Requesting Entity: Argus Manpower Agency

Issues Concern: Disclosure of Relations

Details

Whether the prohibition in Section 47 of Republic Act No. (RA) 9184 and its Implementing Rules and Regulations (IRR) on disclosure of relations applies even upon the inhibition of the officer of the end user agency who is related by consanguinity to one of the participating bidders.

The predicament of a bidder [who falls within the prohibition provided in Section 47 of RA 9184 and its IRR] is not salvaged by the inhibition of his relative from participating in the procurement proceedings. [T]he wisdom behind the provision is to avoid the imminent evil of the project being tailored to favor the interest of a pre-determined bidder or the danger of allowing room for collusion or influence peddling to advance the bid of a particular bidder. This evil or danger is not averted by the mere act by the officers or employees inhibiting themselves from the procurement process.