The contract for the system that allows the Bureau of Fisheries and Aquatic Resources (BFAR) to monitor marine vessels real-time has already expired.

This was confirmed by lawyer Ma. Neiseria Ailah G. Tuquero based on the response to the letter she sent to the BFAR on Dec. 14.

She was referring to the BFAR's Integrated Marine Environment Monitoring System (IMEMS) that enhances the agency's capacity to monitor and control marine vessels within Philippine territory.

BFAR is under the Department of Agriculture.

According to Tuquero, the contract to supply technology and equipment for the IMEMS, which was awarded in 2018, was no longer in effect.

She pointed out that “delivery of goods is required within four years reckoned from the date of receipt of the notice to proceed and in accordance with the project implementation schedule provided in the bidding documents.”

Tuquero explained that the award indicated the date of the notice to proceed was Dec. 4, 2018 and to expire on Dec. 4, 2021.

“Based on the award, the contract has already expired for over a year,” she revealed.

“Even assuming for the sake of argument that the expiration date as stated was a typo (error) and that the intent was 04 December 2022, the same has also expired,” she went on.

Tuquero added that the contract expiration would also mean forfeiture of performance bonds posted by the winning bidder if it failed to complete its obligations under the contract, among other consequences.

Under the Fisheries Administrative Order No. 266, all commercial fishing vessels are required to install a vessel monitoring system that would show their location at sea. The Malabon City Regional Trial Court (RTC), on the other hand, declared it as null and void for being unconstitutional and contrary to the provisions of the Fisheries Code.

In a legal opinion sent to BFAR by then-Solicitor General Jose Calida, the agency was asked to comply with the June 1, 2021 decision of Malabon City RTC.