September 16, 2022
Dear Ms. Durano,
Greetings!
Thank you for your request dated Aug 18, 2022 04:57:09 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You inquired how intermediaries, other than AGDBs, engaged under a Collect-Aggregate-Remit or Transfer-Distribute-Liquidate Scheme shall be contracted without cost in compliance with Republic Act No. 9184 and its Implementing Rules and Regulations (IRR), pursuant to COA Circular No. 2021-014.
Response to Request
Your FOI Request is partially successful.
To respond to your inquiry, attached herewith is Non-Policy Matter No. 007-2019 which provides guidance as to the applicability of the provisions of Republic Act No. 9184 in the selection of third-party collection agencies.
Bear in mind that the legal basis cited for the issuance of COA Circular No. 2021-014 are the following attached files:
a. the Department of Finance and Department of Trade and Industry Joint Department Administrative Order (JDAO) No. 02, series of 2006
b. JDAO No. 10-01, series of 2010; and
c. Republic Act No. 8792 or the Electronic Commerce Act.
Thus, it is deemed best that the foregoing legal basis be examined, specifically whether the procurement of intermediaries has been initially intended under the above issuances, and harmonized with the COA Circular provision.
It must also be emphasized that the matter of inquiry is pending the following intergovernment discussions:
a. The Implementing Rules and Regulations (IRR) for Executive Order No. 170, series of 2022; and
b. The proposed bills both in the Senate and the House of Representatives for the adoption of digital payment for government transactions.
Pending such discussions and considering the inter-agency stakeholders involved, it may also be premature for this office to provide by itself the guidelines on your inquiry.
Similar to our efforts to clarify this, we urge you to also consult with the Commission on Audit, the Department of Budget and Management, and the Department of Finance regarding this.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Executive Director, Atty. Rowena Candice M. Ruiz, thru e-mail address at
[email protected]. Your review request should explain why you are dissatisfied with this response and should be made within fifteen (15) calendar days from the date when you received this letter. We will complete the review and tell you about the result within thirty (30) calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
FOI Feedback
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https://docs.google.com/forms/d/e/1FAIpQLSdBVxTLWNjqp0_NjPnVKIHRvsnup28mywfmLv_JU4FZfW6EKQ/viewform
Thank you.
Respectfully,
FOI Officer, GPPB-TSO
