Alleged procurement from a sibling's company

The whole nation was listening to the testimony of Mayor Sebastian Duterte before the Senate Impeachment Court last September 29. The prosecutor was Atty. Teodor Ty, a Law professor and experienced trial lawyer and human rights advocate.

The prosecution was trying to use his testimony as evidence that as mayor he might have approved a procurement using public funds in favor of a company alleged to be owned by the vice president, his older sister, or, at the very least, a company where her sister has beneficial ownership directly or indirectly. The Davao City acting mayor cannot feign ignorance of the details of the procurement because he’s the head of the procuring entity.

We weren’t born yesterday so as to believe that a city mayor wouldn’t be on top of the bidding and awards affairs in his own city. He couldn’t make us believe the tales that he told the Senate Impeachment Court. We don’t buy that alibi that he didn’t know that a company where his own sister is said to partly own was a bidder in his own city's bidding process, and that, of all the suppliers, that company won the bid fair and square. Tell that to the marines.

The latest law on government procurement in the Philippines is Republic Act No. 12009, also known as the New Government Procurement Act President Ferdinand “Bongbong” R. Marcos Jr. signed the law on July 20, 2024, and its Implementing Rules and Regulations (IRR) took effect after publication in February 2025. It replaces the older Republic Act No. 9184 (Government Procurement Reform).

The first purpose of the law is modernization and digitalization of the government procurement process, as RA 12009 mandates the use of emerging technologies and updates electronic systems through the Philippine Government Electronic Procurement System as a unified portal. The second purpose is for strategic planning as it requires procuring entities to perform market scoping, life-cycle assessments, and cost analysis before bidding begins.

RA 12009 enunciates that the first governing principle in Philippine government procurement is transparency in the procurement process by providing access to all related information in accordance with open contracting practice that enables the disclosure of data and facilitates information sharing related to all stages of procurement. The second principle is competitiveness by ensuring equal opportunity for all eligible and qualified suppliers, manufacturers, distributors, contractors, consultants, and service providers.

The third principle is efficiency by implementing an organized, uniform, and straightforward government procurement process through using emerging technologies and innovative solutions. The fourth is proportionality by ensuring the conditions and parameters in the development of requirements, choice of procurement modality, and implementation of contracts shall be proportional to the needs of the procuring entity and the nature of the contract or project to be procured.

The fifth principle is accountability where all public officials and personnel directly or indirectly involved in the procurement process and in the implementation of contracts are investigated and held accountable for their actions. The sixth is participatory procurement through public monitoring of the procurement process and the implementation of contracts to guarantee that every step follows the provisions of this act and its IRR, and to ensure prudent and judicious use of government resources.

The last two are sustainability and professionalism. Most of these were violated in the case of Davao City's procurement process. And the mayor cannot hide forever under the mantle of confidentiality. The testimony consisting of vain and general denials and blanket evasion of accountability cannot help a person under impeachment.

My friendly banter to the good city mayor of Davao: Tell that to the marines.