2007-08-13

NPM 045-2007

Requesting Entity: Philippine Amusement and Gaming Corporation

Issues Concern: Eligibility Requirements of Foreign Bidders

Details

Whether the documents submitted by foreign bidders which were duly authenticated by the Philippine Consulate are deemed sufficient for the purpose of complying with R.A. 9184 and its IRR-A.

[Section 23.7 of the IRR-A] allows the substitution of the documents [mentioned therein] by the appropriate equivalent documents in the country of origin. Additional requirements, for instance, that the documents be stamped "received" by the relevant government agency, need not be strictly adhered to. Application of this provision should recognize the rationale of said requirement and the differences between documentation and filing procedures observed in other countries and those of the Philippines.

Considering the foregoing, we opine that the submission by the foreign bidder of a "consularized" certificate of authenticity of the relevant documents is deemed sufficient with the requirement of Section 23.7 of the IRR-A.