Pwede Bang Makasuhan ang BAC TWG member?

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Under the Revised IRR of R.A 9184 (January 2024), specifically under Rule XXIII, Section 70. (Preventive Suspension), it is provided that:

“The HoPE may preventively suspend any member of the Technical Working Group or the Secretariat, or the BAC, if there are strong reasons or prima facie evidence showing that the officials or employees concerned are guilty of the charges filed against them under Rules XXI and XXII of this IRR, or for dishonesty as defined by the Civil Service Laws. For uniformed personnel of the AFP, the substantive and procedural due process under its justice system shall be applied. x x x .”

Thus, it would appear na meron pong legal responsibilities ang BAC TWG kaya nga po may prohibition not to commit those omissions described under Rule XXI and XXII of the IRR.

As a general rule po, hindi pwede mag refuse ang designated member ng TWG to render service because it is a “jury duty”. Unjustified refusal po may open the personnel to an administrative charge of Insubordination.

Gomel Clemente Gabuna (Top Fan)

Question No. 1

Yes. BAC TWG has legal responsibilities under IRR of RA 9184. TWG is assisting the BAC on all post qualification stage.

Question No. 2

Yes..Anyone can or may refuse since TWG is a designation through special oder but the Head of agency cannot force anyone to be a member of TWG. Otherwise that is involuntary servitude.

While it is true that the HOPE may revoke or remove the member of TWG is theres a valid and just cause however the HOPE or BAC cannot force anyone to be a member of TWG.Again, thats involuntary servitude.

Question No 3.

It depends. TWG should execute his or her function accordingly. If theres a prima facie evidence that the TWG failed to perform or execute the functions stipulated in the IRR Under RA 9184, then the TWG maybe [held] liable of negl[i]gence to perform duty only in his capacity as TWG.

BAC members are primar[ily] responsible and liable in all processes and procedures of procurement under RA9184. And if theres a prima facie evidence on violations, its the BAC chair and members [who] are primar[ily] liable and not the TWG since the role or functions of TWG is just to assist the BAC & members.

The over all oversight of procurement process is with the BAC chair and members as signatories of docs. BAC should not rely on TWG. BAC being a collegial body should always be governed by the rules and regulations and should not be dependent on TWG whose function is to assist the BAC..not to decide in behalf of the BAC

Marjorie Sunshine

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