and
this ceiling shall be disqualified BAC to follow same process
No lower limit as to amount If 2nd bidding fails, BAC may resort to
negotiated procurement as per Sec 53.
Sec 32. Bid for Procurement of Goods and
Infrastructure Projects Sec 36. Single Calculated/Rated and
BAC to evaluate financial component of bids. Responsive Bid Submission
Bids that passed are ranked from lowest to Single calculated/rated and responsive bid
highest of their calculated prices. shall be considered for award if it:
Lowest Calculated bid bid with lowest a. After advertisement, only 1 prospective
calculated price. bidder submits a letter of Intent and or
applies for eligibility check and meets the
Sec 33. Bid Evaluation of Short Listed eligibility rqts or criteria, after which it
Bidders for Consulting Services submits a bid which is found to be
Bids are evaluated and ranked from highest to responsive to the bidding rqts
lowest using numerical ratings according to b. If after advertisement, more than 1
evaluation criteria such as: experience, prospective bidder applies for eligibility
performance, quality of personnel, price and check but only 1 bidder meets the
methodology. eligibility rqts or criteria, after which it
Highest Rated Bid bid with highest calculated submits a bid which is found to be
rating responsive to the bidding rqts
After approval of Head of PE the Highest Rated c. If after the eligibility check, more than 1
Bidder is invited for negotiation. If negotiation bidder meets the eligibility rqts, but only 1
fails, the second rank bidder is opened for bidder submits bid which is found to be
negotiations provided total contract amount responsive to the bidding rqts
indicated in the financial envelope shall not Article XI Post-Qualification
exceed the ABC.
Sec 37. Notice and Execution of Award
Article X Post-Qualification Within 15 days from determination of lowest
calculated responsive bid or highest rated
Sec 34. Objective and Process of Post- responsive bid, Head of PE shall
Qualification approve/disapprove said recommendation.
Post-Qualification stage where the lowest If approved issue the Notice of Award
calculated bid and highest rated bid Within 10 days after receipt of Notice of
undergoes verification and validation whether award, winning bidder shall formally enter into
he has passed all the requirements and contract with the Procuring Entity.
conditions specified in bid docs Max of 20 days is given for
Bidder passed the post-qualification: approval/disapproval of higher authority
*Lowest calculated bid lowest calculated In case of GOCC, Board to take action on
responsive bid recommendation within 30 days
*Highest Rated Bid Highest Rated Pe to issue Notice to Proceed to the winning
Responsive Bid bidder not later than 7 calendar days from
Bidder fails the post-qualification post- date of approval.
disqualified
In all cases, the contract shall be awarded only Sec 38. Period of Action on Procurement
to the bidder with the Lowest Calculated Activities
Responsive Bid or Highest Rated Responsive Opening of bids up to award shall not exceed 3
Bid mos.

Sec 35. Failure of Bidding -

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 If no action on the contract is taken by Head of Infra proj and priority programs funded from
PE or Board within periods specified, the GAA intended within the province is subjected
contract shall be deemed approved. to public bidding

Sec 39. Performance Security Sec 45. Provincial Bidders

Bidder, as a measure of guarantee for faithful A contractor with principal office within the
performance and compliance, be required to
post a performance security in such form and
amount as specified in the Bidding docs.
Sec 40. Failure to Enter into Contract and
Post Performance Security
Bidder is disqualified
BAC undertakes post-qualification for next-
rank. Procedure is repeated until an award is
made. If no award is possible, the contract
shall be subjected to a new bidding.
In case of failure to post the required security
performance, the bid security shall be
forfeited.
province, who submits the lowest bid among
provincial bidders that is higher than the
lowest bid made by another contractor with
principal office outside the province shall be
granted the privilege to match the bid made
by the latter. Provided, that the release of
funds for said project is published in a local
newspaper with wide circulation and DBM
website.
Mechanisms in IRR
Article XIV Lease of Computers,
Communications, Information and Other
Equipment

Sec 41. Reservation Clause Sec 46. Lease Contracts

Head of Agency reserves the right to reject
any and all bids, declare a failure of bidding, or
not award the contract in the following
situations:
a. There is prima facie evidence of collusion
between public officers/employees, BAC,
and any of bidders or collusion between
the bidders themselves or bidder and third
party.
b. BAC failed to follow prescribed bidding
procedures
c. Grounds where award of contract will not
redound to the benefit of the government
Sec 42. Contract Implementation and
Termination prescribed by IRR; rules and Sec 48. Alternative Methods subject to
guidelines include standard general and special approval from Head of PE; alternative methods
conditions for contracts.
Article XII Domestic and Foreign
Procurement
Sec 43. Procurement of Domestic and
Foreign Goods
May procure domestically and foreign,
however PE may give preference to domestic
goods in interest of availability, efficiency, and
timely delivery
Article XIII Bidding of Provincial Projects
Sec 44. Bidding of Provincial Projects
ICT equipment are subject to public bidding
Article XV Disclosure of Relations
Sec 47. Disclosure of Relations
All bid docs submitted as accompanied by a
sworn affidavit that the bidder or any officer of
their corporation is not related to the Head of
PE by consanguinity or affinity up to third civil
degree.
Non-compliance disqualified
Article XVI Alternative Methods of
Procurement
are:
a. Limited source bidding (Selective Bidding)
direct invitation to bid by PE from a set of
selected suppliers/consultants
b. Direct Contracting (Single Source
Procurement) supplier is asked to submit
a price quotation
c. Repeat Order direct procurement of
goods from previous winning bidder
whenever the need to replenish goods
d. Shopping PE requests submission of price
quotations for readily available off-the-
shelf Goods or ordinary equipment from
known suppliers
e. Negotiated Procurement PE directly
negotiates a contract with a technically,

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 legally and financially capable supplier,
contractor or consultant.
Sec 49. Limited Source Bidding
Resorted to in any of ff conditions:
a. Procurement of highly specialized type of
Goods and Consulting Services known to
be obtainable from a limited number of
sources
b. Procurement of major plant components to
limit bidding in order to maintain optimum
and uniform level of quality and
performance of the plant
Sec 50. Direct Contracting
Resorted to in any of ff conditions:
a. Procurement of goods of proprietary nature
obtained only from a proprietary source
(Ex. Patents, trade secret)
b. Procurement of critical components from a
specific manufacturer, supplier or
distributor to hold the contractor to
guarantee project performance
c. Those sold by an exclusive dealer or
manufacturer with no sub-dealers with
lower price and no suitable substitute can
be obtained
Sec 51. Repeat Order
Allowed if provided in APP subject to ff
conditions:
a. Unit price original contract
b. Repeat order does not result in splitting of
requisitions or POs
c. Availed within 6 mos from date of notice to
proceed from original contract (also see
special circumstances in IRR)
d. Repeat order not to exceed 25% of
quantity of each item of the original
contract
Sec 52. Shopping
Resorted to in ff conditions:
a. Unforeseen contingency requiring
immediate purchase; amount not to
exceed P50K Sec 59. Arbitration
b. Procurement of office supplies and All disputes from contract implementation
equipment not available in Procurement
Service; amount not to exceed P250K.
Provided:
1. Procurement does not result in splitting
of contracts
2. 3 price quotations were obtained
Sec 53. Negotiated Procurement
Resorted to in ff conditions:
a. In case of 2 failed biddings
b. In case of imminent danger to life or
property during a state of calamity,
natural/man made calamities where
immediate action is necessary
c. Take-over contracts that have been
rescinded or terminated and immediate
action is necessary
d. Subject contract is adjacent to an ongoing
infra project provided original project was
competitively bided out
e. Subject to guidelines in IRR
Sec 54. Terms and Conditions for use of
Alternative Methods - application of each
alternative methods is specified in IRR
Article XVII Protest Mechanism
Sec 55. Protests on Decisions of BAC
BAC decisions in all stages may be protested
to Head of PE and shall be in writing and by
paying a non-refundable protest fee
Amt of protest fee specified in IRR
Sec 56. Resolution of Protests
PE Heads to decide up to certain amounts in
IRR; decision deemed final
Sec 57. Non-interruption of Bidding Process
No protest shall delay the bidding process.
Protests must first be resolved before award is
made
Sec 58. Report to Regular Courts; Certiorari
Resorted to only after completion of protest
process
Cases of violation of process shall be
dismissed for lack of jurisdiction
RTC to rule over final decisions of Head of PE
Court actions governed by Rule 65 of 1997
Rules of Civil Procedure
Article XVIII Settlement of Disputes
covered by RA 9184 shall be submitted for
arbitration in accordance with RA 876
Arbitration Law. Provided:
1. Disputes within competence of
Construction Industry Arbitration
Commission shall be resolved therein.
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 2. By mutual agreement, parties may agree
to resort to alternative modes to resolve
dispute
Article XIX Contract Prices and Warranties
Sec 61. Contract Prices
All bid prices shall be considered as fixed
prices and not subject to escalation during
contract implementation, except under
extraordinary circumstances and prior
approval by GPPB
Extraordinary circumstance events as
determined by NEDA and upon
recommendation of PE concerned
Sec 62. Warranty
For procurement of Goods
- Period defined by IRR
- covered by either retention of money in
equivalent to percentage of payment
progress or special bank guarantee
equivalent to a percent of total contract
price; amounts to be released after lapse
of warranty period and goods are free from
defects
Procurement of Infrastructure projectrs
- Period defined by IRR in consideration with
scale and coverage of project from its final
acceptance by the govt
- Contractor responsible for:
any damage except those occasioned
by force majeure.
Safety, protection, security and
convenience of his personnel, third
parties, and l=public
- Contractor to put up warranty security
(cash/bank guarantee, letter of credit GSIS
bond, or callable surety bond)
- Repair works undertaken at contractors
expense within 90 days from time the
Head of PE issued the order to undertake
repair. Failure to comply/refusal, Govt to
undertake such repair works and shall be
entitled to full reimbursement of expenses
upon demand. Contractor to be perpetually
disqualified from any public bidding and his
properties shall be subject to attachment
to recover the costs.
Article XX The Government Procurement
Policy Board
Sec 63. Organization and Functions
GPPB is established to:
a. Protect national interest in all matters
affecting public procurement
b. Formulate and amend the IRR and
standard forms as necessary
c. Ensure that PEs regularly conduct
procurement training programs and
prepare procurement manual
d. Conduct annual review of the effectiveness
of this Act and recommend any
amendments as necessary
GPPB to convene in 15 days to formulate IRR
GPPB supported by a technical office
GPPB to absorb Procurement Policy Board
created under EO 359 of 1989.
GPPB to absorb functions of Infrastructure
Committee NEDA
Sec 64. Membership
GPPB is composed of:
a. Chair - DBM Sec
b. Alternate Chair NEDA Dir. Gen
c. Members: Sec of DPWH, DOF, DTI, DOH,
DND, DepEd, DILG, DOST, DOTC, DOE or
their duly authorized reps and reps from
private sector as appointed by the
President upon recommendation of GPPB.
d. Resource Person COA; as per invitation by
GPPB
Article XXI Penal Clause
Sec 65. Offenses and Penalties
Public officers who commit the ff acts shall
suffer a penalty of 6yrs 1 day 15 yrs
imprisonment:
1. Open any sealed bid prior to appointed
time for public opening of bids
2. Delaying without justifiable cause of
screening for eligibility, opening of bids,
evaluation and post-evaluation, and
awarding
3. Undue influence on any BAC member or
officer of PE to take favors or favor a
particular bidder
4. Splitting of contracts which exceed
procedural purchase limits and competitive
bidding
5. Head of PE abuse his power to reject any or
all bids with manifest preference to any
bidder.
Private individuals, including any public officer
who conspires with the, who commit the ff
acts shall suffer a penalty of 6yrs 1 day 15
yrs imprisonment and disqualification from
transacting business with the Govt:
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 1. 2 or more bidders agree (collude) where
contract will surely be awarded to pre-
arranged lowest bid
2. Bidder maliciously submits different bids
through 2 or more persons, partnerships or
corp to create appearance of competition
3. 2 or more bidders agree to call upon one to
refrain from bidding or withdraw bid
submitted intended to secure undue
advantage
4. When a bidder employ schemes to restrain
natural rivalry of parties or operates to
suppress competition and thus produce
result disadvantageous to the public
Private individuals, including any public officer
who conspires with the, who commit the ff
acts shall suffer a penalty of 6yrs 1 day 15
yrs imprisonment:
1. Submit eligibility rqts that contain false
information or falsified documents or
conceal information to influence the
outcome of eligibility screening
2. Submit bid docs that contain false
information or falsified documents or
conceal information to influence the
outcome public bidding
3. Participate in a public bidding using the
name of another or allow another to use
ones name
4. Withdraw a bid, after it qualifies as lowest
calculated bid/highest rated bid, or refuse
to accept an award without just cause to
force PE to award the contract to another
bidder. This includes non-submission within
prescribed time, delaying submission of
rqts.
When bidder is a juridical entity, criminal
liability and accessory penalties imposed on
its directors, officers/ employees who commit
any of foregoing acts.
Sec 66. Jurisdiction
Belong to appropriate courts accdg to existing Sec 70. Preventive Suspension
laws at time of commission of the offenses
Article XXII Civil Liability
Sec 67. Civil Liability in Case of Conviction
Conviction under this act or RA 3019 Anti
Graft and Corrupt Practices shall carry for Sec 71. Lifting of Suspension and Removal
civil liability which may consist of:
restitution for damage done or
forfeiture in favor of government of any
unwarranted benefit derived from the act/s
or
both, at courts discretion
Sec 68. Liquidated Damages
All contracts shall contain a provision for
liquidated damages in case of breach.
Amount specified in IRR
Article XXIII Administrative Sanctions
Sec 69. Imposition of Administrative
Penalties
Head of PE to impose sanctions (may be
delegated to BAC)
Admin penalties for the ff violations:
1. Submission of eligibility rqts containing
false info or falsified docs
2. Submission of bids containing false info or
falsified docs
3. Allowing use of ones name or using the
name of another in bidding
4. Withdrawal of bid, refusal to accept award
or enter into contract without justifiable
cause
5. Refusal or failure to post the required
performance security within the prescribed
time
6. Termination of contract due to default of
bidder
7. Refusal to clarify its bid within 7 days from
receipt of request for clarification
8. Any documented unsolicited attempt by a
bidder to duly influence the outcome of
bidding in his favor
Admin penalties being given:
1. ART 21 criminal liability imprisonment
(6yrs 1 day 15 yrs)
2. Art 22 civil liability restitution for
damage or forfeiture or both
3. Suspension
1st offense 1 year
2nd offense 2 years
4. Forfeiture of security posted
Head of PE to preventively suspend TWG,
Secretariat, or BAC if there are prima facie
evidence that the officials/employees are
guilty of dishonesty, or those defined in Art 21
and 22
of Administrative Disabilities
In accordance with Sec 52 & 53, Ch6, (Civil
Service Commisision) Book 5 of EO # 292 the
Administrative Code of 1987
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 Article XXIV Legal Assistance and President and Chairman of the House
Indemnification of BAC Members Committee on Appropriations, and 2 members
appointed by House Speaker
Sec 72. Private Legal Assistance
BAC members are authorized to hire private Sec 75. Implementing Rules and Regulations
lawyers and Standard Forms
IRR shall be formulated within 60 days from
Sec 73. Indemnification of BAC members promulgation by GPPB and Oversight
GPPB to establish indemnification package for Committee
BAC members in connection with any civil or IRR to be approved by President
criminal action, suit or proceeding in the Standard forms of Procurement shall be
performance of their duties UNLESS they are formulated and approved within 30 days of IRR
finally adjudged to be liable for gross approval
negligence or misconduct or grave abuse of
discretion. Sec 76. Repealing Clause
Assistance in the form of free legal assistance, Repeals: EO# 40 of 2001; EO#262 series of
liability insurance, medical assistance, etc 2000; Sec 3 pf EO#201 series of 2000; EO#
Settlement or compromise indemnification 302 series of 1996, PD# 1594
only on matters covered by settlement Amends: Title 6, Book 2 of RA# 7160; EO#
provided they have not committed gross 164 Series of 1987 and RA#7898
negligence, misconduct or are dishonest
Sec 77. Separability Clause
Article XXV Final Provisions If any provisions is declared invalid, unaffected
provisions to remain valid
Sec 74. Oversight Committee
Joint Congressional Oversight Committee Sec 78. Effectivity Clause
oversees the implementation of this Act This Act shall take effect 15 days after
(effectivity date to 5 yrs) publication in Official Gazette or in 2
Composed of Chairman of Senate Committee newspaper of general circulation
on Constitutional Amendments and Revision of
Laws, 2 members appointed by Senate

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