Republic of the Philippines

PROVINCE OF nOHOL
City of Tagbilaran

OFFICE OF THE PROVINCIAL LEGAL OFFICER

2nd Indorsement
March 5,2004

Respectfully returned to Atty. ANTONIO S. AMORA, JR., Provincial

Administrator and Chairman, Bids and Awards Committee, this province the herein
1st Indorsement, and all its attachments, seeking legal opinion on whether or not the
Bids and Awards Committee is empowered by law to handle, evaluate and
recommend awards on bids concerning auction·sale of unserviceable and disposable
government properties, with the comment of this office, to wit:

This Office is of the view that the Bids and Awards Committee created under
Republic Act No. 9184 is not empowered by law to hanale, evaluate and recommend
awards on bids concerning auction sale of unserviceable and disposable government
properties for the following reasons:

1. Section 1 of Executive Order No. 34, series of 2003 which created the Bids
and Awards Committee provides that "(t)or the Province of Bohol, there shall only
be one Bids and Awards Committee (BAC) for its procuremellf'. Furthermore, the
last paragraph of the same Executive Order specifically mandates that II (i)n the
performance of its functions, the BAC shall strictly adhere to the provisions of Rep.
Act No. 9184 and its Rules and Regulations. Thus, it is clear that the newly created
Bids and Awards Committee is specifically tasked to perform the functions
mandated under RA. 9184.

2. Section 4 of Republic Act No. 9184 also provides that "(t)his act shall apply
to the Procurement of Infrastructure Projects, Goods, and Consulting Services,
regardless of source of funds, whether local or foreign, by all branches and
instrumentalities of government, its departments, offices and agencies, including
government owned and/ or controlled corporations and local government units,
subject to the provisions of Commonwealth Act No. 138. xxx xxx xxx". Hence, it is
also clear that disposal of unserviceable government properties is not within the
scope of RA. 9184.

3. Republic Act 9184 expressly amended Title Six, Book Two of Republic Act
No. 7160, otherwise known as the "Local Government Code of 1991" such that the
Committee on Awards, and the Local Pre-qualification, Bids and Awards Committee
(Local PBAC) created under prior laws, and all their functions, including the
supervision of public auctions for the disposal of unserviceable local government
properties under Section 379 has become obsolete and is no longer applicable. There
is nothing in RA. 9184 that the newly created Bids and Awards Committee under
said law could assume the functions of the now defunct Committee on Awards and
the Local PBAC.
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Parenthetically, it must be emphasized that the handling, evaluation and

I recommendation on bids concerning property disposal has never been the function
of the now defunct Committee on Awards and the Local PBAC. Section 379 of the
Local Government Code merely provides that the public auction for the disposal of
unserviceable government properties shall be under the supervision of the
Committee on Awards. Supervisory power, when contrasted with control, is the
power of mere oversight over an inferior body; it does not include any restraining
authority over such body (Hebron vs. Reyes, 104 Phil. 175; Mondano vs. Silvosa, 97
Phil. 143). The then Committee on Awards and the Local PBAC were merely tasked
to see to it that the officers responsible for property disposal perform their duties as
provided by statutory enactments.

The foregoing notwithstanding, the question as to who shall handle, evaluate

and recommend the bids for public auction concerning the disposal of government
properties still remains.

For this reason, reference should be made to the third and fourth paragraph of
Article 444 (a) of the Rules and Regulations Implementing the Local Government
Code of 1991 which provides:

Art. 444. Modes of Disposition of PropertlJ. - As a general rule, sale of property

owned by the LGU shall be made only through public auction. Other modes of
disposal may be resorted to when public auclion has failed.

(a) Public Auclion - xxx xxx xxx

The provincial or city general services officer or the municipa.l or barangay

treasurer, as the case may be, shall be responsible for disposal of supplies or property
of the LGU.

The local chief executive shall be responsible for the disposal of real properly,
buildings and other physical structures.

~DEIL 1. NA VEA
Legal Assistant I

Approved:

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