Court order stops bus terminal project PDF Print E-mail
Wednesday, 25 July 2012 14:08

A Writ of Preliminary Injunction was issued last Monday by the Regional Trial Court (RTC) in connection with the Integrated Bus Terminal (IBT) project of the city government.

The writ or order was issued by RTC Branch 17 in the case filed by RCDG Construction Corporation and R.U. Aquino Construction and Development Corporation, a construction joint venture, against Mayor Celso L. Lobregat and the city’s Bids and Awards Committee (BAC).

Atty. Vic R. Solis, counsel of RCDG Construction Corporation, described the court’s issuance of the writ as a “courageous and judicious act.”

He added that “we are a society governed by laws. Our public officials, from the mayor down to the lowest level, must act within the bounds of law, not
outside or above the laws.  To my mind, this is the message of the writ.”

The writ of preliminary injunction prohibited Mayor Lobregat and the BAC from re-advertising, re-bidding and other acts in furtherance of the re-bidding of the IBT project at Divisoria.

Prior to the issuance of the writ of preliminary injunction, a Temporary Restraining Order (TRO) was issued by the court on November 11, 2011.

Case records disclose that a “Notice of Award” was issued by the city government to the joint venture of RCDG and R.U. Aquino on April 13, 2009. The award was made after public bidding and on the basis of the recommendation of the BAC.

On August 10, 2009, however, Mayor Lobregat issued a “Notice to Recall and Cancel Award”, which took away the construction contract from the joint venture.

On October 9, 2009, RCDG Construction Corporation and R.U. Aquino Construction and Development Corporation filed a case with the RTC questioning the act of the city mayor in cancelling their IBT project award.

In an earlier order dated July 13, 2012, which preceded the issuance of the writ of preliminary injunction, the RTC noted that the construction partners, RCDG and R.U. Aquino, “were not afforded due process when the Notice of Award was cancelled and recalled.”