Case Digest (A.C. No. 10553)
Facts:
On December 12, 2003, Manuel N. Mamba, then Representative of Cagayan’s 3rd District, together with Provincial Board Members Raymund P. Guzman and Leonides N. Fausto (collectively, petitioners), filed before the Regional Trial Court (RTC), Branch 5, Tuguegarao City, Civil Case No. 6283, a Petition for Annulment of Contracts and Injunction with prayer for a Temporary Restraining Order/Writ of Preliminary Injunction. They named as respondents Governor Edgar R. Lara, members of the Sangguniang Panlalawigan of Cagayan, and corporate respondents Preferred Ventures Corp., Asset Builders Corp., Rizal Commercial Banking Corp. (RCBC), Malayan Insurance Co. (MICO), and Land Bank of the Philippines (LBP). The petition challenged the legality of resolutions and contracts authorizing the flotation of up to ₱500 million in provincial bonds to fund the New Cagayan Town Center, the appointment of Preferred Ventures as financial adviser, the engagement of Asset Builders for construction, and theCase Digest (A.C. No. 10553)
Facts:
- Case Background
- Petition for Review on Certiorari under Rule 45 filed by petitioners Manuel N. Mamba, Raymund P. Guzman and Leonides N. Fausto seeking annulment of contracts and injunctive relief against Governor Edgar R. Lara, members of the Sangguniang Panlalawigan of Cagayan and several corporate and banking entities.
- Prayer for Temporary Restraining Order and Writ of Preliminary Injunction to halt the bond flotation and related contracts for the New Cagayan Town Center project.
- Factual Antecedents
- November 5, 2001 – Sangguniang Panlalawigan Resolution No. 2001-272 authorized the appointment of Preferred Ventures Corp. as financial advisor without cost or commitment; ratified by Resolution No. 290-2001 on November 19, 2001, providing a one-time fee of 3% of bonds floated.
- February 15, 2002 – Resolution No. 2002-061-A empowered the governor to negotiate and execute bond agreements up to P500 million.
- May 20, 2002 – Ordinance No. 19-2002 approved the P500 million bond flotation for the New Cagayan Town Center and authorized related contracts subject to Sangguniang Panlalawigan ratification.
- October 20, 2003 – Resolution No. 350-2003 ratified trust indenture, deed of assignment, paying agency, guarantee and underwriting agreements with RCBC, Malayan Insurance Co. and Land Bank of the Philippines; Resolution No. 351-2003 ratified the planning, design and construction contract with Asset Builders Corp.
- May 20, 2003 – Notice of Award granted Asset Builders Corp. the town center contract for P213,795,732.39.
- Proceedings Below
- December 12, 2003 – Petition for Annulment of Contracts and Injunction filed in RTC Branch 5, Tuguegarao City; respondents filed motions to dismiss for lack of cause of action, locus standi, justiciability and non-joinder of indispensable parties.
- Petitioners moved to admit an amended petition; the RTC denied the motion as belated and dismissed the case on April 27, 2004 for lack of cause of action, political question, ripeness and absence of direct injury.
- Petitioners filed a motion for reconsideration; upon inhibition and raffling, RTC Branch 1 denied reconsideration on August 20, 2004 for procedural defect in notice of hearing and on the merits.
Issues:
- Whether petitioners, as taxpayers, have locus standi to challenge the bond flotation and related contracts.
- Whether the controversy involves a non-justiciable political question.
- Whether the RTC erred in denying the Motion to Admit Amended Petition.
- Whether the Motion for Reconsideration complied with Section 5, Rule 15 of the Rules of Court.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)