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MICAELA C. ANDRES v. COA

This case has been cited 2 times or more.

2008-01-31
VELASCO JR., J.
Executive Order No. 301 explicitly permits negotiated contracts in particular identified instances. In its preamble, it adverted to the then existing set-up of "a centralized administrative system . . . for reviewing and approving negotiated contracts . . .," and to the unsatisfactory character thereof in that "such centralized administrative system is not at all 'facilitative' particularly in emergency situations, characterized as it is by red tape and too much delay in the processing and final approval of the required transaction or activity;" hence, the "need to decentralize the processing and final approval of negotiated contracts . . . " It then laid down, in its Section 1, "guidelines for negotiated contracts" thenceforth to be followed. While affirming the general policy that contracts shall not be entered into or renewed without public bidding, x x x. (Emphasis supplied.)[50] It is only in the instances enumerated above that public bidding may be dispensed with and a contract closed through negotiations.
2006-12-19
[16] Andres v. Commission on Audit, G.R. No. 94476, September 26, 1991, 201 SCRA 780, 791.