Professional Documents
Culture Documents
Appropriate Greeting.: Slide 1
Appropriate Greeting.: Slide 1
To the most esteemed member of the panel, ladies and gentlemen, a pleasant morning.
Today, I will be presenting the PROPOSED POLICY AND GUIDELINES FOR LEGAL
ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS AND ITS SUPPORT
STAFF prepared by Group 4 Luzon Cluster of LMC Class 03-2020.
SLIDE 2-
Shown on the screen are the members with yours truly, PLTCOL JACKIE C
CANDELARIO, as the Group Leader, PLTCOL ABRAHAM SATORRE, Asst. Group
Leader; With members, PMAJ ALBERT ABE B TIMPAC, PMAJ ROLDAN P GALLANO,
PCPT IRENEO B DISCAYA, JR., PCPT NANCY A NGAYA-AN and PLT DESIREE
MAY DIALOLA
SLIDE 3-
For our proposed policy entitled “POLICY AND GUIDELINES FOR LEGAL
ASSISTANCE AND IN
DEMNIFICATION OF BAC MEMBERS AND ITS SUPPORT STAFF”
SLIDE 4- The outline of our presentation will be the following:
Executive Summary;
Introduction;
Background of the Study;
Problem Statement;
Relevance of the Study;
Scope and Limitation;
Methodologies;
Discussion;
Conclusions and Recommendations;
Proposed Memorandum Circular; and
Action Photos;
This policy paper proposed The Policy and Guidelines for Legal Assistance and
Indemnification of BAC Members and its Support Staff. The relevance of BAC and its
functions in the PNP cannot be questioned. However, the BAC members and its staff
are very much prone to facing litigations and actions whether through civil, criminal and
administrative cases in the official performance of their duties. It is in this light that the
researchers of the study came up with this policy in order to address the issues and
problems present in the provision of legal assistance and indemnification to BAC
members and its support staff.
SLIDE 6-
SLIDE 7-
Based on the interviews conducted show that the main problems that need to be
addressed in the provision of legal assistance and indemnification stems on the need to
expedite the process itself, the need to provide more financial assistance to BAC
members and support staff, conducting training and educating such officers when such
process is amended or when new laws and enactments regarding the same are
implemented. Finally, the interviewees personally believe that an enactment of policies
and guidelines will greatly benefit the not only the BAC members and support staff but
each respective PROs, NSUs and the PNP as a whole.
The aforementioned issues that are present in the PROs and NSUs are what the
researchers intended to address through this policy paper by making recommendations
and drafting a policy to make such process more effective and efficient.
SLIDE 8-
The public procurement law in the Philippines, which according to them tends to
cause delay in project implementation and underspending by the government agencies.
SLIDE 9-
Hence, in the different PROs and NSUs throughout the country, BAC members
and support staff face litigation involving cases of conflict of interest, graft and
corruption, non-performance of duty, gross negligence, or when bidding participants
dispute the results of the bidding procedure.
SLIDE 10-
The law that governs the Bidding and Awards Committee is The 2016 REVISED
IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184,
OTHERWISE KNOWN AS THE GOVERNMENT PROCUREMENT REFORM ACT
After its promulgation, the Implementing Rules and Regulations (IRR) was
thereafter promulgated pursuant to Section 75 of the said Act, the purpose of which is to
prescribe the necessary rules and regulations for the modernization, standardization,
and regulation of the procurement activities of the government. Subsequently, the IRR
was revised in 2016.
Generally, the law and its subsequent IRRS mandates transparency and
accountability measures to help fight corruption and inefficiency in public procurement.
According to RA 9184, the Bidding and Awards Committee is initially responsible
in ensuring the compliance of prospective bidders and making sure that the biddings to
be held are competent and legal.
The same law provides for the functions of the committee which centers in
ensuring that the procuring entity abides by the standards set forth under the law.
SLIDE 11-
This policy paper addressed the concerns and problems being experienced by
the BAC members and staff in relation to the provision of their right to free legal
assistance and indemnification as provided for by the law. Specifically, it shall answer
the following questions:
This paper aims to understand the current problems and issues concerning the
system to provide legal aid and assistance as well as indemnification to members and
support staff of BAC. Consequently, the findings generated in this study may provide
significant benefits to the following groups or individuals:
3. The community.
The purpose of this paper is to formulate a memorandum circular that will set
forth the policies and guidelines for legal assistance and indemnification of BAC
members and its support staff.
No other used instruments were used aside from the self-devised interview
questionnaire that was utilized for data gathering.
The participants in this paper are only limited to PNP and BAC members who are
knowledgeable about the process of receiving legal assistance. The participants were
from the vicinity of the researchers which are PRO1, PRO3, NCRPO, SAF, HS, CES
and AVESEGROUP specifically, four each PROs and NSUs.
Since the methods of this study is through focused group discussion, it cannot
necessarily be generalizable to the population, unless such issues and concerns are
also present in such departments.
SLIDE 15- Methodologies (and like I have mentioned a while ago why we utilized the
qualitative method)
The present study utilizes Qualitative Descriptive Design, the primary aim of
which is to provide an accurate description of an event and the importance a subject
applies to the event (Holly, 2019). The goal to be achieved in this design is to provide a
comprehensive summarization, in everyday terms, of specific events experienced by
individuals or group of individuals. In addition to this, another goal is to obtain cases
deemed rich information for the purpose of saturating the data available. Qualitative
Descriptive study is a widely cited research tradition and has been identified as
important and appropriate for research questions focused on discovering the who, what,
and where of events or experiences as well as gaining insights from informants
regarding a phenomenon which is understood poorly.
Data Collection
Sampling
Researchers of the study made use of the following criteria to select potential
respondents:
a. BAC members or support staff who faced or are currently facing lawsuits that are filed
in relation to the performance of their official duties;
b. Has knowledge and experience about legal assistance provided to BAC members or
support staff
SLIDE 16-
(For the information, sirs and ma’am, we attached said written consent or
interview guide together with the questionnaire at the submitted folders)
Data analysis
Data analysis of qualitative descriptive research, does not use a pre-existing set
of rules that have been generated from the philosophical or epistemological stance of
the discipline that created the specific qualitative research approach. Rather, qualitative
descriptive research is purely data-derived in that codes are generated from the data in
the course of the study.
Based on the interviews conducted, the researchers of this study were able to gather
sufficient data and information not only regarding the process but also the issues and
problems that need to be addressed.
Most interviewees are not knowledgeable about the process because their
headquarters/Office have yet to experience availing such a program as no cases have
been filed against BAC or its support staff.
However, any BAC member or support staff may apply for legal assistance when:
a notice from the Prosecutor Office, the Court, or any tribunal, was received by
him/her. after which,
a determination must be made if the participation of such officer is a work-related
case.
Thereafter, the case shall be either referred to the Legal service for legal
representation, or an assistance of a private lawyer may also be availed of.
After the resolution of the case comes the indemnification of legal fees
SLIDE 19-
4. Assistance may be said to be sufficient during the initial stage of the litigation but does
not endure up to the end.
5.There is a need for continuing education
6. There is a need for timely assistance.
7. Most importantly, the interviewees emphasize the importance of formulation
and implementation of MC which lays down the guidelines and policies regarding
the legal assistance and indemnification of BAC members and its support staff.
SLIDE 21-
SLIDE 24- Shown are the references and rationale used in the conduct of our
study
Proposed Policies and Guidelines for Legal Assistance and Indemnification of Bids and
Awards Committee Members and Its Support Staff
References:
a. Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act dated
January 10, 2003” and its Revised Implementing Rules and Regulations, 2016 (IRR);
b. PNP Memorandum Circular No. 2012-LS-001 entitled “Procedures Governing Direct Legal
Representation Under the Legal Assistance Program”; and
c. Resolution no. 021-2005, otherwise known as “Approving the Guidelines for Legal Assistance
and Indemnification of Bids and Awards Committee (BAC) Members and BAC Support Staff.
RATIONALE:
The formulation of this MC is in line with Rule XXIV-Legal Assistance and
Indemnification of BAC Members, Section 72 of R.A. No. 9184 or the
Procurement Law and its 2016 Revised IRR. This MC seeks to lay down the
procedures and guidelines to be followed in requesting and providing legal
assistance and indemnification to BAC members and support staff.
SLIDE 25
SITUATION:
PURPOSE:
SLIDE 26-
GUIDELINES
A. General Guidelines:
1. The provision of legal assistance and indemnification for BAC members and
support staff shall comply with the provisions of Republic Act No. 9184 and its
2016 Implementing Rules and Regulation.
4. National Support Units (NSUs) and Police Regional Offices (PROs) and their
respective PMCs, BACs, and TWGs shall adopt the guidelines and
procedures provided for in this MC.
a. A regular inspection shall be done to see to it that the BAC members and
staff are receiving prompt and adequate legal assistance and
indemnification.
b. A regular inspection must be conducted to ensure that the NSUs and
PROs are given an office where meetings and activities for such concerns
are to be conducted. However, if such is not feasible, or that they are at
least provided of adequate storage space where they can store necessary
documents for efficient safekeeping.
a. The Procuring Entity shall indemnify a BAC member and its Support Staff
who was or is a party to a pending or completed action, suit, or proceeding
whether civil, criminal or administrative in nature brought against him in the
performance of his official functions.
b. The BAC member or support staff has engaged the services of a private
lawyer.
c. The applicant and the attorney representing him/her shall be entitled to
actual, moral, exemplary damages and attorney’s fees, when awarded by
the court, respectively.
1. Legal Assistance
The Procuring Entity shall indemnify a BAC member and its Support Staff
who has engaged the services of a private lawyer and who was or is a
party to a pending or completed action, suit, or proceeding whether civil,
criminal or administrative in nature brought against him in the performance
of his official functions.
The free legal assistance shall cover actual cost of suit and attorney’s
fees. Provided, that attorney’s fees shall not exceed Five Thousand Pesos
(P5,000.) per appearance which shall be paid by the procuring entity.
Liability Insurance
The Procuring Entity shall maintain adequate liability insurance for and in
behalf of BAC members and its support staff.
It shall only cover liabilities asserted against the public official which he
incurred in the performance of his official functions.
The insurer shall pay for the loss arising from the claim or suit made
against BAC members and support staff during the policy period wherein
they serve their capacity as officials.
In the event of settlement or compromise, indemnification shall be
confined only to matters covered by the settlement, and to which the
procuring entity had been advised by counsel that the person to be
indemnified have not been guilty of gross negligence, misconduct, or
grave abuse of discretion in the performance of their duties and functions.
2. Medical Assistance
If BAC members and support staff has incurred injuries and disabilities in
the lawful performance of their duties, medical assistance shall be
provided to them by the Procuring Entity.
Such assistance shall cover any injury or disability resulting from the
performance of their official functions, and without any contributory
negligence on their part, and that they have exercised the required due
diligence to prevent harm or injury to themselves.
Indemnification shall be provided for medicines, laboratory and
hospitalization expenses. However, the amount shall not exceed the
actual amount incurred, substantiated by receipts and other supporting
documents.
SLIDE 29-
Procedures
i) Who can file. This MC shall be applicable to the following personnel who are
involved in procurement process:
ii) Where to file. Applicants assigned at PROs shall file their applications
directly with the C, RLO. Those who are assigned with the NSUs shall file
their applications directly with the NSU LO.
SLIDE 30-
4. After receipt, HoPe shall convene a team to study the complaint within
twenty-four (24) hours and review all supporting documents passed to
determine whether the case is service-related or BAC related complaint.
Provided, that the legal assistance herein granted shall be coming from a
private lawyer or counsel.
In case the convened team has determined that the action filed was not
BAC related, the respondent BAC member or support staff shall engage
the services of a counsel without the benefit of free legal assistance.
8. If the respondent BAC member or support staff has been found to be not
guilty for gross negligence, misconduct, or grave abuse of discretion, he
shall liquidate his cash advances by presenting receipts of payment and
other necessary documents.
However, if in case the BAC member or staff was found to be guilty of the
aforementioned acts, he shall pay the case advances made through salary
deduction or reimbursement.
SLIDE 31-
9. After availing the services of a private lawyer, of after incurring expenses,
the applicant shall accomplish, under oath, legible copies of contract and
other supporting document evidencing that the applicant has availed of the
services of a private lawyer as well as document evidencing the payment
to be indemnified, and copies of other relevant documents. Such forms
can be secured at the RLO, from the NSU LO, or at the office of the C,
LAD, LS.
10. The HoPE shall be given at least 15 to 30 days, reckoned from the receipt
of the claim, to review and verify its authenticity and documents presented
evidencing it.
11. The HoPE shall order the processing of the release of funds and the
subsequent release of funds for the approved claims if the entity finds that
the claim is genuine and that all of the requirements provided by law have
been duly complied with.
v) Documentary Requirements. The application for legal assistance and
indemnification shall be supported by the following documents:
1. Certification signed by immediate supervisor or the next higher
supervisors to certify that the applicant is assigned under their
jurisdiction and that his case is service connected or is related in the
performance of his official duty.
2. In case the immediate supervisor failed to act upon the request within
the prescribed period, an affidavit shall be executed attesting the
same.
3. Authenticated copy of the Spot Report, Incident Report, or
Investigation Report
4. Authenticated copy of the information, complaint, charge sheet, and
other legal processes and
5. Authenticated copies of other relevant documents
SLIDE 32-
D. Funding Source
The PNP’s annual appropriation shall be the source of funds in order to grant
legal assistance and indemnity to BAC members and staff, as well as other
personnel who are involved in the procurement process.
In addition to this, proceeds and other funds derived from protest fees and
proceeds from the sale of bidding documents, among others, may also be used
as a funding source for the aforementioned purpose.
SLIDE 34-
Aside from other tasks to be directed in relation to the official functions of their duties,
this section enumerates the specific offices concerned as well as their tasks and
responsibilities.
1. Head of Procuring Entity a. Approve and endorse the application of claims for legal
assistance and indemnity. b. Oversee the proper implementation of the procurement
process as well as provision of indemnity in accordance with the law.
2. Legal Service
a. Provides for the required legal assistance and representation to the members who
were charged with offenses in relation to the official functions of their office.
b. Provides legal assistance in the preparation of legal instruments.
3. Regional Logistics Division
a. Provision of logistical requirements or support needed as provided for by the law.
4. Regional Comptroller Division.
a. Responsible for processing and settlement of claims.
b. Provision of financial assistance in relation to the litigation
c. Coordinate with the D, LS/Secretariat, NHQ LAB to conduct a study in order to
determine the amount of annual funds needed to provide legal assistance and
indemnification to BAC members and support staff
d. Ensure the inclusion of the determined annual funds in the PNP budget proposal
every budget hearing in Congress.
SLIDE 35-
PENALTY CLAUSE:
EFFECTIVITY:
This Circular shall take effect after fifteen (15) days from the filing of the copy
thereof at the University of the Philippines Law Center in consonance with Sections 3
and 4 of Chapter 2, Book VII of Executive Order 292, otherwise known as “The Revised
Administrative Code of 1987”, as amended.
SLIDE 36- THE SLIDE SHOWS THE SUPPLEMENTAL QUESTIONS DURING THE
INTERVIEW
SLIDE 37- Shown in this slide is Flowchart on the Legal Assistance and Indemnification
for BAC Members and Support Staff
SLIDE 38 AND 39- THESE ARE THE ACTION PHOTOS DURING THE CONDUCT OF
ACTUAL SURVEY TO THE RESPONDENTS
SLIDE 40- THIS ENDS OUR PRESENTATION.
THANK YOU AND GOOOD DAY!