The Senate approved on third and final reading Senate Bill No. 1962 under Committee Report No. 44, or the Government Contracting and Procurement Integrity Act, which seeks to bar relatives of covered public officials and personnel within the fourth civil degree of consanguinity or affinity from participating in government contracts.
The measure was approved during the chamber’s plenary session with 15 affirmative votes, zero negative vote, and zero abstention.
The proposed measure covers government contracts involving supplies, materials, machinery, equipment and services, infrastructure projects, joint ventures, public-private partnership projects, and other similar agreements involving government funds or property.
Under the bill, disqualified relatives would also be prohibited from participating in subcontracting, consortiums, joint ventures, or similar business arrangements for the performance of government contracts.
“It removes temptation, shuts the side door, and makes it clear that government contracts are not a family affair.”
“Enacting this measure will help put an end to the systemic gaming of procurement rules for the benefit of a favored few and their families. It removes temptation, shuts the side door, and makes it clear that government contracts are not a family affair,” said Senator Chiz Escudero, sponsor of the bill.
“In other words, it narrows the discretion that enables corruption. Because if you minimize discretion, you minimize corruption. And when you eliminate the discretion to favor relatives and kin, you strike at corruption at its source, and help ensure that public procurement truly serves the public good,” Escudero added.
“If you minimize discretion, you minimize corruption.”
Under the proposed measure, private entities participating in government procurement must submit a sworn affidavit. It must state that the company—including its officers, board members, and beneficial owners—is not related to the covered public officials within the prohibited degree.
As stated in the bill, violators may face imprisonment of one to three years, a fine of at least P100,000, and perpetual disqualification from participating in government procurement activities.
On the other hand, responsible public officials may likewise face imprisonment, a fine of at least P100,000, and perpetual disqualification from public office.
