REPUBLIC OF THE PHTLIPPINES ) 
Seeend Regagar S e s h  
SENATE 
Introduced bv Senator Antonio “Sonnv” F. Trillanes IV 
EXPLANATORY NOTE 
Republic Act No. 9184, otherwise known as the Government Procurement Reform Act 
was kiigai:ed as a lawha& +T ef iegishtim. I& ma&mmt in 2W3 m s  emisaged to 
employ the much needed reforms in the country’s procurement system. Five years since 
its enactment, however, the procurement system is still plagued with collusion, abuse of 
discretionary criteria, malfeasance, misfeasance, and other forms of corruption. 
Moreover, high perception of corruption in the country still prevails. The Philippines has 
fallen further in a 2008 global survey, ranking countries in terms of perceived corruption, 
dropping 10 141st, Llsm 10 p1acp.s from 2.007, among IS0 coun~e.s surveyed by 
Transparency Intemitioml. %e camtry scored a 2.3 in the C o x p ? h  Perceptiocs Index 
(CPI), lower than last year’s 2.5, on a scale where 10 is the highest possible grade. 
Compared to its neighbors, the Philippines scored lower than Singapore (9.2), Malaysia 
(5.1), ‘€hailad’ (3.51, VkWm @7), a d  Idomsia (2.6).’ Mwh of this corruption 
suggests itself in govenment procuremeat, c: its acqGsition of goods and sewices. 
It is therefore imperative to address transparency of the country’s procurement system, or 
its lack thereof, by strengthening public monitoring of the process. The public deserves 
nothing less but the highest standards of transprewy and honesty in the execution of 
government policies. TKs is in consister,: vvXt5 &tick 11, Section 28 of the 1?8? 
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 
invelving public interest. 
In this light, this Act seeks to strengthen the present procurement law by mandating the 
video recording of all procuyement-related conferences. This measure provides that the 
video recording may be subpoenaed and may be used as evidence in court, as deemed 
apprcpriate, in case ofkgal action fired with reference to the enhcement or violatfix ef 
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 foregcing, immediate approve1 ofthis Iiieasure is earnestIy sought. 
$p==e-(L 
A 
0 IO “SONNY” F. TRULANES IV 
Senator 
‘ Information 
retrieved from: h
t
t
p
e
 
perceutions-survey. Retrieved on 22 October 2008. 
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REPUBLIC OF THE PHILIPPINES j 
NOV 17 1\10 3 4  
Second Regular Session 
SENATE 
/ 
I 
Introduced by Senator Antonio ‘‘Sonny” F. Trillanes IV 
AN ACT 
ENHANCING THE TRANSPARENCY OF THE PROCUREMENT PROCESS BY 
RELATED CONFERENCES, THEREBY AMENWG 
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 Congress 
assembled: 
MANDATING THE VIDEO RECORDING OF ALL PROCUREMENT- 
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ARTICLE W 
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SEC. 1. Republic Act No. 9184 is hereby amended by inserting a new Article VI1 
a d  new Sections 20,21,22,23,24,25,26,27, and 28 therein, to read as follows: 
W E 0  RECORDS OF ALL BIDDING CONFERENCES 
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“SEC. 20. VIDEO RECORDING OF ALL PROCUXEMENT- 
BELATED 
&QNFEMtVCES. 
- 
TO 
ENHANCE 
THE 
TRANSPARENCY OF THE PROCUREMENT PROCESS, THE 
PROCURING ENTITY ShiL4LL KEEP A VIDEO RECORI>ING OF ALL 
PROCUREMENT-RELATED CONFERENCES INCLUDING BUT 
NOT LIMITED TQ PRFA’RQCX3REh4ENT CONFERENCE, PRE-BID 
CONFERENCE, BID OPENING, AND ALL MEETINGS OF THE BIDS 
AND AWARDS COMMITTEE (BAC), FOR ALL P R O C W M F “  
PROJECTS EQUAL OR EXCEEDING THE AMOUNT OF ONE 
hllILLIQN PESOS (PEP 1, OOO, 880.00). 
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ALL PROCUREMENT RELATED CONFERENCES MAY NOT 
COPdLalLENE WITHOUT A VIDEO RECORDING MTIATED BY 
THE CHAIR OF THE BAC. 
SEC. 21. SPECIFICATIONS OF THE PTDEO RECORDING. - 
THE VIDEO RECORDING SHALL BE CLEAR AND SHALL 
PROVIDE A CLOSE-UP VIEW OF THOSE PRESENT IN THE 
CONFERENCE. DURING RECORDING, THE & E W E R S  OF THE 
BAC, THE! PROSPRECTIVE AND/OR QUALIFIED BIDDERS, THE 
REPRESENTATIVE OF THE COMMISSION OM 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 UDEO RECORDING. - THERE 
SHALL BE MADE THREE (3) COPIES OF THE VIDEO RECORDING 
FOR THE PERUSAL A W O R  RECORD OF THE BAC, THE 
GOVERNMENT PROCUREMENT POLICY BOARD (GPPB), AND 
THE COMR4ISSION ON AWZT (COA). THE VIDEO COPIES SHALL 
BE MADE AVAILABLE TO THE PUBLIC UPON WRITTEN 
REQUEST AND PAYlVIENT OF A SPECIFIED FEE. 
SW. 23. IKWTTEN AND PTDEO RECORDS AS EMDENCE 
IN COURT. - IN CASE OF ANY PERTIN’ENT LEGAL ACTION, THE 
VIDEO RECORDS MAY BE SUBJECT TO SWPOENA DUCES 
TECUM, AND MAY BE USED AS EVIDENCE IN COURT AS IT 
F W S  APPROPRIATE. 
THE BAC, GPPB, AND COA SHALL STORE THE VIDEO 
RECORDS FOR NOT LESS THAN TWENTY (20) YEARS AND MAY 
DISPOSE OF THEM THEREAFTER. 
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THE BAC AND THE GPBB SHALL ENSURE THAT THE 
COPIES OF THE RECBRDING 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. LOGZSTZCS OF VZDEO RECORDZNG. - 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 TJdE PROVISIONS OF THIS ACT. 
SEC. 25. PROCCREMENT OF PTDEO RECORDING 
EQUIPMEAT - THE GPPB SHALL BE IN CHARGE OF THE 
PROCURER/IENT OF TM[E VIDEO RECORDING EQUIPMENT AND 
RELATED SUPPLIES TO BE ALLOCATED TO THE PROCURING 
ENTITIES. 
SEC. 26. PENAL PBOWSZON. - VIOLATIONS OF ARTICLE 
VI1 OF THIS ACT SHALL BE METED OUT PENALTIES AS 
PRESCRIBED UNDER ART€CLES XXE, =I€, 
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. APPROPRL4TION. - THE AMOUNT NECESSARY 
TO CARRY OUT TEE PROVISIONS OF THIS ACT SHALL BE 
INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT. 
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SEC. 28. IMPLEMENTING RULES AND REGULATIONS. - 
WITHIN NINETY (90) DAYS FROM THE EFFECTIVITY QF THIS 
ACT, THE GPBB SHALL PROMULGATE THE NECESSARY RULES 
AND REGULATIONS FOR TEE PROPER Ih4l’LEhENTATION OF 
THE 
PROVISIONS 
OF 
THIS 
ACT. 
SUCH 
RULES 
AND 
REGULATIONS 
SHALL 
TAKE 
EFFECT 
IMMEDIATELY 
THEREAFTER. 
xxx.” 
SEC. 2. Renumbering of Aflected Articles and Sections. - The current Article 
VI1 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 VI1 thereof. 
SEC. 3. Separability Clause. I f  any p ~ i s i ~ n  
or papt kreof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 4. Repealiag Clause. - All laws, rules, regulations, orders, circulars, and 
memoranda inconsistent with any provisions of this Act are hereby repealed or modified 
accordingly. 
SEC. 4. &”e&& 
Clause. This Act shall take effect fifteen (15) days after its 
complete publication in the Oficial Gazette or in at least two (2) newspapers of general 
circulation. 
Approved, 
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