Republic of the Philippines

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EIGHTEENTH CONGRESS

First Regular Session

HOUSE BILL No. 1753

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

The 1987 Constitution of the Philippines recognizes the importance of local
governments. It provides the following: "the State shall guarantee and promote the
autonomy of the local government units — especially the barangays — to ensure their
fullest development as self-reliant communities." The Constitution further elaborates
the validity of Local Government in Article X. Section 3 alludes to the importance of
the Local Government code wherein it states that:

“the Congress shall enact a local government code which shall provide for a more
responsive and accountable local government structure instituted through a system
of decentralization with effective mechanisms of recall, initiative, and referendum,
allocate among the different local government units their powers, responsibilities,

and resources, and provide for the qualifications, election, appointment and removal,
term, salaries, powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units."

The President of the Philippines and the national government may supervise
the whole country but it needs the local government as an active and capable force for
Purposes of administrative control. The acts of the local government units affect the
ordinary citizen more directly than those of the national government. Encroaching on
its authority would both be unjust and inefficient. Republic Act 9184, otherwise known
as the Government Procurement Act, currently poses a problem regarding
Procurement for Local Government Units (LGUs).


Regulations for procurement for LGUs are under the Republic Act 9184,
otherwise knowns as the Government Procurement Act, instead of the Local
Government Code of the Philippines turning the code void of authority. Simply put,
the national government would overstep its authority over LGU procurement. Leaving
local government procurement to a national law would only impinge on the
government code and the LGU's authority. Therefore, this bill proposes to remove all
LGU involvement in the Republic Act and add the procurement process into the Local
Government Code in the future. This would reduce legal conflict and ensure harmony
between the two laws.

This re-filed version of the bill seeks to amend Republic Act 9184, otherwise
known as the Government Procurement Act, by withdrawing from its application and
coverage all references to the local government units. The local government units
procurement of infrastructure projects, goods and consulting services shall instead be
governed by Title Six, Book Two of Republic Act 7160, otherwise known as the Local
Government Code. Procurement system in the local government units should be
governed by Local Government Code, which has provided the detailed process of
supply management at the local levels.

In view of the foregoing, immediate passage of this bill is earnestly sought.

(
Y” F, VILLAFUERTE, JR.

LUIS RA)


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
First Regular Session

1763
HOUSE BILLNO.___

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Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

LL

AN ACT
AMENDING REPUBLIC ACT 9184, OTHERWISE KNOWN AS THE.
GOVERNMENT PROCUREMENT REFORM ACT, WITHDRAWING FROM ITS.
APPLICATION ALL REFERENCES TO THE LOCAL GOVERNMENT UNITS

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

SECTION 1. All references to the local govemment units under the provisions of
Republic Act 9184, otherwise known as the Government Procurement Reform Act, are
hereby withdrawn from its application and coverage

SECTION 2. Procurement of infrastructure projects, goods and consulting services by
the local government units shall be governed by Title Six, Book Two of Republic Act
7160, otherwise known as the "Local Government Code of 1991"

SECTION 3. Repeal. — All laws, decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Act, are hereby repealed
andlor modified accordingly

SECTION 4. Separability Clause. — In case any provision of this Act is declared
unconstitutional or invalid, the other provisions hereof which are not affected thereby
shall continue in full force and effect.

SECTION 5. Effectivity. — This Act shall take effect thirty (30) days after its publication
in two (2) newspapers of general circulation

Approved,