Requesting Entity: Office of the Provincial Board, Province of Cebu
Issues Concern: Applicable Procurement Procedure Pending Approval of the IRR of R.A. 9184
What guidelines will be used in the absence of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (R.A. 9184)?
Applicable Law Pending Finalization of the IRR of R.A. 9184 :
R.A. 9184 cannot be fully implemented until its IRR is finally approved by the President and published for dissemination. For this reason, we believe that the procedures embodied in existing laws, such as E.O. 40, and its IRR, and, in the case of Local Government Units, the relevant provisions of procurement of R.A. 7160 and its IRR, shall still apply until the IRR of R.A. 9184 shall have been finally approved.
Is it legal to use the IRR of Executive Order No. 40 (E.O. 40) as the IRR of R.A. 9184?
Applicability of the IRR of E.O. 40
Although we opine that E.O. 40 and its IRR, as well as the relevant provisions of R.A. 7160 and its IRR, are applicable until the full effectivity of R.A. 9184, it should be noted that the IRR of E.O. 40 cannot be considered as the IRR of R.A. 9184 for the simple reason that they refer to different laws. Particularly, while the former is an executive issuance, the latter is a legislative enactment which provides for the issuance and effectivity of its own implementing rules. (See R.A. 9184, Section 75) As such, it should be further noted that, while we believe that agencies may apply the procurement procedures under existing laws in the absence of the IRR of R.A. 9184, it would be prudent for these agencies to ensure that the said provisions are not in direct conflict with the clear and self-executing provisions of R.A. 9184.