FACTS: In 1999,
National Electrification Administration (NEA) published an invitation to
pre-qualify and to bid for a contract known as IPB No. 80 for the supply and
delivery of about 60,000 pieces of wood poles and 20,000 of cross-arms. Nerwin
was one of the bidders The contract was awarded to him being the lowest bidder.
However, NEA’s board of directors passed a resolution reducing by 50% the
material requirements for IPB 80 to which Nerwin protested. A losing bidder,
Tri State and Pacific Synergy filed a complaint alleging the documents Nerwin
submitted during the pre-qualification bid were falsified. Finding a way to
nullify the bid, NEA sought the opinion of Gov’t Corporate Counsel who upheld
the eligibility of Nerwin. NEA allegedly held negotiations with other bidders
for IPB 80 contract. As a result, Nerwin filed a complaint with prayer of
injunction which was grabted by RTC Manila. PNOC – Energy Dev’t Corp issued an
invitation to pre-qualify and bid for O-ILAW project. Nerwin filed a civil
action in RTC alleging that it was an attempt to subject portions of IPB 80 to
another bidding. He prayed for TRO to enjoin respondents to the proposed
bidding. Respondents averred that this is in violation of a rule that
government infrastructure are not subject to TROs. RTC granted TRO
nevertheless. CA ruled in favor of respondents. Hence, this petition.
ISSUE: W/N CA erred in
dismissing the case pursuant to RA 8975 which prohibits issuance of TRO except
SC to gov’t projects
HELD: Decision of CA
affirmed. Sec 3 of RA 8975 clearly prohibits issuance of TRO, preliminary
injunctions, and preliminary mandatory injunctions against gov’t.
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