TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
Senate
of tiji.' rs’t crri.irp
25 AUG-4 A 8:08
SENATE
RECE!Vi;0 §T
S. No.
783
Introduced by Senator Francis G. Escudero
AN ACT
DISQUALIFYING RELATIVES OF PUBLIC OFFICIALS WITHIN THE FOURTH 
CIVIL DEGREE OF CONSANGUINITY AND AFFINITY IN ALL GOVERNMENT 
CONTRACTS
EXPLANATORY NOTE
Republic Act No. 12009, otherwise known as the "New Government 
Procurement Act," provides for the mandatory disclosure of relationship between the 
bidder and the Head of Procuring Entity, Procurement Agent, members and secretariat 
of the Bids and Awards Committee, Technical Working Group, head of the Project 
Management Office or the End-User or Implementing Unit, and the project 
consultants, by consanguinity or affinity up to the third civil degree, and automatically 
disqualifies bidders related to such persons from participating in the procurement of 
contracts of the Procuring Entity concerned. Despite this stringent provision, 
government contracts are still marred with irregularities that result in corruption and 
undermine the integrity of the procurement process and public service as a whole.
This measure proposes to expand this disqualification by prohibiting relatives 
of public officials within the fourth civil degree of consanguinity or affinity from 
entering into contracts with any government agency or instrumentality, including 
government owned or controlled corporations and local government units. By 
improving such safeguard, the bill seeks to eliminate potential avenues for corruption, 
and uphold fairness, transparency, impartiality, and accountability in the procurement 
process and the utilization of public funds.
Given the above premises, consideration and approval of this bill Is respectfully 
requested.
FRANC
UDERO


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
Senate
o( t'H' friary’
25 AUG-4 A 8-.08
SENATE
S. No.
783
RECEIVED BV;
Introduced by Senator Francis G. Escudero
AN ACT
DISQUALIFYING RELATIVES OF PUBLIC OFFICIALS WITHIN THE FOURTH 
CIVIL DEGREE OF CONSANGUINITY AND AFFINITY IN ALL GOVERNMENT 
CONTRACTS
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Disqualification on the Basis of Relations. - Notwithstanding any
2 
provision of the law to the contrary, all relatives of public officials within the fourth
3 
civil degree of consanguinity or affinity shall be barred from entering into any
4 
government contract.
5 
For the purposes of this Act, the term "public official" shall refer to heads of
6 
agency, heads of procuring entity, members of governing board, or any public officer
7 
or employee exercising policy-determining, supervisory, or managerial functions,
8 
whether in the career or non-career service, including military and uniformed
9 
personnel, whether or not they receive compensation, regardless of amount.
10 
Moreover, the term "government contract" shall refer to any contract between
11 
a private entity and any government agency or instrumentality, including government
12 
owned or controlled corporations (GOCCs) and local government units, that pertains
13 
to a) supplies, materials, machinery, equipment, and services; (b) infrastructure
14 
projects; (c) joint ventures; (d) public-private partnership projects; and (e) other
15 
similar or analogous agreements or undertaking to which the latter is the procuring
16 
party, partner, shareholder, implementing agency, end user, or a party contributing


1 
public funds or property: Provided, That this shall exclude contracts that are highly
2 
technical, proprietary, or confidential in nature.
3 
Sec. 2. Implementing Rules and Regulations. - Within sixty (60) days from the
4 
effectivity of this Act, the Government Procurement Policy Board, Department of the
5 
Interior and Local Government, Public-Private Partnership Center, and Governance
6 
Commission for GOCCs, in coordination with other government agencies concerned,
7 
shail jointly promulgate the rules and regulations to effectively implement the
8 
provisions of this Act.
9 
Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days after its complete
10 
publication in the Official Gazette or in at least two (2) newspapers of general
11 
circulation.
Approved,