The Supreme Court has reinstated the order issued by the Regional Trial Court of Olongapo City in 2012 which compelled the Subic Bay Metropolitan Authority (SBMA) to award the P5.5-billion contract to Harbour Centre Port Terminal, Inc. (HCPTI).
THE Supreme Court has reinstated the order issued by the Regional Trial Court of Olongapo City in 2012 which compelled the Subic Bay Metropolitan Authority to award the P5.5-billion contract to Harbour Centre Port Terminal, Inc. for the development, operation and management of several ports inside the Subic Special Economic and Freeport Zone.
“The one duty-bound to ensure observance with laws and rules should not be the ones to depart therefrom. The violation by the government of the rules itself would stain the credibility of the investment environment,” the Court stressed. “In this case, all the requisites for the issuance of the NOA had already been complied with. The existence of these requisites gave rise to a clear legal right in favor of petitioner and correlative ministerial duty upon SBMA,” the Court said.
Due to SBMA’s failure and refusal to issue the NOA and NTP, petitioner filed a petition for mandamus before the Olongapo RTC. It added that in all cases where the government entity directly negotiates with a private sector participant for a proposed JV undertaking, the negotiated terms shall be subjected to a competition challenge.
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