An Omnibus Sworn Statement is a specialized legal document that consolidates multiple declarations under a single oath. Unlike a typical affidavit, which usually attests to one specific fact, an omnibus statement serves a broader purpose by bundling various affirmations into one comprehensive notarized document. This format is crucial for efficiency and legal compliance in specific contexts, most notably in government and business transactions.
The term “omnibus” in this context means “relating to or dealing with many things at once,” highlighting its function as a single instrument for multiple attestations. Instead of submitting several separate documents, a party can use this statement to simultaneously confirm their identity, legal standing, business practices, and compliance with various laws and regulations.
Why is an Omnibus Sworn Statement Required?
The requirement for an Omnibus Sworn Statement is rooted in the principles of transparency, accountability, and due diligence. Here’s why it is so important, using the Philippine government procurement process as a primary example:
- To Ensure Due Diligence: The statement allows the requesting entity (e.g., a government agency) to efficiently verify a bidder’s eligibility and qualifications. It acts as a single point of reference for critical information, reducing the administrative burden of checking multiple individual documents.
- To Promote Integrity: It legally obligates the signatory to affirm the truthfulness of all declarations under oath. This is a powerful tool to deter fraud, collusion, and misrepresentation. By signing, the affiant confirms that they have not engaged in corrupt practices, such as giving bribes or having relationships with government officials that could influence the bidding process.
- To Confirm Legal Standing and Compliance: The document requires a bidder to declare their legal structure (sole proprietorship, corporation, etc.) and to confirm that they are not “blacklisted” and are in full compliance with labor and other relevant laws. This protects the government from contracting with non-compliant or fraudulent entities.
- To Grant Verification Authority: A key part of the statement is the affiant’s authorization for the government to verify the authenticity of all submitted documents. This provides the legal basis for the government to cross-reference and audit the information provided by the bidder.
In essence, the Omnibus Sworn Statement is a tool for risk mitigation. It streamlines the verification process while placing a high legal and ethical responsibility on the affiant, safeguarding the integrity of the entire transaction.
Legal Implications of Making False Statements
It is crucial to understand that an Omnibus Sworn Statement is a legally binding document. Making false statements under oath is a serious criminal offense in the Philippines.
- Crime of Perjury: Under Article 183 of the Revised Penal Code of the Philippines, as amended by Republic Act No. 11594, a person who knowingly makes an untruthful statement in an affidavit upon a material matter may be charged with perjury. The penalty for this crime is no longer a light one.
- Penalties for Perjury: The penalty for perjury is now prisión mayor in its minimum period to prisión mayor in its medium period, which translates to imprisonment for six (6) years and one (1) day to ten (10) years. If the offender is a public officer or employee, the penalty is even higher, and they will also face a fine not exceeding P1 million and perpetual disqualification from holding any public office.
- Administrative and Financial Penalties: For government procurement, making false statements can also lead to administrative sanctions, such as blacklisting, forfeiture of bid security, and disqualification from future government projects, in addition to criminal liability.
Omnibus Sworn Statement: Example Template
Below is a complete and accurate template of a standard Omnibus Sworn Statement used in government procurement in the Philippines, consistent with the requirements of Republic Act No. 9184 (the Government Procurement Reform Act) and its current Implementing Rules and Regulations.
OMNIBUS SWORN STATEMENT
REPUBLIC OF THE PHILIPPINES) CITY/MUNICIPALITY OF ______________) S.S.
I, [Name of Affiant], of legal age, [Civil Status], [Nationality], and residing at [Address of Affiant], after having been duly sworn in accordance with law, do hereby depose and state that:
1. Legal Capacity of the Bidder (Instructions: Choose the statement that applies to the bidder and delete the others.)
- If a sole proprietorship: I am the sole proprietor or authorized representative of [Name of Bidder] with office address at [address of Bidder];
- If a partnership, corporation, cooperative, or joint venture: I am the duly authorized and designated representative of [Name of Bidder] with office address at [address of Bidder];
2. Power and Authority to Represent (Instructions: Choose the statement that applies to the bidder and delete the others.)
- If a sole proprietorship: As the owner and sole proprietor, or authorized representative of [Name of Bidder], I have full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached duly notarized Special Power of Attorney;
- If a partnership, corporation, cooperative, or joint venture: I am granted full power and authority to do, execute and perform any and all acts necessary to participate, submit the bid, and to sign and execute the ensuing contract for [Name of the Project] of the [Name of the Procuring Entity], as shown in the attached [state title of attached document showing proof of authorization (e.g., duly notarized Secretary’s Certificate, Board/Partnership Resolution, or Special Power of Attorney, whichever is applicable;)];
3. [Name of Bidder] is not “blacklisted” or barred from bidding by the Government of the Philippines or any of its agencies, offices, corporations, or Local Government Units, foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the Government Procurement Policy Board;
4. Each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct;
5. [Name of Bidder] is authorizing the Head of the Procuring Entity or its duly authorized representative(s) to verify all the documents submitted;
6. Relationship with Government Officials (Instructions: Choose the statement that applies and delete the others.)
- If a sole proprietorship: The owner or sole proprietor is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
- If a partnership or cooperative: None of the officers and members of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
- If a corporation or joint venture: None of the officers, directors, and controlling stockholders of [Name of Bidder] is related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), the Technical Working Group, and the BAC Secretariat, the head of the Project Management Office or the end-user unit, and the project consultants by consanguinity or affinity up to the third civil degree;
7. [Name of Bidder] complies with existing labor laws and standards;
8. [Name of Bidder] is aware of and has undertaken the following responsibilities as a Bidder: a) Carefully examining all of the Bidding Documents; b) Acknowledging all conditions, local or otherwise, affecting the implementation of the Contract; c) Made an estimate of the facilities available and needed for the contract to be bid, if any; and d) Inquired or secured Supplemental/Bid Bulletin(s) issued for the project;
9. [Name of Bidder] did not give or pay, directly or indirectly, any commission, amount, fee, or any form of consideration, pecuniary or otherwise, to any person or official, personnel or representative of the government in relation to any procurement project or activity;
10. I am making this statement in compliance with the requirements of Republic Act No. 9184 and its Revised Implementing Rules and Regulations.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20 at _____________________, Philippines.
__________________________________________ [Name of Affiant] [Bidder’s Representative/Authorized Signatory] [Signatory’s Legal Capacity] Affiant
JURAT
SUBSCRIBED AND SWORN to before me this ____ day of [month] [year] at [place of execution], Philippines. Affiant/s is/are personally known to me and was/were identified by me through competent evidence of identity as defined in the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC). Affiant/s exhibited to me his/her [insert type of government identification card used], with his/her photograph and signature appearing thereon, with no. ______________________.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
NAME OF NOTARY PUBLIC
Serial No. of Commission ________________
Notary Public for ________________until ________________
Roll of Attorneys No. __________________
PTR No. __________________, [date issued], [place issued]
IBP No. __________________, [date issued], [place issued]
Doc. No. __________________
Page No. __________________
Book No. __________________
Series of __________________
