REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7098

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

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 video
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.

Representative
Magdalo Para sa Pilipino Party-List


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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 7098

~~ Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

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 CONFE
INCLUDING BUT NOT LIMITED TO PRE-PROCUREMENT CONFERENC!
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 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.


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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
SPECI Fl

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
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 VI 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 Alll Bidding Conferences" as Article VII thereof.

SEC. 3. Separability Clause. — \f 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,