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| SC Junks Bid to Operate NAIA 3 |
| Thursday, 08 May 2008 23:22 | ||||||
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In a 62-page decision penned by Associate Justice Minita V. Chico-Nazario, the SC en banc said AEDC’s assertion of being the original proponent of the NAIA-IPT 3, that it has the right to the award of the project, is “substantially and procedurally flawed.” “The rights or privileges of an original proponent of an unsolicited proposal for an infrastructure project are never meant to be absolute. Otherwise, the original proponent can hold the government hostage and secure the award of the infrastructure project based solely on the fact that it was the first to submit a proposal,” the SC said. An unsolicited proposal, the Court added, is still subject to evaluation, which the government agency or local government unit (LGU) concerned may accept or reject outright. The decision further noted that the rights of an original proponent depends on compliance with the procedure and conditions provided by the statutes and their Implementing Rules and Regulations (IRR). Under Section 10.6 of Republic Act 6957, as amended by RA 7718 (an act authorizing the financing, construction, operation and maintenance of infrastructure projects by the private sector), the acceptance of the unsolicited proposal by the agency or local government unit is limited to the commitment of the agency to pursue the project and recognition of the proponent as the original proponent. It further held that before the project could be awarded to the original proponent, he must have been able to match the lowest or most advantageous proposal within the prescribed period. The Court, however, said AEDC failed to match the more advantageous proposal submitted by PIATCO at the time the 30-day working period expired on November 28, 1996. Without exercising its right to match the advantageous proposal, it cannot claim award of the project.
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