The Division of Justice (DOJ) has expressed opposition to the plan to alter the coloured images of individuals within the nationwide identification playing cards (PhilIDs) to monochrome.
“We’re of the opinion that the proposed actions are legally infirm,” Justice Secretary Jesus Crispin C. Remulla instructed Bangko Sentral ng Pilipinas (BSP) Governor Felipe M. Medalla who sought a authorized opinion from the Division of Justice (DOJ).
Medalla needed to alter the pictures
of individuals within the PhilIDs from coloured to monochrome to fulfill the goal of fifty million items to be printed by finish of 2022.
Wikepedia says that monochrome printing “will solely use one colour ink or toner to provide completely different shades of that colour and create a monochrome picture, and,usually talking, most monochrome printers may have a black cartridge as the one colour.”
The BSP plans to switch its memorandum of settlement (MOA) with the Philippine Statistics Authority (PSA) and the BSP’s phrases of reference (TOR) with the profitable contractor AllCard, Inc.
BSP signed on Oct. 1, 2020 a contract with AllCard for the manufacturing of the PhilIDs following the MOA the BSP and PSA signed on June 10, 2020 for the manufacturing of 116 million PhilIDs over a interval of 4 years.
Remulla defined in his authorized opinion that the implementing guidelines and rules (IRR) of Republic Act No. 9184, the Authorities Procurement Reform Act, states that amendments can solely be performed throughout “emergency circumstances or throughout fortuitous occasions.”
“Based mostly on the foregoing, it’s necessary to ascertain the existence of the above situations to warrant modification to order, or on this case, any change within the technical specs or phrases of reference of already awarded authorities contracts,” he stated.
He reminded the BSP that the present TOR states that the PhilIDs have “coloured {photograph} on the playing cards by a mixture of laser engraving and digital coloured printing/drop-on-demand expertise.”
“The foregoing provision is categorical that the {photograph} should be coloured, and it ought to be performed by a mixture of laser engraving and digital coloured printing/drop-on-demand (DOD) expertise. There may be nothing within the TOR which authorizes the events to: (i) shift from coloured {photograph}; and (ii) take away digital coloured printing from the TOR and as a substitute, substitute DOD printers with laser engraving printers,” he stated.
He additionally stated: “Coloured may be very a lot completely different from monochrome, and DOD printers (coloured) present very a lot completely different outputs than laser engraving printers (monochrome). Thus, the shift from coloured printing to monochrome laser engraving, and the alternative of DOD printers with laser engraving printers are substantial amendments which might render such executed contract, if amended, to be a completely completely different contract from the one which was bidded upon.”
Remulla careworn “the rationale behind the stringent pointers is to safeguard the general public from illegal schemes the place the technical specs initially set out as foundation for bidding will later be modified throughout contract implementation with out adequate authorized foundation.”
Remulla careworn that the Supreme Courtroom had dominated that “modification of presidency contracts, after the identical has been awarded after a public bidding, shouldn’t be allowed as a result of such modification serves to nullify the impact of public bidding and no matter benefits the Authorities had secured thereby and may additionally consequence within the manifest injustice to different bidders.”
Remulla suggested Medalla to make use of the reservation clause offered for in merchandise XIV of the TOR which states that “BSP reserves the correct to require the Contractor to supply further tools, at no further value to BSP, in case goal card personalization per day must be elevated.”
“This requires no modification or modification and could be in line with reaching the goal and would even be effectively in keeping with the coverage route of the President in driving digital transformation that might enormously have an effect on service supply and entry within the Philippines,” he stated.
The authorized opinion was dated Nov. 9, 2022 and was secured by Medalla in a letter dated Sept. 30, 2022.
TAGS: #Remulla #Medalla #PhilIDs #BSP #DOJ
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