Albano v. Reyes, 175 SCRA 264 PDF
Albano v. Reyes, 175 SCRA 264 PDF
Albano v. Reyes, 175 SCRA 264 PDF
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ing. [Cf. Tañada v. Tuvera, G.R. No. 63915, April 24, 1985, 136
SCRA 27, citing Severino v. Governor General, 16 Phil. 366
(1910), where the Court considered the petitioners with sufficient
standing to institute an action where a public right is sought to be
enforced.]
Same; Same; Same; Same; Public Bidding; The PPA is the
agency in the best position to evaluate the feasibility of the
projections of the bidders; The Court nor Congress has the
technical expertise to look into this matter.—The determination of
whether or not the winning bidder is qualified to undertake the
contracted service should be left to the sound judgment of the
PPA. The PPA, having been tasked with the formulation of a plan
for the development of port facilities and its implementation [Sec.
6(a) (i)], is the agency in the best position to evaluate the
feasibility of the projections of the bidders and to decide which bid
is compatible with the development plan. Neither the Court, nor
Congress, has the time and the technical expertise to look into
this matter.
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PARAS, J.:
This is a Petition for Prohibition with prayer for
Preliminary Injunction or Restraining Order seeking to
restrain the respondents Philippine Ports Authority (PPA)
and the Secretary of the Department of Transportation and
Communications Rainerio O. Reyes from awarding to the
International Container Terminal Services, Inc. (ICTSI)
the contract for the development, management and
operation of the Manila International Container Terminal
(MICT).
On April 20, 1987, the PPA Board adopted its Resolution
No. 850 directing PPA management to prepare the
Invitation to Bid and all relevant bidding documents and
technical requirements necessary for the public bidding of
the development, management and operation of the MICT
at the Port of Manila, and authorizing the Board
Chairman, Secretary Rainerio O. Reyes, to oversee the
preparation of the technical and the documentation
requirements for the MICT leasing as well as to implement
this project.
Accordingly, respondent Secretary Reyes, by DOTC
Special Order 87346, created a seven (7) man “Special
MICT Bidding Committee” charged with evaluating all bid
proposals, recommending to the Board the best bid, and
preparing the corresponding contract between the PPA and
the winning bidder or contractor. The Bidding Committee
consisted of three (3) PPA representatives, two (2)
Department of Transportation and Communications
(DOTC) representatives, one (1) Department
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x x x
(ii) To supervise, control, regulate, construct, maintain,
operate, and provide such facilities or services as are necessary in
the ports vested in, or belonging to the Authority.
x x x
(v) To provide services (whether on its own, by contract, or
otherwise) within the Port Districts and the approaches thereof,
including but not limited to—
x x x
x x x
(vi) To make or enter into contracts of any kind or nature to
enable it to discharge its functions under this Decree.
x x x
[Emphasis supplied.]
Thus, while the PPA has been tasked, under E.O. No. 30,
with the management and operation of the Manila
International Port Complex and to undertake the providing
of cargo handling and port related services thereat, the law
provides that such shall be “in accordance with P.D. 857
and other applicable laws and regulations.” On the other
hand, P.D. No. 857 expressly empowers the PPA to provide
services within Port Districts “whether on its own, by
contract, or otherwise” [Sec. 6(a) (v)]. Therefore, under the
terms of E.O. No. 30 and P.D. No. 857, the PPA may
contract with the International Container Terminal
Services, Inc. (ICTSI) for the management, operation and
development of the MICP.
1
2. Even if the MICP be considered a public utility, or
a
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VOL. 175, JULY 11, 1989 273
Albano vs. Reyes
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