Article 20p. 20

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

demonstrated a satisfactory performance. Otherwise, the

contract shall be awarded through public bidding.

SECTION 63. Contracts for Community Employment

and

Development

Program

Projects .

—

Contracts

covering projects under the Community Employment

and Development Program of the government shall be

awarded through open public bidding: Provided , That the

invitation to bid for the said projects shall be advertised at

least once within one week in a newspaper of local

circulation within the province where the project is

situated, through posting of notices in the premises of

the municipal/provincial office, and through other forms

of media, such as radio and television: Provided, further ,

That the deadline for submission of bids for projects

costing not more than P1 million each may be shortened

to one week after the date of such invitation, posting of

notices or advertisement through other forms of media.

SECTION 64. Constitution of the Prequalification,

Bids, and Awards Committee . — Each department,

office or agency shall have in its head office or in its

implementing offices a Prequalification, Bids and Awards

Committee which shall be responsible for the conduct of

prequalification of contractors, biddings, evaluation of

bids

and

recommending

awards

of

contracts.

Each

Prequalification, Bids and Awards Committee shall be

composed of the following:

a. A Chairman (regular) who should at least be a third

ranking official of the department/agency/implementing

Office;

b. An Executive Officer and Secretary (regular) who is a

Legal

Officer

of

the

department/office/implementing

office;

c. A Technical Member (regular) to be designated by

the

Secretary

or

the

head

of

the

office/agency/implementing office;

d. Two members (provisional) with experience in the

type of project to be bidded and in project management,

duly designated by the Secretary or the head of the

office/implementing office on a project-to-project basis;

and

e. A representative from at least one of the following

organizations who shall be a non-voting member:

1. Philippine Institute of Civil Engineers

2. Philippine Contractors Association

3. National Confederation of Contractors Associations

of the Philippines, Inc.

4. Philippine Institute of Certified Public Accountants

The representation in the Prequalification, Bids and

Awards

Committee

of

the

above-mentioned

private

organizations shall be made as follows:

1. During the prequalification stage, the representative

to be invited shall come from the Philippine Institute of

Certified Public Accountants; and

2. In the bidding, bid evaluation and award stages, a

representative

each

from

the Philippine Institute of

Certified Public Accountants and from the Philippine

Contractors Association or the National Confederation of

Contractors Associations of the Philippines, Inc. shall be

invited as non-voting members of the Prequalification,

Bids and Awards Committee without prejudice to inviting

another

representative/s

from

any

of

the

other

organizations mentioned above.

SECTION 65. Approval of other types of Government

Contracts . — All other types of government contracts

which are not within the coverage of this Chapter shall, in

the absence of a special provision, be executed with the

approval of the Secretary or by the head of the bureau or

office having control of the appropriation against which

the contract would create a charge. Such contracts shall

be processed and approved in accordance with existing

laws, rules and regulations.

CHAPTER 14 Controversies Among Government Offices

and Corporations

SECTION 66. How Settled . — All disputes, claims and

controversies, solely between or among the departments,

bureaus, offices, agencies and instrumentalities of the

National Government, including government-owned or

controlled corporations, such as those arising from the

interpretation and application of statutes, contracts or

agreements,

shall

be

administratively

settled

or

adjudicated in the manner provided in this Chapter. This

Chapter shall, however, not apply to disputes involving

the Congress, the Supreme Court, the Constitutional

Commissions, and local governments.

SECTION 67. Disputes Involving Questions of Law . —

All

cases

involving

only

questions

of

law

shall

be

submitted to and settled or adjudicated by the Secretary

of

Justice

as

Attorney-General

of

the

National

Government

and

as

ex

officio

legal

adviser

of

all

government-owned or controlled corporations. His ruling

or decision thereon shall be conclusive and binding on all

the parties concerned.

SECTION 68. Disputes Involving Questions of Fact

and Law . — Cases involving mixed questions of law and

of fact or only factual issues shall be submitted to and

settled or adjudicated by:

(1)

The

Solicitor

General, if the dispute, claim or

controversy involves only departments, bureaus, offices

and other agencies of the National Government as well as

government-owned or controlled corporations or entities

of whom he is the principal law officer or general counsel;

and

(2) The Secretary of Justice, in all other cases not falling

under paragraph (1).

SECTION 69. Arbitration . — The determination of

factual issues may be referred to an arbitration panel

composed of one representative each of the parties

involved and presided over by a representative of the

Secretary of Justice or the Solicitor General, as the case

may be.

SECTION 70. Appeals . — The decision of the Secretary

of Justice as well as that of the Solicitor General, when

approved by the Secretary of Justice, shall be final and

binding upon the parties involved. Appeals may, however,

be taken to the President where the amount of the claim

or the value of the property exceeds one million pesos.

The decision of the President shall be final.

SECTION 71. Rules and Regulations . — The Secretary

of Justice shall promulgate the rules and regulations

necessary to carry out the provisions of this Chapter.

TITLE I Foreign Affairs

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — The State shall

pursue an independent foreign policy. In its relations with

other

states

the

paramount

consideration

shall

be

national sovereignty, territorial integrity, national interest,

and the right to self-determination.

SECTION 2. Mandate . — The Department shall be the

lead agency that shall advise and assist the President in

planning,

organizing,

directing,

coordinating

and

evaluating the total national effort in the field of foreign

relations.

SECTION 3. Powers and Functions . — To carry out its

mandate and accomplish its mission, the Department

shall:

(1) Conduct the country's foreign relations;

(2) Maintain and develop the country's representation

with foreign governments;

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