Requesting Entity: Philippine International Trading Corporation (PITC)

Issues Concern: Mode of Service in Filing Motions for Reconsideration

Details

Applicability of the filing of Motion for Reconsideration (MR) through registered mail on Section 55.1 of the Implementing Rules and Regulations (IRR) of the Republic Act (RA) No. 9184

Section 55 of the IRR of RA 9184 does not provide for rules on the specific mode of service for the filing of a Motion for Reconsideration. Hence, absent any statutory and administrative provisions prescribing the ground rules on the mode of service to be adopted by the movant, the Rules of Court applies suppletorily.

[T]he filing of Motion for Reconsideration through registered mail within the 3-day reglementary period shall be considered as seasonably filed, however, this may prejudice the movant in the event the MR is belatedly received by the BAC, especially if the contract has already been awarded, since RA 9184 and its IRR mandate the BAC to observe a strict mandatory timeline in the conduct of every stage of the procurement process.