The Supreme Court (SC) has denied the plea of the private operators of MRT-3 for the issuance of an injunction to enjoin the DOTr from procuring 48 new light-rail vehicles (LRVs) for MRT-3 from another supplier amounting to P3.76 billion.
The Supreme Court has denied the plea of the private operators of MRT-3 for the issuance of an injunction to enjoin the Department of Transportation from procuring 48 new light-rail vehicles for MRT-3 from another supplier amounting to P3.76 billion.
The petitioners also insisted that the non-issuance of injunction will cause MRTC, MRTH II and the riding public grave and irreparable injury and that DOTr’s actions are tantamount to a deprivation of property without due process of law. The said law enjoins all courts, except the SC, from issuing any temporary restraining order, preliminary injunction, or preliminary mandatory injunction against the government, or any of its agencies and officials to restrain or compel the bidding or awarding of a contract or project of the national government to avoid unnecessary increase in construction costs and to allow the public to enjoy soonest the benefits of national government projects.
“Neither have petitioners proved that MRTC stands to suffer some grave and irreparable injury. While the Court understands petitioners’ concerns, there is still no basis for the issuance of a WPI because, as explained by the CA, it can be compensable through the award of damages. As the damages alleged by them can be quantified, it cannot be considered as ‘grave and irreparable injury’ as understood in law,” the SC explained.
The arbitration is set to thresh out the conflict on whether MRT’s private owners can still invoke their right of first refusal to prevent the government from entering into a third-party supply contract with Dalian.
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