In the House of Representatives, Ilocos Rep. Sandro Marcos, the President’s son, filed a counterpart bill as early as August last year. However, the bill remains pending at the committee level to date.
SB 1962, or the proposed “Government Contracting and Procurement Integrity Act,” seeks to ban relatives of public officials within the fourth civil degree of consanguinity or affinity from entering into government contracts.
The scope covers immediate family—such as spouse, children, parents, and siblings—and extended family members, including first cousins, nieces, nephews, and their in-law counterparts.
The bill also covers grandchildren, great-grandparents, great-aunts, great-uncles, nephews, and other relatives.
If passed into law, they will be barred from entering into government contracts involving supplies, materials, machinery, equipment, and services; infrastructure projects; joint ventures; public-private partnership projects; and other similar agreements involving government funds or property.
Disqualified relatives would also be prohibited from participating in subcontracting, consortiums, joint ventures, or similar business arrangements for the performance of government contracts.
Meanwhile, public officials covered include those holding national and local office; Cabinet secretaries, undersecretaries, assistant secretaries, officers, and members of government-owned or -controlled corporations; and state universities and colleges, whether regular or ex officio, and their designated alternates.
Bill’s sponsor and principal author, Chiz Escudero, contended that the proposed law would strengthen procurement safeguards and close loopholes that allow undue influence in securing contracts with the state, ultimately leading to corruption.
“In other words, it narrows the discretion that enables corruption. Because if you minimize discretion, you minimize corruption. And when you eliminate the discretion to favor relatives and kin, you strike at corruption at its source, and help ensure that public procurement truly serves the public good,” Escudero said.
Other authors of the bill are Senate President Sherwin Gatchalian and Senators Bong Go, JV Ejercito, Loren Legarda, Joel Villanueva, Bato dela Rosa, and Kiko Pangilinan.
Private entities found to have violated any provision of the proposed law may face imprisonment of up to three years, a P100,000 fine, and a permanent ban from participating in government procurement activities.
The same penalties will apply if the violator is a public official, except that they will face perpetual disqualification from holding public office.
However, this provision does not apply to public officials and personnel who have no involvement in the procurement process, contract award, or contract execution or implementation.
