NPM 026-2008

Requesting Entity: Sugar Regulatory Administration

Issues Concern: Clarification on GPPB Circular 01-2008



Whether or not the SEC clearance on no pending cases involving matters prejudicial to its corporate existence may be dispensed with from the list of eligibility requirements.

Section 3.2 of GPPB Circular 01-2008 prohibits procuring entities from requiring, as a condition to eligibility, that a bidder has no pending administrative or labor case filed against it. Such requirement has been determined by the GPPB as violative of due process and runs counter to the constitutional presumption of innocence. thus, said prohibition rightfully applies to all such clearances issued by any government agency certifying that the bidder has no pending administrative case filed against it.