THE Supreme Court has dissolved the writ of preliminary injunction issued by the Regional Trial Court of Quezon City enjoining the Department of Transportation and Communications from pursuing its P8.2-billion procurement of a new information technology solution for the Land Transportation Office , the component of which includes the supply and delivery of driver’s license cards.
In its September 28, 2012 ruling, the CA ordered the dissolution of the preliminary injunctions issued by Judge Afable Cajigal of QC RTC Branch 96, saying that the AMPI and RDMSI have “no clear legal rights” to request for an injunction. The LTO-BAC, however, deferred the procurement after then Secretary of Transportation and Communications Jose de Jesus ordered a comprehensive review of the project’s terms of reference as several issues were raised against the project.
The DOTC then issued a special order no. 2011-181 creating the DOTC Primary BAC and the Secondary BAC for all procurement of goods, infrastructure projects, consultancy services of the DOTC, whether locally or foreign-funded. “Without necessarily preempting the RTC’s ruling in the main case, this Court finds that petitioner’s right, for purposes of the preliminary injunction, is not clear and unmistakable. It is not a right in esse [actually existing]. At best, petitioner’s right was merely speculative,” the Court pointed out.