Professional Documents
Culture Documents
ISSUE
WON
DECISION
COMELEC acted with grave abuse of discretion
1)
2)
YES
-
FACTS
about the fact that the Report submitted by the BAC came
because the latter had been asked to render its report and
MPC
5)
6)
billion-peso contract.
We can imagine that anyone else standing in the shoes of
the Honorable Commissioners would have been extremely
conscious of the overarching need for utter transparency.
Consortium (MPC)
due to glaring irregularities in the manner in which the bidding
process had been conducted.
They questioned the identity and eligibility of the awarded MPC
where the competing bidder is Mega Pacific eSolutions, Inc.
multi-billion-peso contracts.
After all, between April 15 and April 21 were a mere
six (6) days. Could Comelec not have waited out six
9)
8)
the
to
act
BAC Report.
In short, the Court finds it difficult to reconcile the
uncommon dispatch with which Comelec acted to approve
the multi-billion-peso deal, with its claim of having been
Teaming Agreements.
11) Citing therein the noncompliance with eligibility as well as
technical and procedural requirements (many of which have
been discussed at length in the Petition), they sought a rebidding.
They claimed that COMELEC awarded and contracted with
12)
a non-eligible entity.
In a letter-reply dated June 6, 2003, the COMELEC Chairman
Abalos rejected the protest and declared that the award would
exhaustion
requirement
remedies
circumstances
to
exhaust
administrative
of
administrative
indicating
the
remedies
urgency
would
of
be
judicial
intervention.
As already stated, Comelec itself made the exhaustion of
administrative remedies legally impossible or, at the very
least, unreasonable.
In any event, the peculiar circumstances surrounding the
unconventional rendition of the BAC Report and the
disregarded, as follows:
banc -- plus the fact that it was racing to have its Contract
The
NOTES
There is grave abuse of discretion when:
1)
2)
present
controversy
precisely
falls
within
the