GPPB Resolution No. 11 (2025)

GPPB Resolution No. 11-2025 dated 06 October 2025 Page 1 of 5 RESOLUTION NO. 11-2025

AUTHORIZING THE PROCUREMENT SERVICE-DEPARTMENT OF BUDGET AND MANAGEMENT TO PUBLISH THE BENEFICIAL OWNERSHIP INFORMATION REGISTRY THROUGH THE PHILIPPINE GOVERNMENT ELECTRONIC PROCUREMENT SYSTEM

WHEREAS, Republic Act (RA) No. 12009, otherwise known as the New Government Procurement Act (NGPA), took effect on 13 August 2024, while its Implementing Rules and Regulations (IRR) took effect on 25 February 2025;

WHEREAS, Section 91 of RA No. 12009 mandates that the Government Procurement Policy Board (GPPB) shall be the central body that sets strategic direction and makes policy decisions regarding all matters affecting public procurement, having due regard to the country’s regional and international obligations, and is tasked to lead the nation’s efforts in advancing public procurement reforms in accordance with the Act;

WHEREAS, Section 91.1 (c) of the IRR of RA No. 12009 further authorizes the GPPB to formulate and amend, whenever necessary, the IRR of the Act, associated issuances and government procurement manuals, Philippine Bidding Documents and standard forms for procurement, and issue policy papers to ensure that the procurement process is streamlined and responsive to the needs of the government;

WHEREAS, Section 82 of RA No. 12009 provides that, notwithstanding the provisions of RA No. 10173, otherwise known as the Data Privacy Act of 2012, legal entities like corporations, partnerships, private sector organizations, foundations, and associations that participate in procurement projects shall safeguard the government from all acts that undermine a transparent, fair, and competitive procurement process. The beneficial ownership information (BOI) of the suppliers, manufacturers, distributors, contractors, or consultants shall be a requirement to participate in government procurement. The GPPB shall maintain an online registry of BOI of bidders established for government procurement which shall be accessible to the public;

WHEREAS, Section 82.1 of the IRR of RA No. 12009 provides that legal entities like corporations, partnerships, private sector organizations, foundations, and associations that participate in procurement projects shall safeguard the government from all acts that undermine a transparent, fair, and competitive procurement process. The BOI of the suppliers, manufacturers, distributors, contractors, or consultants, which shall be identified by the GPPB, shall be a requirement to participate in government procurement, specifically: Competitive Bidding, Limited Source Bidding, Competitive Dialogue, or Unsolicited Offer with Bid Matching;

WHEREAS, Section 82.2 of the IRR of RA No. 12009 provides that the GPPB shall maintain an online registry of BOI of bidders established for government procurement which shall be accessible to the public;

WHEREAS, Section 5 (w) of the IRR of RA No. 12009 defines the Philippine Government Electronic Procurement System (PhilGEPS) as the single electronic procurement portal managed by the Procurement Service-Department of Budget and Management (PS-DBM), pursuant to Section 20 of the IRR;

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WHEREAS, Section 20 of RA No. 12009 provides that to promote greater transparency, accountability, operational efficiency, and value for money, the PhilGEPS shall be the single electronic portal that shall serve as the primary source of information and channel in the conduct of all procurement activities of the government. The PhilGEPS shall maintain an integrated system that covers procurement planning until payment. The PhilGEPS shall develop features that make pertinent information accessible and transparent at all stages of procurement except procurements involving and affecting national security;

WHEREAS, Section 20.1.1 of the IRR of RA No. 12009 designates the PS-DBM to manage the PhilGEPS;

WHEREAS, Section 20.2.9.1 (b) of the IRR of RA No. 12009 provides that for corporations, an updated General Information Sheet (GIS) reflecting the BOI duly submitted to the Securities and Exchange Commission (SEC) in accordance with its annual reportorial requirements, shall form part of the eligibility documents required to be uploaded and maintained in the PhilGEPS by all manufacturers, suppliers, distributors, contractors, consultants, and service providers;

WHEREAS, Section 20.2.10 of the IRR of RA No. 12009 further provides that the PhilGEPS shall develop an open data platform that allows publication of relevant procurement information and data to promote transparency and facilitate public monitoring of the procurement process;

WHEREAS, Section 23 of the IRR of RA No. 12009 provides that:

Notwithstanding the provisions of RA No. 10173, entitled “Data Privacy Act of 2012,” the GPPB is hereby authorized to promulgate rules to ensure the interconnectivity of the following government databases:

a) PhilGEPS in relation to the GoP-OMR [Government of the Philippines- Official Merchants Registry];

b) DTI [Department of Trade and Industry] on its database relating to business registration, list of all ongoing projects in public and private sector, and records of priority domestic goods and services;

c) Construction Industry Authority of the Philippines (CIAP) on CPES [Constructors Performance Evaluation System] and the PCAB [Philippine Contractors Accreditation Board] on the licensing of contractors;

d) All LGUs [local government units] on their issuance of permits and licenses;

e) BIR [Bureau of Internal Revenue] on tax returns and clearance;

f) SEC [Securities and Exchange Commission] and CDA [Cooperative Development Authority] on mandatory submissions of all registered enterprises and beneficial ownership information;

g) Insurance Commission (IC) on the list of identified surety companies providing callable-on-demand surety contracts;

h) Procuring Entities with established electronic procurement systems and websites on the status of projects, contracts, and performance of its respective winning bidders; and

GPPB Resolution No. 11-2025 dated 06 October 2025 Page 3 of 5

i) Other relevant government agencies, as may be determined by the GPPB.

Provided, That the GPPB shall coordinate with the DICT [Department of Information and Communications Technology], PS-DBM, DTI, CIAP, LGUs, BIR, SEC, CDA, IC, and other relevant government agencies to ensure the seamless implementation of this Section; through cross-platform interoperability using standardized protocols. These protocols shall enable a secure and efficient, and real-time data sharing across systems, ensuring compatibility and integration of government databases and platforms. Provided, further, That at all times, the sharing of information between and among government agencies and instrumentalities shall protect trade secrets and promote competition. (emphasis supplied)

WHEREAS, pursuant to their lawful mandates, the SEC and the PS-DBM entered into a Data Sharing Agreement,1 on 14 March 2025 to enhance and streamline the access to corporate information filed and maintained in its respective systems, covering corporate data collected by the SEC, subject to reasonable and appropriate organizational, physical and technical measures for the protection, confidentiality, and lawful use of the said data, consistent with RA No. 10173, otherwise known as the Data Privacy Act of 2012;

WHEREAS, the PS-DBM submitted2 to the GPPB proposed amendments to the IRR of RA No. 12009, including an amendment to Section 82.2 of the IRR of RA No. 12009 to expressly provide that “the GPPB, through the PhilGEPS, shall maintain an online registry of beneficial ownership information of bidders established for government procurement which shall be accessible to the public,” which effectively provides that the BOI Registry shall be implemented and made accessible through the PhilGEPS as the single portal for all procurement-related information;

WHEREAS, the BOI Registry to be published through the PhilGEPS shall be based on the supplier’s submission to the PhilGEPS, as validated with the (i) information shared by the SEC, or (ii) certified true copy of the beneficial ownership declaration form from the SEC, or (iii) SEC’s BOI registry, once available and interconnected with the PhilGEPS;

WHEREAS, the PS-DBM,3 stated, among others, that “recognizing the need to address the pressing demand to enhance transparency in public procurement, the PS-DBM requests authority from the GPPB to put up and publish a BOI registry, through the PhilGEPS, in the meantime that the amendments to the IRR are being reviewed by the GPPB”;

WHEREAS, after further review of the subject proposal and upon recommendation by the GPPB-Technical Support Office (TSO) and the GPPB Inter-Agency Technical Working Group, the same was submitted to the Board for ad referendum;

NOW, THEREFORE, for and in consideration of the foregoing, WE, the Members of the GOVERNMENT PROCUREMENT POLICY BOARD, by virtue of the powers vested in US by law and applicable executive issuances, hereby RESOLVE to confirm, adopt, and approve, as WE hereby confirm, adopt, and approve the following:

1 Dated 14 March 2025. 2 On 11 September 2025. 3 As indicated in the letter dated 15 September 2025 of the PS-DBM to the GPPB.

GPPB Resolution No. 11-2025 dated 06 October 2025 Page 4 of 5 1. AUTHORIZE the PS-DBM, as the manager of the PhilGEPS, to publish the BOI Registry through PhilGEPS, pending the review and approval of proposed amendments to the IRR of RA No.12009;

2. DIRECT the PS-DBM to ensure that the BOI Registry published through the PhilGEPS shall be based on supplier’s submission to the PhilGEPS, as validated with the (i) information shared by the SEC, or (ii) certified true copy of the beneficial ownership declaration form from the SEC, or (iii) SEC’s BOI registry, once available and interconnected with PhilGEPS;

3. DIRECT the PS-DBM to coordinate with the National Privacy Commission to ensure that the publication of the BOI Registry complies with the Data Privacy Act and similar confidentiality laws, rules and regulations;

4. DIRECT the GPPB-TSO to study and evaluate the proposed amendments to the IRR of RA No. 12009 and submit its recommendation to the Board; and

5. CONFIRM that this interim authority shall remain in force until superseded by subsequent resolutions of the GPPB.

RESOLVED, FURTHERMORE, that in the implementation of this Resolution, if any conflict arises between this authority and applicable laws on data privacy, anti-money laundering, or confidentiality, the provision that affords greater protection to the lawful use, confidentiality, and security of data shall prevail, without prejudice to the overarching policy of ensuring transparency and accountability in public procurement.

APPROVED this 6th day of October 2025, in Quezon City, Philippines.

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___________________________________ GPPB, Chairperson DEPARTMENT OF BUDGET AND MANAGEMENT

___________________________________ DEPARTMENT OF ECONOMY, PLANNING AND DEVELOPMENT

___________________________________ DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

___________________________________ DEPARTMENT OF NATIONAL DEFENSE ___________________________________ DEPARTMENT OF EDUCATION

___________________________________ DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT ___________________________________ DEPARTMENT OF TRANSPORTATION

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PROCUREMENT SERVICE - DBM PRIVATE SECTOR REPRESENTATIVE

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