Case Digest (G.R. No. 72744-45) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In PLARIDEL M. ABAYA et al. v. HON. SECRETARY HERMOGENES E. EBDANE, JR. et al. (G.R. No. 167919, February 14, 2007), petitioners Plaridel M. Abaya, Commodore Plaridel C. Garcia (Retired) and PMA ’59 Foundation, Inc., challenged DPWH BAC Resolution No. PJHL-A-04-012 of May 7, 2004, which recommended awarding Contract Package I (San Andres–Virac–Jct. Bato–Viga Road, 79.818 km) of the Catanduanes Circumferential Road Improvement Project (part of the Arterial Road Links Development Project Phase IV) to China Road & Bridge Corporation. The project was funded by a Japan Bank for International Cooperation (JBIC) Loan Agreement No. PH-P204 (December 28, 1999), under the Exchange of Notes between Japan and the Philippines (December 27, 1999). After prequalification in late 2002 and bid opening in April 2004, China Road’s corrected bid stood at P952.6 million against an ABC of P738.7 million (28.95% variance). The DPWH awarded the contract on September 29, 2004. Petitioners, suing as taxp Case Digest (G.R. No. 72744-45) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Loan Agreements and Project Background
- Exchange of Notes (Dec. 27, 1999) between the Governments of Japan and the Philippines provided for two yen loans (Loan I up to ¥79,861,000,000) to finance projects in List A, including the Arterial Road Links Development Project (Phase IV).
- Loan Agreement No. PH-P204 (Dec. 28, 1999) between JBIC and the Philippine Government allotted ¥15,384,000,000 for Phase IV, covering the Catanduanes Circumferential Road (total ~204.515 km).
- Contract Package I (CP I) and Bidding
- CP I: improvement/rehabilitation of San Andres (Codon)–Virac–Jct. Bato–Viga road (79.818 km).
- Prequalification (Nov.–Dec. 2002): 23 expressions of interest, 8 qualified (1 withdrew), 7 bids opened.
- Approved Budget for the Contract (ABC): ₱738,710,563.67; three lowest bids:
- China Road & Bridge Corp.: original ₱993.18 M (34.45% over ABC), corrected ₱952.56 M (28.95% over ABC)
- Cavite Ideal Intal Const. Devt. Corp.: ₱1,099.93 M (48.90% over ABC)
- Italian‐Thai Dev’t Pub. Co., Ltd.: ₱1,125.02 M (52.35% over ABC)
- Consultant’s Bid Evaluation (Apr. 2004) recommended China Road & Bridge as lowest compliant bidder.
- DPWH BAC Resolution No. PJHL-A-04-012 (May 7, 2004) approved by Acting Secretary Soriquez awarding CP I to China Road & Bridge.
- Contract executed on Sept. 29, 2004 between DPWH and China Road & Bridge Corp.
- The Petition
- Petitioners: Plaridel M. Abaya (taxpayer, ex‐lawmaker), Commodore Plaridel C. Garcia (taxpayer, ex‐military), and PMA a59 Foundation, Inc. (taxpayers).
- Respondents: DPWH Secretary Ebdane, DBM Secretary Boncodin, DOF Secretary Purisima, Bureau of Treasury Treasurer Lasala, and China Road & Bridge Corp.
- Relief sought: Certiorari to annul Resolution No. PJHL-A-04-012 and the CP I contract; prohibition against implementation; injunctive relief to stop fund disbursement.
- Main contention: Award violated RA 9184 (Government Procurement Reform Act) because winning bid exceeded the ABC, rendering the contract void ab initio.
Issues:
- Do the petitioners, as taxpayers and concerned citizens, have locus standi to challenge the contract award?
- Does RA 9184 apply to the CP I procurement and, if applied, was the award illegal for exceeding the ABC?
- Is the CP I contract void ab initio for contravening RA 9184?
- Are the petitioners entitled to a writ of prohibition to bar implementation of the award and contract?
- Are the petitioners entitled to injunctive relief against the disbursement of public funds for this project?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)