BBM signs anti-scam, procurement laws

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(UPDATES) AHEAD of his State of the Nation Address (SONA), President Ferdinand Marcos Jr. signed into law two measures aimed at streamlining the government procurement process and protecting the public from financial cybercrimes.

Marcos led the signing of Republic Act (RA) 12009, or the “New Government Procurement Act” (NGPA), and RA 12010, or the “Anti-Financial Account Scamming Act” (Afasa), in a ceremony witnessed by lawmakers and other government officials in Malacañang on Saturday.

“We have just signed into law two new bills that will move us closer to attaining a strong, more responsive, and efficient bureaucracy and to establishing safeguards for the financial rights and welfare of every Filipino,” Marcos said in his speech.

‘EASE OF DOING BUSINESS’ President Ferdinand Marcos Jr. signs the New Government Procurement Act and the Anti-Financial Account Scamming Act in Malacañang on July 20, 2024. PPA PHOTO/NIÑO JESUS ORBETA

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Marcos said the NGPA “streamlines the procurement process from three months to just 60 days by standardizing procurement forms and institutionalizing electronic procurement.”

One of the salient features of the NGPA is the provision of 11 new modalities of procurement that will afford greater flexibility for government agencies in choosing the manner of acquiring the best goods and services.

It also introduces a new concept, the “Most Economically Advantageous Responsive Bid,” which considers the qualitative and economic value of a proposal as an alternative to the prevailing practice of choosing the “Lowest Calculated and Responsive Bid.”

“This frees us from the obligation of selecting the lowest-priced bid when there is a better choice. This will ensure that we get not only the best prices but the best deals for our clients, the Filipino people,” Marcos said.

“Another important feature is the conduct of Strategic Procurement Planning, which mandates more detailed and purposeful planning to increase the success rates of procurement transactions,” he added.

Marcos also highlighted the inclusion of sustainable and green public procurement practices in the NGPA, which “demonstrates the country’s commitment to addressing the worsening pollution and challenges of climate change.”

Anti-scam law

Meanwhile, Marcos said Afasa mandates financial institutions to implement necessary safeguards to protect the accounts of Filipinos amid the surge of online scamming.

The new law also defines and penalizes money muling activities (a type of money laundering), social engineering schemes, economic sabotage, and other offenses involving financial accounts.

It authorizes the Bangko Sentral ng Pilipinas (BSP) to investigate cases involving the violation of the law, apply for cybercrime warrants and orders, and request the assistance of law enforcers in the investigation of cases.

The BSP will also be exempted from existing laws on bank secrecy and data privacy to gather sufficient information relative to the commission of prohibited acts under the law.

Government agencies concerned, banks and covered financial institutions, the private sector, and other stakeholders are also mandated to establish a cooperative mechanism to ensure the effective prosecution of cases and the enforcement of the law.

“This is essential in this time as cybercriminals use technology to defraud fellow Filipinos — causing not only personal economic loss through them but also a loss of trust in financial institutions,” Marcos said.

“It will protect our people from falling prey to perpetrators who target their banks and e-wallet accounts… I hope that, through this law, we can deter the majority of the financial scams that we have been seeing while at the same time fostering greater trust in our digitization efforts,” he added.

Before concluding his speech, Marcos thanked the House of Representatives and the Senate for passing “these two very important laws.”

He called on them to continue passing “progressive, innovative, and people-centered laws.”

“With you as partners in improving the government and uplifting the lives of our people, I’m confident that we will achieve a more inclusive, just, and resilient society,” Marcos said.

Both measures are priority bills of the Legislative Executive Development Advisory Council, forming part of the President’s legislative agenda.

‘Full support’

In a separate statement, BSP Governor Eli Remolona Jr. welcomed and expressed the central bank’s “full support” for Afasa as it would “help us strengthen consumer protection and foster trust and confidence in the Philippine financial system.”

Speaker Martin Romualdez said the signing of the New Government Procurement Act would usher in a new era of transparency, integrity and accountability in the government’s procurement process.

“It reflects our unwavering commitment to the Filipino people to ensure that every peso is spent wisely and responsibly,” Romualdez said in a statement.

He added that the signing of the law was a “landmark achievement” in the government’s commitment to uphold good governance and transparency in government transactions.

The signing of Afasa, he said, would provide stringent measures to regulate financial accounts and prevent their misuse, ensuring that the country’s financial systems would remain secure and trustworthy.

“A secure financial system is crucial for sustaining economic development and attracting investment. With Afasa in place, we are sending a strong message that the Philippines is committed to maintaining a safe and transparent financial landscape,” Romualdez said.

Batangas 2nd District Rep. Gerville Luistro, one of the principal authors of the government procurement measure, said that the law would cut down the red tape, which was among the factors that have slowed down the progress of the Philippines and the delivery of services to Filipinos.

Senate Majority Floor Leader Francis Tolentino said the NGPA would improve public services and foster greater transparency by simplifying procurement processes for national government agencies and local government units (LGUs).

“A streamlined and more transparent procurement process means faster and greater efficiency in the delivery of government services. This also means fewer opportunities for graft and corruption,” said Tolentino, himself a former LGU executive who served as mayor of Tagaytay City.

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