Requesting Entity: Office of the Municipal Accountant of Guiguinto, Bulacan

Issues Concern: Applicability of Section 52(b) of the Implementing Rules and Regulations Part A (IRR-A) of Republic Act 9184 (R.A. 9184) to Local Government Units (LGUs)

Details

Whether or not Section 52(b) of the IRR-A of R.A. 9184, which allows procurement of ordinary or regular office supplies and equipment not available in the Procurement Service of the Department of Budget and Management involving an amount not exceeding Php 250,000.00, also applies to LGUs regardless of its conflict with Section 367 of Republic Act No. 7160 (R.A. 7160), otherwise known as the “Local Government Code of 1991,” which provides for a maximum allowable amount of purchase through personal canvass by a particular type of LGU.

It should be noted that Title Six (Property and Supply Management in the Local Government Units), Book Two (Local Taxation and Fiscal Matters) of R.A. 7160, which includes the above-quoted provision (Section 367, R.A. 7160), was amended by R.A. 9184 under Section 76 thereof.

Moreover, Section 4 of R.A. 9184 expressly provides that it shall also apply to the procurement of infrastructure projects, goods, and consulting services by LGUs.

Based on the above-quoted provisions of R.A. 9184, the intention of the Legislature to amend the procurement related provisions of R.A. 7160 and make the provisions of R.A. 9184 and its IRR-A applicable even to LGUs is apparent and undeniable.