SC grants BOC’s petition for TRO vs bidder in computerization deal

by Joel R. San Juan | January 6, 2016

THE Supreme Court (SC) has issued a temporary restraining order (TRO) enjoining the Regional Trial Court (RTC) in Manila from implementing its order that stopped the Bureau of Customs (BOC) from canceling the award of the P650-million joint-venture deal with Omniprime Marketing Inc. and Intrasoft International Inc. for the implementation of the Philippine National Single Window 2 project.

In a two-page resolution, the Court’s Second Division chaired by Associate Justice Antonio Carpio, said the TRO will take effect immediately.

“After deliberating on the petition for certiorari with prayer for the issuance of a temporary restraining order assailing the Omnibus Order dated August 24, 2015, of the Regional Trial Court, Branch 47, Manila…which, among others, granted herein respondents’ application for the issuance of a writ of preliminary injunction and the issuance of an injunctive writ…, the Court, without necessarily giving due course thereto…hereby issues a temporary restraining order, effective immediately and continuing until further orders from this Court, enjoining and restraining the respondents, the RTC Branch 47, Manila, their representatives, agents or other persons acting on their behalf from enforcing and implementing the assailed Omnibus Order dated August 24, 2015,” the resolution stated.

The Court also directed respondent Omniprime and Intrasoft to comment on the petition filed by the BOC and the Department of Budget and Management (DBM) within 10 days.

The case reached the High Tribunal after Customs Commissioner Alberto D.  Lina and DBM Procurement Service Executive Director Jose Tomas Syquia filed the petition assailing the injunction issued by the trial court.

The injunction enjoined Lina and Syquia from implementing the former’s  May 6, 2015 letter aborting the competitive bidding for the computerization program and the May 7, 2015 cancellation issued by Syquia.

The trial court also directed the BOC and the DBM to continue with the remaining procurement  process of signing the contract, and to issue to Omniprime the notice to proceed with the project.

It also enjoins the respondents from conducting another bidding to replace the present Customs systems which is the focal point of the case.

“[The] petitioner’s right to be awarded with the project is already clear and present, were it not for the cancellation and with absence of the grounds provided for by law,” the order further stated.

The trial court found merit in Omniprime’s petition for injunctive relief as its rights as a bidder “appear, from the evidence presented” by both parties, to have been “unduly and unfairly violated” by the sudden cancellation of the procurement process for  the PNSW 2 project, which is part of Customs’ modern integrated enhanced customs processing system (IECPS).

Omniprime sought redress before the trial court to stop Lina’s decision to cancel the contract which it said has been successfully bidded out by the DBM.

Laywer Harry Roque, counsel for Omniprime, claimed that “one of the five losing bidders in the project, E-Konek, is a company where Lina has a 96.48 percent stake.”

Annabelle Margaroli, president of mobile IT solutions provider Omni Prime Marketing Inc., also lodged a plunder complaint against Lina, former Customs Commissioner Guillermo Parayno Jr. and former deputy commissioner Primo Aguas for alleged conflict of interest for arbitrarily voiding the contract which had been approved during the term of former Customs commissioner John Sevilla.

The IECPS is composed of two consolidated computer programs necessary for the Asean integration.

The integrated system, along with a national single window (NSW), is seen as the long-sought after solution to address smuggling in the Philippines.

It establishes a central database system that tracks in real time all customs procedures nationwide. It aims to be a fully electronic, paperless and human contact-free system of recording and monitoring of Customs transactions.

The NSW consolidates services from all government agencies involved in Customs procedures using international standards.

Asean member-states have agreed on a common window system to fast-track cargo clearance as they move towards regional integration.

The system complies to international open communication standards while ensuring that each of the member- countries can exchange data securely and reliably with any trading partners that use international open standards.

“The Bureau of Customs welcomes the decision of the Supreme Court and we are hopeful that the final resolution on the case would be in favor of the bureau to ensure the progress of the reforms that we are working on,” the BOC said.

Source: www.businessmirror.com.ph