Procurement of Service

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Procurement of Service

Post by IAUDII on Wed Feb 18, 2015 3:03 pm

Just a question dear experts of the procurement law.
Can a permanent employee or a job order employee on an agency be a service provider to the agency?
Thanks for your expert response.

IAUDII
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Re: Procurement of Service

Post by attywaws on Fri Feb 20, 2015 9:14 am

IAUDII wrote:Just a question dear experts of the procurement law.
Can a permanent employee or a job order employee on an agency be a service provider to the agency?
Thanks for your expert response.

Hi IAUDII !

No, an employee (permanent or job order) cannot be a service provider to the agency because doing so would result to double compensation which is prohibited by the Constitution and the law. They are already receiving salary/wage/emolument for their respective positions albeit the job order holds it temporarily. The fact however that a job order holds it temporarily, does not exempt the employee from the prohibition under the law.

Section 7, Article IX-B of the 1987 Constitution provides:
x x x

Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.

The prohibition on dual employment and double compensation in the government service is further specified under Sections 1 and 2, Rule XVIII of the Omnibus Rules Implementing Book V of E.O. No. 292, viz:

Sec. 1.  No appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations with original charters or their subsidiaries, unless otherwise allowed by law or by the primary functions of his position.

Sec. 2.  No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, xxxxx. (Re: Gross Violation of Civil Service Law on the Prohibition Against Dual Employment and Double Compensation in the Government Service Committed by Mr. Eduardo V. Escala, SC Chief Judicial Staff Officer, Security Division, Office of Administrative Services, A.M. No. 2011-04-SC)

Also, kindly read this opinion by the Civil Service Commission as it is related to your inquiry: http://excell.csc.gov.ph/mread04/res-040329.html.

Hope this helps!
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