NPM No. 044-2015
Requesting Entity: Department of National Defense
Issues Concern: Section 7.2 of the Guidelines in the Determination of Eligibility of Foreign Suppliers, Contractors, and Consultants to Participate in Government Procurement Projects
Determination or identification of the relevant foreign government office in the foreign bidder's country that can certify that Filipinos are allowed to participate in that foreign government’s procurement activities
[T]he onus of identifying and proving the proper authority in the foreign country's jurisdiction lies with the bidder. In Chua v. Republic of the Philippines , the Supreme Court ruled that the burden of proof lies with the applicant and not the Government since the lack of mutuality or reciprocity can disqualify him in an application.
Accordingly, the bidder, as the one invoking reciprocity, shall be solely responsible for producing the required Certificate to prove that a similar right exists in favor of Filipinos in its country, and that the specifically identified government office in the bidder’s country is the proper authority that has the power and jurisdiction to issue such Certificate.