Makati court denies losing bidder's TRO plea

November 1, 2012 12:37 am 

MANILA, Oct. 31 — A Makati City Regional Trial Court (RTC) has denied for lack of merit the petition of a losing bidder in a traffic signal light project to temporary stop the awarding of the contract to another company.

In a four-page decision, Judge Carlito Calpatura of RTC Branch 145 denied the petition for temporary restraining order (TRO) of Abratique and Associates and First United Constructors Corp., the consortium that vied for the MMDA’s P300-million traffic signal light project.

Calpatura ruled that the consortium failed to show that its rights would be violated if the bidding procedures for the project pushed through. It will be recalled that a losing bidder earlier filed a case against Metropolitan Manila Development Authority (MMDA) officials and asked the court to award the project to them.

“Their claim that their rights will be violated if no TRO is issued is farfetched because they have not even shown that they are entitled to the award of the project,” the judge said.

Abratique executives filed their legal action after the MMDA declared a failure of bidding for the project.

The Makati court, however, noted that the petitioner did not present any evidence that “there is a great possibility that they may be qualified by reasons based on the other criteria. Hence, their claim of being qualified is at bests speculative,” it said.

MMDA Chairman Francis Tolentino welcomed the court’s decision. He reiterated that the bidding procedures were aboveboard and transparent and complied with the provisions of Republic Act 9184, or the Government Procurement Reform Act, with even the Imperial College of London acting as the special adviser of the MMDA for the traffic signalization upgrading. (PNA)



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