Requesting Entity: Department of Health Regional Office XI (DOH – RO XI)

Issues Concern: Rental of Motor Vehicle

Details

Whether the contract of transportation services procured by DOH-RO XI falls within the purview of “renting motor transport equipment” in NBC 446.

NBC 446 was issued by the Department of Budget and Management (DBM) to provide guidelines on the acquisition and rental of motor vehicles. As such, DBM is in the best position to determine the scope, coverage and application of the provisions of NBC 446.

Whether the effectivity of Republic Act (RA) No. 9184 repealed or amended NBC 446.

RA 9184 has for its subject matter the procurement of goods, infrastructure projects and consulting services. Under Section 5(n) thereof, procurement shall also include the lease of goods, which includes motor vehicles. On the other hand, Section 76 of EO 292 and the relevant provisions of NBC 446 provide limitation on rental of motor vehicles. While these laws both covers rental of motor vehicles, they prescribe different, but not conflicting rules. The former lays down rules and procedures for the procurement of contract for rental of motor vehicles while the latter sets limitation on the use of appropriations for renting motor transport equipment. If at all, the two (2) legislations may even be regarded as complementary.

RA 9184 and its revised IRR did not repeal or amend Section 76 of EO 292 and NBC 446, in relation to the provision on rental of motor vehicles because of the absence of an express repealing clause to that effect nor a clear showing on the part of the lawmaker that the intent in enacting the new law was to abrogate the old one.