Case Digest (G.R. No. 155025)
Facts:
- Petition for review on certiorari filed by Col. Arturo C. Ferrer (Ret.), president and general manager of Odin Security Agency, Inc. (Odin)
- Odin was one of the bidders for the security services of the Philippine International Convention Center (PICC) in August 1999
- Prequalification, Bidding and Awards Committee (PBAC) of the PICC disqualified Odin from further participating in the bidding due to a survey showing that it had not rendered a "very satisfactory performance"
- Petitioner sought reconsideration of the PBAC ruling and requested the names of the informants, but the PBAC refused to disclose their identities
- Petitioner filed a complaint with the Ombudsman, which was dismissed for lack of substantial evidence
- Petitioner filed a motion for reconsideration, but it was denied
Issue:
- (Unlock)
Ruling:
- The Court of Appeals dismissed the petition for certiorari filed by petitioner due to his failure to comply with procedural rules
- The Sup...(Unlock)
Ratio:
- Petitioner's failure to comply with procedural rules, specifically Section 13, Rule 13 of the Rules of Court, was a fatal defect
- Lack of proof of service of the petition and failure to attach relevant and pertinent documents, such as the joint counter-affidavit, were sufficient grounds for dismissal of the petition
- Procedural rules have a wholesome rationale in the ord...continue reading
Case Digest (G.R. No. 155025)
Facts:
This case involves a petition for review on certiorari filed by Col. Arturo C. Ferrer (Ret.), the president and general manager of Odin Security Agency, Inc., against Atty. Araceli E. Villanueva, Dalisay Soriano, and Wilson de los Reyes, members of the Prequalification, Bidding and Awards Committee (PBAC) of the Philippine International Convention Center (PICC). The petitioner sought to challenge the resolutions of the Court of Appeals (CA) dismissing his petition for failure to comply with procedural rules.
In August 1999, Odin Security Agency, Inc. participated in the bidding for the PICC security services. However, on October 3, 1999, the PBAC disqualified Odin from further participating in the bidding due to a survey among its clients showing that it had not rendered a "very satisfactory performance." The petitioner sought reconsideration of the PBAC ruling and requested the names of the informants, but the PBAC refused to divulge their names on the ground of confidentiality. The petitioner then filed a complaint with the Ombudsman for violation of Republic Act No. 6713 against the members of the PBAC. However, the Ombudsman dismissed the complaint for lack of substantial evidence. The petitioner filed a motion for reconsideration, but it was denied by the Ombudsman. The petitioner then filed a petition for certiorari with the CA, but it was dismissed for failure to comply with procedural rules. The petitioner filed a motion for reconsideration, but it was also denied by the CA.
Issue:
The main issue raised in the case is whether the CA erred in dismissing the petitioner's petition for failure to comply with Section 13, Rule 13 of the 1997 Rules of Civil Proced...