THE House of Representatives' Committee on Revision of Laws tackled Tuesday bills aiming to prohibit public officials' relatives within the fourth degree of consanguinity or affinity from having contracts with the government.
Rizal 2nd District Rep. Emigdio Tanjuatco III, the committee chairman, said in his opening remarks that while existing laws like Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act, RA 6713 or the Code of Conduct for Public Officials and Employees, and RA 12009 or the New Government Procurement Act "already prohibit direct or indirect financial interest and require disclosure," these laws "remain largely reactive." "What these bills propose is a proactive, absolute, and categorical bar. No relative within the fourth civil degree shall participate directly or indirectly in any government contract during the officials' tenure and for a specified period thereafter — in some versions, three years after leaving office," Tanjuatco said.
He mentioned common bill features which included disqualification of officials' kin within the fourth civil degree of consanguinity or affinity, "including spouses, children, siblings, first cousins, aunts, uncles, nieces, and nephews," from "entering into government contracts including supply, infrastructure, joint ventures, public-private partnerships, and even subcontracting arrangements." Another common feature was the coverage of the term "public official" which, he said, "broadly includes," among others, heads of agencies, members of governing boards, members of the Bids and Awards Committee, "and personnel exercising policy-determining, supervisory, or managerial positions."
"Several bills, notably HB (House Bill) 5940, HB 8144, and HB 8650, disqualify corporations, partnerships, or associations where such relatives are beneficial owners, corporate officers, directors, trustees, or hold controlling interest regardless of the number or value of shares," he said.
Another common feature was mandatory submission by bidders and contractors of, "sworn certifications that they are not related to any public official within the prohibited degree." He said proposed penalties ranged "from administrative dismissal and perpetual disqualification from public office to imprisonment — for example, reclusion perpetua under House Bill 3661, six to 12 years under House Bill 8144, one to three years under House Bill 8650." There were also proposed fines: P500,000 to P2 million. Tanjuatco mentioned the proposed forfeiture of contract benefits and proposed dissolution of corporate offenders.
Tanjuatco said there were differences requiring committee deliberation.
The proposed measure is a priority measure of the Marcos administration.
Tanjuatco said during the hearing that considering that the measure is a Ledac (Legislative-Executive Development Advisory Council) initiative, there is a sense of urgency in drafting the substitute bill.
Resource persons from various government offices were present during the committee hearing.
