Requesting Entity: Pamantasan ng Lungsod ng Maynila

Issues Concern: Section 5 (m) of the IRR-A of R.A. 9184

Details

Whether the Board of Regents of the Pamantasan ng Lungsod ng Maynila (PLM) may authorize its President to create the BAC and to sign procurement contracts.

Section 5 (m) of the IRR-A explicitly provides that for state universities and colleges, the Head of the Procuring Entity refers to the governing board or its duly authorized official. Pursuant to Section 5 (m) of the IRR-A, the head of the procuring entity of PLM is the Board of Regents.

Under R.A. 4196, the law that established the PLM, exercise of the corporate powers and the administration of said university are vested exclusively in the Board of Regents and the President of the university insofar as authorized by the said Board (Section 5, R.A. 4196).

Based on the foregoing, the Board of Regents, through a board resolution, may authorize the President to create the BAC or to sign procurement contracts, subject to the limitations provided under the law.