A potential loophole involving girlfriends or boyfriends as well as extramarital relationships of public officials was raised on Tuesday, March 10, during Senate deliberations on a bill that would disqualify relatives of government officials from participating in government bidding.

During the hearing of the Senate Committee on Civil Service, Government Reorganization and Professional Regulation, Senator Erwin Tulfo asked whether a mayor’s or barangay official’s girlfriend could legally join government bidding under the proposed measure, which bars relatives within the fourth civil degree of consanguinity or affinity.

“Uso po ngayon, Mr. Chair, si Mayor may girlfriend. Si Kagawad, yung kanyang anak may girlfriend, sumali sa bidding, pupwede po ba yun? Are they covered or not? (Mr. Chair, this is common nowadays: the mayor has a girlfriend. The councilor, whose child also has a girlfriend, joined the bidding—would that be allowed or not? Are they covered by the rules?)” Tulfo asked.

Senator Francis "Chiz" Escudero, who presided over the discussion, said such relationships are not currently covered by the provision.

“Girlfriend, hindi pa kayo kasal (you're not married), that’s not covered by this provision,” Escudero said.

“Tolerated girlfriend or boyfriend, that’s not covered by this provision as it stands,” he said.

Escudero explained that the law avoids explicitly recognizing extramarital relationships, noting that formally including them in legislation could imply legal recognition of such arrangements.

“The law and the Constitution clearly frown upon this kind of relationship. And for us to make mention of it in a law would somehow be giving recognition… to that kind of an arrangement,” he said.

However, Escudero said the matter could be discussed further during the period of amendments, acknowledging Tulfo’s point that such situations occur in practice.

Tulfo noted that some public officials are single, raising the possibility that their romantic partners could legally participate in government bidding because they are neither married nor related by blood.

"Eh wala naman po sa batas, wala po sa bill na ito na girlfriend or let's say na straight up, hindi kulasisi–legal na girlfriend, Mr. Chair, dahil wala siyang asawa. Pero pwede sumali because wala sa batas? How is that? (Well, it’s not in the law—this bill doesn’t mention girlfriends, or let’s say, a legal girlfriend who isn’t a spouse, Mr. Chair. But they can still join because it’s not prohibited in the law? How does that work?)" Tulfo asked.

Escudero replied that such relationships are difficult to regulate because they are not permanent and could easily be denied.

“Because the relationship is not permanent. Pag nahuli, ‘ah hindi, nung isang buwan pa kami break bago pa ako sumali sa bidding (If caught, ‘oh no, we had already broken up a month before I joined the bidding’),’” he said.

The discussion also touched on how the measure would apply to illegitimate relatives. Tulfo presented a scenario where a bidder later turns out to be the illegitimate child of a mayor’s sibling.

Escudero said if the person knew about the familial relationship, the prohibition would apply because the bill covers relatives within the fourth civil degree, “legitimate or illegitimate.”

However, he clarified that liability would attach to the individual who participated in the bidding, not the public official.

“Any violation or non-compliance with the law, it’s the person executing the affidavit or undertaking that will be sued. Not the relative,” Escudero said.

Officials from the Philippine Competition Commission (PCC) said they would submit a position paper on how such relationships could be addressed in the proposed measure.

Escudero also said the committee would ensure that the law clearly states it will apply prospectively, particularly because the bill includes a penal provision.

“We will make sure that we will clearly state that this law shall have prospective application,” he said, noting that penal laws cannot be applied retroactively.