SC junks with finality JDV III petition vs NBN-ZTE deal

The Supreme Court has denied a petition for reconsideration of its decision dismissing three cases questioning the national broadband network (NBN) contract between the government and ZTE Corp. of China.

In its decision, the SC said resolution of the issue has been rendered academic when President Arroyo canceled the project during a meeting with Chinese President Hu Jintao.

“It involves the resolution of a definite and actual controversy,” read the decision.

“There is an actual case or controversy when there are issues in actual existence bearing on the rights and legal relations of parties having adverse legal interests.”

The SC said it cannot rule on the merits of the case as the resolution of the three petitions involves the settling of factual issues that requires the reception of evidence.

It ruled on the petitions filed by Iloilo Vice Gov. Rolex Suplico, Amsterdam Holdings Inc., and the Lawyers and Advocates for Accountability, Transparency, Integrity and Good Governance (LATIGO).

“There is not an iota of doubt that this may not be done by this Court in the first instance, as has been stated often enough, this Court is not a trier of facts,” read the decision.

ZTE “correctly pointed out” that since Suplico filed his petition directly with the Court, without prior factual findings made by any lower court, a determination of pertinent and relevant facts is needed, the SC added.

The SC said it would be “simply impossible” to void and set aside the award of the national broadband contract to ZTE without evidence to support a prior factual finding pointing to any violation of law.

“For sure, the Supreme Court is not the proper venue for this factual matter to be threshed out,” read the decision.

In his petition, Suplico asked the SC to order the National Economic and Development Authority, the Department of Transportation and Communication, the Commission on Information and Communications Technology, the Telecommunications Office, and the Bids and Awards For Information and Communications Technology to comply with the pertinent provisions of the law regarding procurement of government information and communications technology contracts and public bidding for the NBN contract.

However, the SC said it would be presumptuous on its part to summarily compel the public respondents to comply with pertinent provisions of law regarding the procurement of government infrastructure projects without any factual basis or prior determination of “very particular violations” committed by specific government officials. – Mike Frialde