NPM 044-2011

Requesting Entity: Mindanao University of Science and Technology

Issues Concern: Indemnification for BAC Members



1.Whether the judgment contemplated under Section 73 of the IRR is one that is final, non-appealable, and executory.

Since Section 73 used the phrase "finally adjudged" in describing the judgment necessary for the application of the indemnification package, it is our considered opinion that the judgment contemplated therein is a final, non-appealable and executor judgment.

Meanwhile, pending final judgment, the BAC member may avail of the benefit of the indemnification package under Section 73 of the Guidelines.

2.Whether the Mindanao University of Science and Technology (University) can reimburse a Bids and Awards Committee (BAC) member for legal expenses incurred by reason of a BAC-related administrative case that was decided against the member but is still pending appeal.

Pursuant to Section 4.1 of the Guidelines, the procuring entity shall indemnify a BAC member and/or any BAC Support Staff who is a party to a pending or completed action, suit or proceeding whether civil, criminal or administrative in nature brought against him in the performance of his official functions.

In this regard, the University can reimburse the BAC member for legal expenses incurred, provided the reimbursement or free legal assistance will comply with the rest of the general conditions and procedures found in Section 4 and 5 of the Guidelines.