The joint venture of Annex Digital, Inc. and Gueterbrick Pty. Ltd., represented by Gilzael Vida, noted that RTC Judge Pedro Gutierrez of RTC Branch 119 in Pasay City has failed to act on its petition which was filed way back on Dec. 16 last year.
The petition was for the issuance of 72-hour and 20-day TRO), and writs of preliminary injunction and permanent injunction to bar Transportation Sec. Emilio Abaya, the Manila International Airport Authority (MIAA) and the MIAA bids and awards committee from awarding the P486-million contract to an alleged favored contractor.
“To say the least, there have been lapses committed in the handling of the case by the court, which casts serious doubt on whether justice will be served in this case,” the petition for inhibition of Gutierrez said.
The joint venture had earlier also filed administrative and criminal case against the same respondents, amid their alleged rush to award the project under “negotiated procurement contract.”
It cited a law requiring that negotiated procurement could be done only after two failed biddings on the project, as it maintained that the supposed first bidding held last year did not count, after the MIAA substantially changed the project’s terms of reference (TOR) during the supposed second bidding.
During the second bidding, MIAA struck off the “design” component of the project which was then simply for procurement and installation of the closed circuit television camera (CCTV) for monitoring and surveillance at the NAIA.
“Petitioner has lost faith and confidence in the Presiding Judge of this Honorable Court for his failure to act with urgency without justifiable grounds the prayer for TRO,” the inhibition petition said.
The petition warned that “if the respondents are allowed to further continue with their plan to undertake the CCTV project by Negotiated Procurement, they will render the government bidding laws and rules a big joke and all of the efforts of the petitioner in trying to comply in good faith with all the requirements made by the respondents will amount to nothing.”
It further warned that “if the respondents are not restrained, the implementation and conclusion of the Negotiated Procurement contract will result in the permanent and irrevocable loss of public funds, without the legal requirements and procedure necessary under the procurement law Republic Act 9184 having been observed.”
Enrico Quiambao, the joint venture’s legal counsel, earlier said in a statement he suspected graft in the rush to award the project to a favored contractor as part of the irregular practice of “pabaon” among government officials about to leave their post. Most officials of the MIAA are appointive and are co terminus with Pres. Aquino whose term expires in June.
