My Reflection on Republic Act 9184

(Government Procurement Act of 2007)

JUNITO C. COMEROS, Ph.D.-EdMgt 2 Student

I learned that the procurement (acquisition of goods, services and contracting for
infrastructure project) law was enacted to lay down rules and regulations and to modernize,
standardize, and regulate the procurement activities of the government. It is a response to
the clamor of the citizenry to provide value for taxpayer and show government’s
commitment to good governance, transparency, accountability, equity, efficiency, and
economy in the procurement process. In short, the law wants to deter corruption.
To comply fully with RA 9184 (Government Procurement Act of 2007), every branch
or agency of the government through the head of a procurement entity (HOPE) forms a bids
and awards committee (BAC) to conduct competitive and transparent purchases by means
of public bidding. The threshold amount required for public bidding is more than P250,
000.00. Splitting of contract is not allowed. An Approved Budget for the Contract (ABC) is
indicated as the ceiling or upper limit for bid prices that must be within the approved Annual
Procurement Plan (APP). In the preliminary examination of bids, the BAC uses non-
discretionary pass/failcriteria.
Alternative ways to make purchases may be resorted to at exceptional times. Thus,
limited source bidding, direct contracting, and negotiated procurement are justified only in
the acquisition of sophisticated defense equipment or critical plant components; in cases
when there is imminent danger to life and property as in man-made or natural calamity; or
after 2 failed biddings. Shopping, on the other hand is good only for procurements not
exceeding P250,000.00, while repeat orders are done within 6 months from notice to
proceed and are not to exceed 25% of the quantity of each item in the original contract.
The law uses technology to promote transparency and efficiency by having a single
portal called the Philippine Government Electronic Procurement System (PhilGEPS) as the
primary and definitive source of information on government procurement. Advertising and
posting in a newspaper of general circulation, with the PhilGEPS including posting of
invitations to bid in the premises of the procuring agency for 14 days are required. A
contract award that violates the applicable minimum time for posting is void.
For violations of the law, an imprisonment in the maximum period of 15 years maybe
imposed without prejudice to any warranted administrative sanctions and civil liability in the
form of damages.
 I realized that there is really a need for a procurement system that dwells on checks
and balances to safeguard fairness and promote full competition so that goods and services
are obtained at the lowest possible price- without a doubt, ensures that a public
procurement system has equity and integrity. On the other hand, I would say that the law
tends to compromise quality of goods and services in favor of complex bid procedures.
Hence, some government agencies have low satisfaction with the worth of procured
products and services. Besides, a procurement system that is slow and inefficient sends a
strong signal to the business community that the government is unable or unwilling to
compete in today’s fast-paced economy.
I have realized that the concept knowledge is power, can also be interpreted and
applied in the workplace in a really positive way. A happy and productive workplace is one
that shares information freely to empower employees. In a transparent workplace, one
where knowledge and ideas flow in all directions so everyone has the information they need
to feel truly invested in the school’s growth and success, and ultimately everyone perform
their his/her job better.
Personally, I willbe steadfast to the idea that transparency matters for a school’s
culture, because it builds trust and stronger relationships between the teachers, the
management and the school community itself. Keeping everyone in the loop leads to more
collaboration and shared learning, greater creativity, faster problem-solving and ultimately
improved performance. In like manner, I will have to agree to the fact that accountability in
the workplace is something every school head wants to have. Accountability has a clear link
to higher work performance. It also results in improved competency and commitment to
work and increased teachers’ morale.
 My Reflection on Republic Act 5447
(Creation of Special Education Fund)

JUNITO C. COMEROS, Ph.D.-EdMgt 2 Student

I learned thatthe Special Education Fund is a creation of Republic Act 5447 that
was enacted by Congress and signed by then President Ferdinand Marcos on Sept. 25,
1968. An additional tax of one percent was imposed on the assessed value of real
property in addition to the tax regularly collected, with the collections in the
municipalities distributed as follows: 50% to the municipality, 30% to the provincial
government, and the remaining 30% to the national government.
The same Act likewise created the Local School Boards, with the Division
Superintendent of Schools or the District Supervisor as chairman as the case maybe.
The members are the treasurer, the PTA league president, a representative of the
provincial board or municipal council, and a representative of the local chief executive.
With the advent of Republic Act 7160 enacting the Local Government Code,
several provisions of RA 5447 were amended. The proceeds from the 1% SEF tax are
now divided equally between the provincial and municipal school boards and the latter’s
membership changed drastically.
The division superintendent or the district supervisor became co-chairmen
with the local chief executive, who now presides over the board meetings as a matter of
protocol. Added to the membership were the SangguniangKabataan Federation
president, the present of the teachers’ organization and the president of the association
of non-academic personnel of public schools.
The Code states that the annual school board budget shall give priority to the
following:
(1) Construction, repair, and maintenance of school buildings and other facilities
of public elementary and secondary schools;
(2) Establishment and maintenance of extension classes where necessary; and,
(3) Sports activities at the division, district, municipal, and barangay levels.
I realized thatthe Special Education Fund (SEF) is, in actual sense and in terms
of practicality, a very useful and beneficial especially for those small schools. This fund
is of great help to school institution to deliver quality education to the students/pupils
through conducive classrooms, updated books and other instructional materials.
However, it is observed that sometimes the SEF is not utilized and maximized into its
intended purpose. Sometimes only few people benefit from it.
If SEF is used or utilized well, it would really help the schools, especially those
small ones and those which really need help and aid to deliver quality service to their
clientele- the learners. This SEF may not be the “answer to all” financial constraints
faced by public schools, but it could be “something” that can alleviate school financial
problems.
Basic public education is still largely the responsibility of the central government,
delivered through the Department of Education (DepEd), notwithstanding the devolution
of many basic services to local government units (LGUs). However, LGUs do provide
supplementary funding support to public basic education because they have access to a
sustainable source of financial resources that are earmarked for the basic education
subsector, the Special Education Fund (SEF).
With the knowledge I gained about the SEF, I will cling on to the idea that all
government programs and projects are all good in nature and are for the betterment of
the whole citizenry, especially to uplift the economic, social, and education situation of
the masses or the poor populace. Moreover, I believe that the LGUs are considered
major partners of the national government in the delivery of basic education services.