Controversial Customs Commissioner Alberto Lina. INQUIRER PHOTO/RICHARD A. REYES
The Manila Regional Trial Court Branch 47 stopped Customs Commissioner Alberto Lina from canceling a P650-million contract for the Integrated Enhanced Customs Processing System (IECPS).
In an 18-page Omnibus Order, Manila RTC Branch 47 Judge Paulino Gallegos granted the petition filed by Omni Prime Marketing Incorporated and Intrasoft International Incorporated when it issued the writ of preliminary injunction enjoining the Bureau of Customs (BoC) and the Department of Budget and Management (DBM) from implementing cancellation of the competitive bidding.
“Premises considered, the Court rules to grant the petitioner’s application for the issuance of a writ of preliminary injunction and enjoining all the respondents from implementing both the May 6, 2015 letter of respondent Commissioner Alberto Lina aborting the competitive bidding for the PNSW 2 Project and the May 7, 2015 cancellation notice of respondent Atty. Jose Tomas Syquia of the DBM Procurement Service in the meantime that the case is heard upon its merits,” Gallegos said in his order.
The lower court also stopped the DBM and BoC from initiating any procurement, sourcing of funds and conducting any other procurement.
At the same time, the court also ordered the BoC to proceed with the remaining procurement process by issuing the “notice to proceed” and sign the contract in favor of the petitioner.
“Petitioner’s right to be awarded with the project is already clear and present, were it not for the cancellation and with absence of the grounds provided fot by law,” the order stated.
Petitioner accused the BoC of acting in excess of its jurisdiction when it cancelled the project and subject it to another review.
They added there is also no legal basis to cancel the procurement through competitive bidding because it is “thoroughly conceived, studied and evaluated” prior to the decision to initiate a competitive bidding and that even the DBM admitted that that they have spent more than three years bidding, rebidding and redoing the project.
The lower court agreed with the petitioners saying cancellation was not based on existing laws.
“This is coupled by the injustice that petitioner suffered out of the sudden cancellation following years long and rigorous bidding process for its qualification, and to which injunctive writ, as strong arm of equity, is the temporary remedy to prevent petitioner’s suffering therefrom,” it explained.
This issue has been the subject of a plunder complaint filed by Omniprime against Lina and several other government officials. TVJ
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