Procurement of Foreign-Funded Projects Through Executive Agreements as Potential Sources of Corruption in Government: Going Beyond the Case of Abaya vs. Ebdane

Authors

  • Myrish T. Cadapan-Antonio Silliman University College of Law
  • Ramon Antonio de Asis Ruperto Silliman University College of Law

Keywords:

transparency, public procurement, contracts governed by executive agreements, potential sources of corruption, policy initiatives, Senate inquiry, exempt from Senate concurrence, overprice

Abstract

The enactment of the first comprehensive law on public procurement in the Philippines, Republic Act No. 9184, was regarded as a
significant feat to the fight against corruption. Only five years after its enactment and while the Implementing Rules on foreign-assisted projects is still being formulated, a public procurement scandal erupted involving key government officials including the President herself and the First Gentleman. This infamous NBN-ZTE scandal was exposed shortly after the Philippine Supreme Court decided the case entitled Abaya vs. Ebdane which exempted procurement contracts made through executive agreement from the realm of RA 9184. During the Senate investigation of the controversy, reference to Abaya vs. Ebdane was numerously made. This jurisprudence and the said usage in this scandal creates legal and moral issues that the authors wish to dissect in the hope of awakening significant policy initiatives related thereto.

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Published

2022-10-07

How to Cite

Cadapan-Antonio, M. T., & de Asis Ruperto, R. A. (2022). Procurement of Foreign-Funded Projects Through Executive Agreements as Potential Sources of Corruption in Government: Going Beyond the Case of Abaya vs. Ebdane. Silliman Journal, 50(2). Retrieved from https://sillimanjournal.su.edu.ph/index.php/sj/article/view/194

Issue

Vol. 50 No. 2 (2009): Silliman Journal

Section

Articles