Hutchison Ports v.

SBMA
G.R. No. 131367, August 31, 2000

FACTS:

 In 1996, Hutchison Ports Philippines Limited (HPPL) won a public bidding made by
the Subic Bay Metropolitan Authority (SBMA).
 The project was to develop and operate a modern marine container terminal within
the Subic Bay Freeport Zone.
 The SBMA Board of Directors already declared HPPL as the winner but later on, the
Office of the President reversed the decision of the Board and ordered a rebidding.
 In the rebidding however, HPPL was no longer among the qualified bidders.
 Eventually, HPPL filed a petition for injunction to enjoin SBMA from conducting the
rebidding

ISSUE:

Whether or not Hutchison has the right to file an injunction case against SBMA.

HELD:

As a chartered institution, the SBMA is always under the direct control of the Office of the
President, particularly when contracts and/or projects undertaken by the SBMA entail
substantial amounts of money. The declaration made by the SBMA Board declaring HPPL as
the winning bidder was neither final nor unassailable. Under LOI No. 620, all projects
undertaken by the SBMA are subject to the approval of the Office of the President. Hence,
the Board of SBMA is under the control and supervision of the President of the Philippines.
Therefore, the declaration made by the Board did not vest any right in favor of HPPL.
Further, HPPL cannot sue in the Philippines. It is a foreign corporation registered under the
laws of the British Virgin Islands. It did not register here in the Philippines.