Only SC can halt major infra projects – DOTC

MANILA, Philippines - The Department of Transportation and Communications (DOTC) said only the Supreme Court could stop the agency from pursuing major infrastructure projects, including those under the Aquino administration’s public-private partnership (PPP) scheme.

Transportation Secretary Joseph Emilio Abaya told The STAR that only the High Tribunal could issue a Temporary Restraining Order (TRO) or a Writ of Preliminary Injunction on infrastructure projects.

 â€œThere is a rule that only the SC can issue a TRO against an infrastructure project,” Abaya said in a text message.

The DOTC chief was referring to Republic Act 8975 or An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure by prohibiting lower courts from issuing TROs, preliminary injunctions, or preliminary mandatory injunctions, and providing penalties for violations.

Section 3 of the law states that “no court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private, acting under the government direction, to restrain, prohibit or compel several actions.”

These actions include the acquisition, clearance and development of the right-of-way and/or site or location of any national government project; the bidding or awarding of contract/project of the national government; commencement, prosecution, execution, implementation, (or)operation of any such contract or project; termination or rescission of any such contract/project; and the undertaking or authorization of any other lawful activity necessary for such contract/project.

Abaya issued the statement after a certain Danilo Cruz of Hagonoy, Bulacan sought the immediate issuance of a temporary order or a writ of preliminary injunction preventing the DOTC- bids and awards committee (BAC) from bidding out the P17.5 billion Mactan Cebu International Airport passenger terminal project.

Cruz questioned one-on-one meetings held by the agency’s BAC with the seven prequalified bidders.

The prequalified bidders include AAA Airport Partners led by conglomerate Ayala Corp. and Cebu-based Aboitiz Equity Ventures together with Houston airport operator ADC&HAS; Filinvest-CAI Consortium of taipan Andrew Gotianun together with Singapore’s Changi Airport; Lopez-led First Philippine Airports together with New Zealand’s Infratil Asia Limited.

Other groups include the GMR Infrastructure and Megawide Consortium that includes India’s Delhi Airport; MPIC-JGS Airport Consortium composed of the tandem of infrastructure conglomerate Metro Pacific Investments Corp. and JG Summit Holdings of tycoon John L. Gokongwei Jr. together with Aeroports de Lyon of France; SM-led Premier Airport Group of retail magnate Henry Sy together with Switzerland’s Zurich Airport operators; and San Miguel-Incheon Airport Consortium of diversified conglomerate San Miguel Corp. and the operator of South Korea’s Incheon Airport.

DOTC undersecretary Jose Perpetuo Lotilla said in a text message to The STAR that complainant is entitled to his own opinion, but stressed that the agency’s BAC has adhered to all the provisions of the law.

“The taxpayer is entitled to his views of course. However, the DOTC adheres to the provisions of the law and has done so with respect to all its actions and processes,” said Lotilla, who chairs the agency’s BAC.

The project would modernize the country’s second-largest aviation hub and the gateway to the Visayas with the construction of a new world-class international passenger terminal building with a capacity of eight million passengers.

The existing terminal building that has been operating at over-capacity with 6.7 million passengers going through the 4.5-million passenger capacity structure would also be renovated.