MANILA, Philippines – The Supreme Court (SC) has denied petitions to stop the Department of Transportation and Communications (DOTC) from awarding the Mactan- Cebu International Airport project to GMR Infrastructure Ltd. and Megawide Construction Corp.
In a 39-page decision released on Friday, the SC Third Division said there was “no patent error or arbitrariness” in the DOTC decision.
“There being no violation of any law, regulation or the bidding rules, nor any arbitrariness or unfairness committed by public respondents, the presumption of regularity of the bidding…must stand,” the SC said.
The decision, penned by Justice Martin Villarama Jr., was promulgated on Jan. 13.
The SC said the bidding for the project was ”fair, reasonable and practical.”
The high court also cited the sworn certifications submitted by GMR and MCC “which indicate compliance with the rules on conflict of interest.”
“It is well-settled in jurisprudence that the government is granted broad discretion in choosing who among the bidders can offer the most advantageous terms… Courts will not interfere… except when in the exercise of its authority, it gravely abuses or exceeds its jurisdiction or otherwise commits injustice, unfairness, arbitrariness or fraudulent acts,” the high court said.
The project includes the construction of a new passenger terminal, rehabilitation and expansion of the existing terminal and operation and maintenance of the terminals during the concession period.