534 Phil. 610
CHICO-NAZARIO, J.:
(a) Contract for Negotiated Purchase Supply, Delivery and Installation of the PNP Multi-Trunked Radio System (MTRS) for Phase IV; andThe contracts were signed by Dale A. Zuiderma, for Motorola, and P/Director General Roberto T. Lastimoso, for the PNP, and approved by Department of Interior and Local Government (DILG) Undersecretary Ronaldo V. Puno, by authority of the President/Concurrent Secretary, DILG/Chairman, NAPOLCOM per D.O. No. 98-488 dated 1 July 1998.
(b) Contract for the Negotiated Purchase, Supply Delivery and Installation of the PNP Multi-Trunked Radio System (MTRS) for Phase V.
Finding that the assailed contracts to be valid and binding, we find no danger of any grave and irreparable injury that would affect petitioner as taxpayer that would warrant the injunctive writ being prayed for. On the contrary, considering the present and compelling need to control the rising criminality in the Metro Manila today, the immediate implementation of the contracts covering Phases IV and V of the MTRS would work not only to petitioner's benefit but to the greater public as well.Without filing a motion for reconsideration, respondent assailed the Resolution of the lower court before the Court of Appeals, via a Petition for Certiorari, docketed as CA- G.R. SP No. 59934.
WHEREFORE, in view of the foregoing, the prayer for the issuance of a writ of preliminary injunction is hereby DENIED and we deem it necessary that the petition, together with all pending motions be DISMISSED.[2]
WHEREFORE, the petition is GRANTED and the questioned resolution dated 24 July 2000 insofar as it dismisses the petition together with all pending motions, is hereby SET ASIDE, AND ALL PENDING INCIDENTS ARE MOOTED. Civil Case No. Q-00-41153 including its records is ordered REMANDED to the trial court for further proceedings. No costs.[4]Petitioners moved for reconsideration, but it was denied by the Court of Appeals in its Resolution of 5 September 2001.[5]
While the PNP has much interest in having the said case resolved by no less than the Supreme Court, the PNP's growing need for communications equipment that will go along with its program in fighting all forms of criminality and lawlessness is a major concern that calls for immediate solution. At this time, however, this urgent concern could not be addressed for want of the needed fund. The implementation, therefore, of the aforesaid contracts remains the only viable option for the realization of the needed equipment.Subsequently, the OSG likewise received a letter from DILG Secretary Jose D. Lina, Jr. dated 1 October 2003, stating:x x x x
It is in view of the foregoing, and in the light of the urgency for high end communications equipment, especially now that some criminal elements are active in sowing terror and violence that require the involvement of more PNP field elements, it is respectfully submitted for your consideration the propriety of withdrawing the pending petition before the Supreme Court so that the PNP and MOTOROLA Incorporated, which expressed their willingness to sit with the PNP and abandon their view with regard to the status of the contracts, could pursue the MTRS Phases IV and V projects and negotiate new contracts in accordance with the guidelines set in the September 9, 1999 memorandum by the Executive Secretary, which the President reiterated on October 18, 2000.[7]
This is to formally inform your office that this Department interposes no objection to the withdrawal of the appeal filed in the above-entitled case before the Supreme Court after renegotiation of the MTRS Phases IV and V contracts is made, as recommended by PNP Director General Hermogenes E. Ebdane, Jr.[8]Pursuant to the foregoing letters, the OSG filed a Manifestation and Motion[9] dated 6 October 2003, praying for the withdrawal of the Petition for Review.
On the undated letter of the Philippine National Police, the Honorable Chief of Police stated that: "all the concerns apprehension (sic) of the petitioner below, Mr. Tomas Jose Berenguer, have been squarely addressed during the renegotiation and now form part of the renegotiated contracts, conducted in accordance with existing laws, rules and regulations."Respondent has no personal knowledge of the facts and circumstances surrounding the subject compliance with his concerns. In any case, Respondent joins the proposal of the Honorable Chief of Police for the dismissal of the instant case, provided that such proposal would mean that the Decision dated 30 March 2001 and the Resolution dated 05 September 2001 of the Honorable Court of Appeals are effectively maintained.[13]We resolve to grant the motion and dismiss the present Petition. However, the dismissal of this Petition for Review would be without prejudice to the disposition of Civil Case No. Q-00-41153, which was ordered remanded to the trial court in the assailed Court of Appeals Decision.[14] Motions for the dismissal of Civil Case No. Q-00-41153 should be addressed to the trial court.
MEMORANDUM FROM THE OFFICE OF THE PRESIDENT TO : SECRETARY ALFREDO S. LIM
Department of Interior and Local
GovernmentSUBJECT : APPROVAL BY THE PRESIDENT
OF THE PLAN OF THE PNP TO
PURSUE THE PROCUREMENT OF
MULTI-TRUNKED RADIO SYSTEM
PHASES IV AND VDATE : October 18, 2000 Anent your letter dated October 14, 2000, concerning the approval by the President of "the plan of the PNP to pursue the procurement of Multi-Trunked Radio System (MTRS) Phases IV and V," please be informed and be guided by the following directives.
For your guidance.
- The approval by the President of the "plan of the PNP to pursue the procurement of Multi-Trunked Radio System (MTRS) Phases IV and V" is not the same as, does not refer to, an approval by the President for the implementation of any contract between the DILG-PNP and Motorola Systems, Inc. The approval by the President solely refers to the approval of the plan to pursue, in general, the procurement of Multi-Trunked Radio System for the PNP, and should not be interpreted to mean the approval of any proposed contract between the DILG-PNP and Motorola Systems, Inc.
- The subject approval of the "plan" should be interpreted and taken in conjunction with the directive of the Executive Secretary for the re-negotiation of the proposed contract between DILG-PNP and Motorola, Inc., as set forth in the Memorandum to the DILG dated September 9, 2000. In such Memorandum, the DILG was directed to submit to the Office of the President a proposed re-negotiated contract, through the Presidential Management Staff, for review and approval. Specifically, the context of the Memorandum dated September 9, 2000, calls for a re-negotiation of the proposed contract for the Office of the President's final review and approval. Hence, the implementation of the "plan" should be held in abeyance pending the future execution of a perfected contract.
- Accordingly, the President's approval of the plan to pursue the MTRS contract is not tantamount to the approval of any contract between the DILG-PNP and Motorola, Inc. Memorandum Circular No. 25 and the directive of this Office to the DILG to re-negotiate the proposed contract between the DILG-PNP and Motorola, Inc., still stands in force and is subsisting. The directive of this Office to re-negotiate the MTRS contract was not superseded or in any manner amended by the approval by the President of the plan or pursue the procurement of items to be purchased under a proposed MTRS contract. These official orders and directives of the President cannot be rendered nugatory by inofficious interpretation of private individuals.
- Finally, the Office of the President has not dispensed with and has not waived the mandates, requirements an directives of Memorandum Circular No. 25 dated August 25, 1998 to examine and review the proposed MTRS contract, as in fact, it still awaits compliance by the DILG of the President's directive concerning the re-negotiation of the proposed MTRS contract.
(Sgd.) JOSEPH EJERCITO ESTRADAPresident (Rollo, pp. 1017-1019.)
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