NPM No. 030-2017
Requesting Entity: Philippine Export-Import Credit Agency
Issues Concern: Legal Assistance and Indemnification Package
Whether a Bids and Awards Committee (BAC) member or support staff may be allowed to avail of the free legal assistance benefit from the Procuring Entity (PE) if the said action, suit or proceeding was filed or initiated by the government before any court or government institution, such as, the Office of the Ombudsman or the Sandiganbayan.
It bears stressing, however, that under the Guidelines, free legal assistance shall not cover the following:
(a) any action or suit initiated by a BAC member or BAC Support Staff in his personal capacity or in behalf of the procuring entity, unless such action, proceeding, or claim was authorized by the head of the procuring entity or the approving authority therein; or
(b) any action or suit initiated by the Government against the BAC members or BAC Support Staff. (Emphasis supplied)
Thus, when the action or complaint is initiated by the Government, that is, by the agency where the BAC member or its Support Staff is employed or renders service; or by any other competent government agency, through its authorized representative, the BAC member or its Support Staff shall not be entitled to free legal assistance pursuant to the above-quoted provision of the Guidelines.