NPM 064-2007

Requesting Entity: Bureau of Soils and Water Management

Issues Concern: Legal Assistance for the Support Staff of the BAC



Whether the services of a private lawyer may be engaged to intervene as a third party in a civil case pending before the Regional Trial Court.

Please be advised that under the Guidelines for Legal Assistance and Indemnification of Bids and Awards Committee (BAC) Members and BAC Support Staff (Guidelines), the procuring entity shall indemnify a BAC member and/or any of the BAC Support Staff who was or is a party to a pending or completed action brought against him in the performance of his official functions as BAC member or as BAC Support Staff.

x x x

Said free legal assistance shall not, however, cover 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 (Item 4.5 [a], Guidelines).