Requesting Entity: Department of Interior and Local Government – Regional Office VI (DILG-ROVI)

Issues Concern: Newspaper Publication

Details

Whether in the requirement of publication of the Invitation to Bid (IB) in a newspaper of general nationwide circulation, the term “nationwide” pertains to major newspaper such as Philippine Star or the Philippine Daily Inquirer or it will suffice that the newspaper has regional counterparts like Sunstar Iloilo.

In the case of Fortune Motors (Phils.) Inc. v. Metropolitan Bank And Trust Co., et al. , the Supreme Court held that to be considered a newspaper of general circulation (without reference to the place of circulation), it is enough that the newspaper is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; that it is published at regular intervals; and that the newspaper need not have the largest circulation so long as it is of general circulation.

On the other hand, the IRR of RA 9184 requires that the advertisement of the ITB/REI be made in a newspaper of general nationwide circulation, not just a newspaper of general circulation. Accordingly, the newspaper where the ITB/REI will be advertised must be of “nationwide” circulation, in addition to the above definition given by the Supreme Court. The term “nationwide” requires that the newspaper must be of national distribution as opposed to a newspaper of local or regional circulation.