Solis on Lobregat’s reported defiance of court order: ‘Irresponsible, arrogant’ PDF Print E-mail
Friday, 27 July 2012 14:19

Atty. Vicente R. Solis, lawyer of RCDG Construction, yesterday branded as irresponsible, arrogant and contemptuous behavior Mayor Celso Lobregat’s reported ill-advised decision to defy the court order on city government Integrated Bus Terminal (IBT) project.

Mayor Lobregat, in radio and television interviews, described the Regional Trial Court’s issuance of a preliminary injunction  as moot and academic as he said his administration has already done the bidding and re-bidding of the IBT  and is now on the second stage of the project.

Solos said Lobregat will be held answerable, adding that “ he is not defying RCDG, he is defying the court of law.”

“Is this leadership by example?” asked Solis.

The lawyer explained that the writ of preliminary injunction is written very simply and easy to understand and for the mayor to follow and obey.
“It says ‘and other acts in furtherance of the the rebidding of the IBT project,” Solis stressed.

He said “In furtherance of the rebidding “ means the court is ordering the stop of the construction.

“One does not have to be an English major to understand this order of the court,” Solis emphasized.

“The mayor should not try to interpret the court order in his favor. It is his bounden duty to follow and implement it. He should not oppose the court he should cooperate with it and follow its order,” the lawyer added.

The writ of preliminary injunction was issued last Monday by the 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. Solis, counsel of RCDG Construction Corporation, described the court’s issuance of the writ as a “courageous and judicious act.”

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.”