REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

48

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

EXPLANATORY NOTE

Republic Act No. 9184, otherwise known as the Government Procurement Reform Act, was
hailed as a landmark piece of legislation. Its enactment in 2003 was envisaged to employ the
much needed reforms in the country's procurement system. More than a decade since its
enactment, however, the procurement system is still plagued with collusion, abuse of
discretionary criteria, malfeasance, misfeasance, and other forms of corruption.

On a lighter note, the Philippines has improved in the 2012 global survey, ranking countries
in terms of perceived corruption up 24 places from 2011 to 105th, among 180 countries
surveyed by Transparency International. Much of the corruption transpires during
government procurement, or its acquisition of goods and services.

To further improve and address transparency of the country's procurement system, or its lack
thereof, it is imperative to strengthen public monitoring of the procurement process. The
public deserves nothing less but the highest standards of transparency and honesty in the
execution of government policies. This is consistent with Article II, Section 28 of the 1987
Constitution which declares that subject to reasonable conditions prescribed by law, the State
adopts and implements a policy of full public disclosure of all its transactions involving
public interest.

In this light, this Act seeks to strengthen the present procurement law by mandating the
recording of all procurement-related conferences. This measure provides that the video
recording may be subpoenaed and may be used as evidence in court, as deemed appropriate,
in case of legal action filed with reference to the enforcement or violation of the Government
Procurement Reform Act. It is hoped that the enactment of this measure will tighten the
patent loopholes of the Procurement Law.

In view of the foregoing, immediate approval of this measure is earnestly sought.

MANUP }OCHAN III
Representati
Magdalo Para Sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 48

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
ENHANCING THE TRANSPARENCY OF THE PROCUREMENT PROCESS BY
MANDATING THE VIDEO RECORDING OF ALL PROCUREMENT-RELATED
CONFERENCES, THEREBY AMENDING REPUBLIC ACT NUMBERED 9184,
OTHERWISE KNOWN AS THE "GOVERNMENT PROCUREMENT REFORM
ACT OF 2003", PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF, AND
FOR OTHER RELATED PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in the
Congress assembled:

SECTION 1. Title.— Republic Act No. 9184 is hereby amended by inserting a new
Article VII and new Sections 20, 21, 22, 23, 24, 25, 26, 27, and 28 therein, to read as follows:

ARTICLE VIL
VIDEO RECORDS OF ALL BIDDING CONFERENCES

"SEC. 20. VIDEO RECORDING OF ALL PROCUREMENT-RELATED
CONFERENCES. ~ TO ENHANCE THE TRANSPARENCY OF THE
PROCUREMENT PROCESS, THE PROCURING ENTITY SHALL KEEP A
VIDEO RECORDING OF ALL  PROCUREMENT-RELATED
CONFERENCES INCLUDING BUT NOT LIMITED TO PRE-
PROCUREMENT CONFERENCE, PRE-BID CONFERENCE, BID
OPENING, AND ALL MEETINGS OF THE BIDS AND A WARDS
COMMITTEE (BAC), FOR ALL PROCUREMENT PROJECTS EQUAL OR
EXCEEDING THE AMOUNT OF ONE MILLION PESOS (PHP 1,000,000.
00).

ALL PROCUREMENT RELATED CONFERENCES MAY NOT
COMMENCE WITHOUT A VIDEO RECORDING INITIATED BY THE
CHAIR OF THE BAC.

SEC. 21. SPECIFICATIONS OF THE VIDEO RECORDING THE
VIDEO RECORDING SHALL BE CLEAR AND SHALL PROVIDE A


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CLOSE-UP VIEW OF THOSE PRESENT IN THE CONFERENCE.
DURING RECORDING, THE MEMBERS OF THE BAC, THE
PROSPRECTIVE AND/OR QUALIFIED BIDDERS, THE
REPRESENTATIVE OF THE COMMISSION ON AUDIT AND THE TWO
(2) OBSERVERS INVITED IN ACCORDANCE WITH ARTICLE V OF
THIS ACT, SHALL BE INTRODUCED ONE BY ONE.

SEC. 22.COPIES OF THE VIDEO RECORDING. —~ THERE SHALL BE
MADE THREE (3) COPIES OF THE VIDEO RECORDING FOR THE
PERUSAL AND/OR RECORD OF THE BAC, THE GOVERNMENT
PROCUREMENT POLICY BOARD (GPPB), AND THE COMMISSION ON
AUDIT (COA). THE VIDEO COPIES SHALL BE MADE AVAILABLE TO
THE PUBLIC UPON WRITTEN REQUEST AND PAYMENT OF A
SPECIFIED FEE.

SEC. 23. WRITTEN AND VIDEO RECORDS AS EVIDENCE IN COURT.—
IN CASE OF ANY PERTINENT LEGAL ACTION, THE VIDEO RECORDS
MAY BE SUBJECT TO SUBPOENA DUCES TECUM, AND MAY BE
USED AS EVIDENCE IN COURT AS IT FINDS APPROPRIATE.

THE BAC, GPPB, AND COA SHALL STORE THE VIDEO RECORDS FOR
NOT LESS THAN TWENTY (20) YEARS AND MAY DISPOSE OF THEM
THEREAFTER.

THE BAC AND THE GPBB SHALL ENSURE THAT THE COPIES OF THE
RECORDING ARE REGULARLY CHECKED TO ASCERTAIN THAT
THEY ARE IN GOOD CONDITION AND NOT DETERIORATING,
SUBJECT TO THE RECOMMENDED CONSERVATION PRACTICES
FOR THE STORAGE OF THE SAME.

SEC. 24. LOGISTICS OF VIDEO RECORDING.- THE BAC OF EACH
PROCURING ENTITY SHALL BE IN CHARGE OF THE LOGISTICS OF
VIDEO RECORDING AND OTHER RELATED TECHNICAL MATTERS,
SUCH AS BUT NOT LIMITED TO AUDIO, ARCHIVING, AND SUCH
OTHER MATTERS NECESSARY TO CARRY OUT THE PROVISIONS OF
THIS ACT.

SEC. 25. PROCUREMENT OF VIDEO RECORDING EQUIPMENT. -
THE GPPB SHALL BE IN CHARGE OF THE PROCUREMENT OF THE
VIDEO RECORDING EQUIPMENT AND RELATED SUPPLIES TO BE
ALLOCATED TO THE PROCURING ENTITIES.

SEC. 26. PENAL PROVISION. — VIOLATIONS OF ARTICLE VII OF THIS
ACT SHALL BE METED OUT PENALTIES AS PRESCRIBED UNDER
ARTICLES XXI, XXII, AND XXIII OF THE SAME. IN ADDITION TO


THE AFOREMENTIONED SANCTIONS, THE CONTRACT IN FAVOR OF
THE ERRANT PARTY SHALL BE NULLIFIED IF THE BID HAS BEEN
AWARDED.

SEC. 27, APPROPRIATION. — THE AMOUNT NECESSARY TO CARRY
- OUT THE PROVISIONS OF THIS ACT SHALL BE INCLUDED IN THE
k ANNUAL GENERAL APPROPRIATIONS ACT.

SEC. 28. IMPLEMENTING RULES AND REGULATIONS.- WITHIN
NINETY (90) DAYS FROM THE EFFECTIVITY OF THIS ACT, THE
GPBB SHALL PROMULGATE THE NECESSARY RULES AND
REGULATIONS FOR THE PROPER IMPLEMENTATION OF THE
PROVISIONS OF THIS ACT. SUCH RULES AND REGULATIONS SHALL
TAKE EFFECT IMMEDIATELY THEREAFTER.

XXX”

SEC. 2. Renumbering of Affected Articles and Sections.— The current Article VII
and subsequent Articles and Sections of Republic Act No. 9184 affected by this amendment
shall be amended and re-numbered accordingly, to reflect the insertion of the new article on
"Video Records of All Bidding Conferences" as Article VII thereof.

SEC. 3. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain
valid and subsisting.

SEC. 4. Repealing Clause. — All laws, rules, regulations, orders, circulars, and
memoranda inconsistent with any provisions of this Act are hereby repealed or modified
accordingly.

SEC. 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,