Requesting Entity: Gener Cabotaje Sansaet
Issues Concern: Effect of Change in Corporate Name in the Bidder’s Qualification
Whether a change in the corporate name of the bidder would adversely affect its qualification to join in the bidding for the procurement of certain pharmaceutical products.
[I]n Philippine First Insurance Company, Inc. v. Maria Carmen Hartigan, et al., the Supreme Court provided sufficient guidance on the matter citing unanimity of authorities that the corporate entity remains the same despite its change of name, to wit:
From the foregoing, change in corporate name alone does not adversely affect the qualification of a corporation to join a procurement activity as the corporation remains the same juridical entity. Thus, the corporation possesses the same legal, technical and financial eligibility and capability notwithstanding the change in corporate name. Nonetheless, any doubt as to the validity of licenses, permits, or documents submitted, as part of the bidding documents, issued under the old name of the corporation, i.e. License to Operate, may be resolved during the post-qualification stage by verifying, validating and ascertaining all statements made and documents submitted by the bidder using a non-discretionary pass/fail criterion as stated in the Bidding Documents.