REPUBLIC OF THE PHILIPPINES

ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rj

Legal Opinion No.

Date: 10 February 2020
Subject: WHETHER OR NOT JOHNSAN BLUE INDUSTRIAL MAY
BE ALLWOED ITS REQUEST FOR SUSPENSION OF
DELIVERY OF THE ITEMS STATED IN THE PURCHASE
ORDER.

Receipt herein is the letter dated 24 January 2020 of Janice Siwagan,

Technical Coordinator, Johnsan Blue Industrial Supplies requesting for
suspension of the delivery schedule by reason that Item No. 4 in the original
Request for Quotation (RFQ) is different from that of the Purchase Order (PO).

Upon careful scrutiny of the documents and review of the pertinent laws
and rules, this Office finds no reason to suspend the delivery schedule. Under
Item No. 2 of Annex “D” - Contract Implementation Guidelines for the
Procurement of Goods, Supplies and Materials of the 2016 Revised
Implementing Rules and Regulations of Republic Act No. 9184, it provides that:

“Suspension of Work

2.1. The procuring entity may suspend the work wholly or partly
by written order for a certain period of time, as it deems necessary
due to force majeure or any fortuitous events as defined in the
contract. The supplier shall take all reasonable steps to minimize
the costs allocable to the work covered by such order during
stoppage.” (Modification supplied)

To rely on the above-stated provision, the ground to suspend the delivery

of work is due to force majeure or any fortuitous events as defined in the
contract. In this case, the ground presented by the applicant is the alleged
clerical variance of the Item No. 4 of PO with number 19120400-A as
compared with the Item No. 4 of RFQ with reference No. P.R. No. 100-19-11-
0661.

RECOMMENDATION

What the applicant should resort is the amendment of the Purchase Order
thru written agreement between the parties subject to the rules on Amendment
to Order, rules prescribed by the Manual of Procedures for the Procurement of
Goods and Services1 or the rules prescribed in the bidding documents, as the
case may be.

1
“If an amendment to order increases or decreases the cost of, or the time required for executing any
part of the work under the original contract, an equitable adjustment in contract price and/or delivery
schedule should be mutually agreed upon between the parties concerned, and the contract should be
modified in writing.”

1
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rj

However, in said rules on amendment, the supplier is not even allowed to

suspend the delivery of work2.

Considering the foregoing, this Office recommends to deny the request

suspend the schedule on delivery.

ATTY. EDGARDO J. GIL

City Legal Officer

2
Item No. 1.4. of Annex “D” - Contract Implementation Guidelines for the Procurement of Goods,
Supplies and Materials of the 2016 Revised Implementing Rules and Regulations of Republic Act No.
9184:

“Under no circumstances shall a supplier proceed to commence work under any amendment to
order unless the same has been approved by the Head of the Procuring Entity concerned of his duly
authorized representative. xxx" (Modification supplied)