contract entered into by the Government and Zhing Xing Telecommunications Equipment(ZTE) of the People’sRepublic of China for the National Broadband Network (NBN) Project. The Senateinvestigation was promptedby allegations of bribery, corruption, and overpricing in the said project.
GR No. 169914,
AEDC v. DOTC
; GR No. 174166,
, April 18, 2008, Chico-Nazario,
Citing its previous rulings in
Agan, Jr. v. Philippine International Air Terminals Co., Inc.(PIATCO)
, the Court, among others, dismissed for lack of merit the petition for
of Asia’s Emerging Dragon Corporation (AEDC), laying claim to the Ninoy AquinoInternational Airport International Passenger Terminal III (NAIA IPT III) Project. The Courtnoted, among others, that per the narration of facts in
, AEDC had failed to match themore advantageous proposal by the winning bidder PIATCO within the required period. Thusthe nullification of the award to PIATCO did not revive the proposal of AEDC nor re-open thebidding.
GR No. 167011,
Spouses Romualdez v. Comelec
, April 30,2008, Chico-Nazario,
By a vote of 9 to 6, the Court declared that sec. 45 (j) of RA 8189, the
Voter’s Registration Act of 1996
, providingthat violation of any of the provisions of RA 8189 shall be considered an election offense, isnot void forvagueness.
GR No. 178830,
Suplico v. NEDA
; GR No. 179317,
Amsterdam Holdings, Inc. v. DOTC
; GR No. 179613,
Angeles v. DOTC
, July 14, 2008, Reyes
Voting 12-3, the Supreme Court dismissed three petitions challenging the constitutionality of the ZTE-NationalBroadband Network Project for mootness, noting that President Arroyo had already informedChina’s PresidentHu Jintao that the Philippine Government had decided not to continue with the project.
GR No. 170516,
Akbayan v. Aquino
, July 16, 2008, CarpioMorales,
In a 10-4 decision, the Court upheld as covered by the executive privilege on diplomaticcommunicationsthe offers made by both the Philippine and Japanese governments during the negotiations of the Japan-Philippines Economic Partnership Agreements (JPEPA).
GR No. 177597,
Sema v. Comelec
and GR No. 178628,
Marquez v. Comelec,
July 16, 2008, Carpio,
Voting 8-6, the Supreme Court held that only Congress can create provinces and citiesbecause the creation of suchnecessarily includes the creation of legislative districts and that Congress exercises thesepowers through a law that the Congress itself enacts and not through a law that a regionalor local legislative body enacts. It thus declared unconstitutional the grant to the RegionalAssembly of the Autonomous Region in Muslim Mindanao (ARMM) of the power to createprovinces and cities by Congress under RA 9054. Consequently the Court voided MuslimMindanao Autonomy (MMA) Act No. 201 passed by the aforesaid Regional Assembly creatingthe Province of Shariff Kabunsuan out of certain municipalities in the First District of theProvince of Maguindanao.