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Monday, November 17, 2003
Cebesos asks court not to dismiss case against MCIAA
THE development firm that lost in the bidding for the rejuvenation works of the Mactan-Cebu International Airport runway is asking the court not to dismiss the case they filed against the airport authority.
In a five-page opposition to the motion to dismiss, the Cebesos Development Corp. said the Mactan-Cebu International Airport Authority (MCIAA) should be made to answer for favoring another development company in the bidding.
Through their lawyer Rolindo Navarro, Cebesos alleged that the MCIAA rigged the bidding just to favor 7H Technochem Industries Inc.
“This anomaly confers upon (us) the clear and unmistakable right to a relief from this honorable court as the irregularity had rendered the award of the contract to 7H Technochem null and void,” the motion read.
They also said the court has clear jurisdiction on the case, contrary to the claim of the MCIAA that the court cannot act on infrastructure projects by any government agency.
“The present case involves a constitutional issue in that it brings to the fore the exercise of judicial power of courts over any branch or instrumentality of the government to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of said government branch or instrumentality,” Cebesos’ motion read.
They added that they do not expect Regional Trial Court Judge Generosa Labra of Branch 23, “to abdicate its judicial power to take cognizance of this actionable wrong on the part of (MCIAA and 7H Technochem).”
Earlier, Judge Labra refused to issue a temporary restraining order (TRO) against MCIAA and 7H Technochem, after she found out that Cebesos was not even a party to the contract for the supply and delivery of a rejuvenator sealer last July 24, 2000.
Cebesos earlier asked for the issuance of the TRO to stop 7H from collecting payments from the airport authority and to prevent MCIAA from effecting such payment to the private company.
Cebesos also prayed that both the MCIAA and 7H Technochem be restrained from doing rejuvenation work on the airport runway.
Judge Labra had ruled that (Cebesos) failed to establish clear and unmistakable right that have been violated by MCIAA and 7H Technochem that would merit protection by the court.
“What (Cebesos) has are mere allegations against (MCIAA and 7H Technochem),” Labra said in her decision.
Labra also opined that since the rejuvenation of the airport runway is a national government project, the issuance of an injunctive writ is prohibited under Presidential Decree 1818. GN
(November 17, 2003 issue)
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