G.R. No.

211737 January 29, 2016

SERGIO R. OSMENA III, Petitioner,

vs

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS SECRETARY JOSEPH EMILIO

A. ABAYA, MACTAN-CEBU INTERNATIONAL AIRPORT AUTHORITY (MCIAA), THE PRE-
QUALIFICATION, BIDS AND AWARDS COMMITTEE (PBAC) FOR THE MACTAN-CEBU
INTERNATIONAL AIRPORT PROJECT THROUGH ITS CHAIRMAN, UNDERSECRETARY JOSE
PERPETUO M. LOTILLA, GMR INFRASTRUCTURE, LTD. AND MEGA WIDE CONSTRUCTION
CORPORATION, Respondents

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G.R. No. 214756 January 13, 2016

BUSINESS FOR PROGRESS MOVEMENT as represented by MEDARDO C. DEACOSTA, JR.,

Petitioner,

vs

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, GMRMEGA WIDE CEBU

AIRPORT CORPORATION, respondents

VILLARAMA, JR., J.:

Facts:

The MCIA Project consists of the construction of a new passenger terminal. On

2012, PBAC sets a criteria for the Pre-qualification, Bids and Awards Committee
(PBAC) to pre-qualify and bid for the MCIA Project. The DOTC and Mactan-Cebu
International Airport Authority (MCIAA) issued the Instructions to Prospective
Bidders (ITPB) (7 prospective bidders). On 2014, PBAC issued a Resolution
recommending GMR-Megawide Consortium as the winning bidder for the MCIA
Project. On the same day, Senator Sergio R. Osmenia III filed a petition for certiorari
and prohibition with application for temporary restraining order and/or writ of
preliminary injunction (G.R. No. 211737) praying that this Court (a) immediately issue an order
restraining the public respondents from further acting on the bid of private respondents; (b) issue an order enjoining
public respondents, their agents, representatives or assigns from issuing a Notice of A ward and executing a
Concession Agreement for the MCIA Project for private respondents; and ( c) give due course to his petition, and after
due proceedings to render judgment declaring private respondents as unqualified bidder and making the injunction
permanent. DOTC and MCIAA issued the Notice of Award to GMR-Megawide
Consortium. Petitioner Osmenia III, again, filed a Supplemental Petition for injunctive
reliefs and restrain the implementation of Award and render judgment declaring the
same as null and void. A petition for injunction was filed by Business for Progress
Movement (BPM) (G.R. No. 214756) restrain the turn-over of the operation and
maintenance of the MCIA to GMR-Megawide Consortium. DOTC turned over to GMR-
Megawide Consortium the operation and maintenance of the MCIA.
Issue/s

1. Whether or not there is a Grave Abuse of Discretion in PBAC's Determination that

GMR-Megawide Consortium was a Qualified Bidder.

2. Whether the increased terminal fees imposed by the winning bidder, GMCAC, is legal;

3. Whether petitioners are entitled to injunctive relief.

Held:

1. No. Public respondents thus committed no grave abuse of discretion in determining that
GMR has complied with the technical qualifications insofar as the absence of
Unsatisfactory Performance Record is concerned.

2. Yes. On the legality of the increased terminal fees imposed by GMCAC, this is based on
the right granted under the Concession Agreement to collect such fees. For this kind of
BOT projects, the law expressly provides that the project proponent operates the facility
over a fixed term during which it is allowed to charge facility users appropriate tolls, fees,
rentals and charges not exceeding those proposed in its bid or as negotiated and
incorporated in the contract to enable the project proponent to recover its investment and
operating and maintenance expenses in the project.

3. No. Petitioners failed to establish such actual right that needs to be protected by
injunctive relief. 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 for the MCIA Project must stand.

WHEREFORE, the petition in G.R. No. 211737 is hereby DISMISSED for lack of merit.
The petition in G.R. No. 214756 is DENIED for lack of sufficient legal and factual
bases.