Approving the Issuance of a Circular Enumerating the Acts Prohibited during the 2016 Barangay and Sanggunian Kabataan Elections

August 9, 2016

GPPB RESOLUTION NO. 014-16

APPROVING THE ISSUANCE OF A CIRCULAR ENUMERATING THE ACTS PROHIBITED DURING THE 2016 BARANGAY AND SANGGUNIAN KABATAAN ELECTIONS

WHEREAS, Republic Act (RA) No. 9184, otherwise known as the "Government Procurement Reform Act" and its revised Implementing Rules and Regulations (IRR)took effect on 26 January 2003 and 2 September 2009, respectively;

WHEREAS, Section 63 of RA 9184 mandates the Government Procurement Policy Board (GPPB) to protect national interest in all matters affecting public procurement;

WHEREAS, Section 261, paragraphs (v) and (w) of Batas Pambansa Bilang (BP) 881 1 prohibits certain transactions pertaining to the release, disbursement or expenditure of public funds, construction of public works, delivery of materials for public works, and issuance of treasury warrants and similar devices;

WHEREAS, Section 3 of RA 6679 2 mandates that the construction or maintenance of provincial, city, municipal and barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election, the provisions of Section 261, paragraphs (v) and (w), of the Omnibus Election Code to the contrary notwithstanding; caITAC

WHEREAS, the Commission on Elections (COMELEC) issued Resolution No. 10151 dated 12 July 2016 reiterating the prohibited activities during the election period for the 2016 Barangay and Sanggunian Kabataan (SK) Elections, one of which is the construction or maintenance of provincial, city, municipal or barangay-funded roads and bridges pursuant to Section 3 of RA 6679;

WHEREAS, the Election Period for the 2016 Barangay and Sanggunian Kabataan Elections shall run from 1 October to 7 November 2016 with the day of election scheduled on 31 October 2016;

WHEREAS, in the previous Barangay and Sanggunian Kabataan Elections, the GPPB issued guidelines and clarifications to guide agencies on the conduct of procurement activities during the election period with reference to the provisions of Omnibus Election Code, RA 6679 and COMELEC Resolutions;

WHEREAS, in the 9th GPPB and 6th IATWG Joint Meeting held on 9 August 2016, the GPPB agreed to approve the recommendation to issue a Circular providing clarification on the conduct of procurement activities in relation to the 31 October 2016 Barangay and Sanggunian Kabataan Elections consistent with the previous issuances of the GPPB and resolutions of the COMELEC;

NOW, THEREFORE, for and in view of all the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested on US by law and other executive issuances, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the ISSUANCE of a Circular to guide government agencies on the conduct of procurement activities during the election period for the 2016 Barangay and Sanggunian Kabataan Elections attached hereto as Annex "A".

This Resolution shall take effect immediately.

APPROVED this 9th day of August 2016 at Pasig City, Philippines.

(SGD.) _____________________________Department of Budget and Management

_____________________________National Economic and Development Authority

(SGD.) _____________________________Department of Education

(SGD.) _____________________________Department of Energy

(SGD.) _____________________________Department of Finance

(SGD.) _____________________________Department of Health

(SGD.) _____________________________Department of Information and

_____________________________Department of the Interior

_____________________________Department of National Defense

(SGD.) _____________________________Department of Public Works and Highways

_____________________________Department of Science and Technology

_____________________________Department of Trade and Industry

_____________________________Department of Transportation

(SGD.) _____________________________Private Sector Representative

Attested by:

(SGD.) DENNIS S. SANTIAGOBoard Secretary, GPPB

 

Footnotes

1. Omnibus Election Code.

2. An Act to Amend Republic Act No. 6653 to Postpone the Barangay Elections to March 28, 1989, Prescribing Additional Rules Governing the Conduct of Barangay Elections and for other Purposes.