| SC junks petition seeking to void NBN-ZTE deal |
| Written by staff | |
| Monday, 14 July 2008 15:55 | |
|
In an 18-page resolution penned by Associate Justice Ruben Reyes, the high court said there is no more controversy surrounding the contract since it was already cancelled by President Arroyo. The resolution added that the SC cannot decide on Suplico's assertions in his petition that the contract is against the government procurement law. It said that by doing so, the high court would have settled factual issues, which the SC does not do because it is not a "trier of facts." Aside from dismissing the Suplico petition, the SC also removed the temporary restraining order issued against the ZTE-NBN contract issued on Sept. 11, 2007. The high court voted 12-3, with Associate Justices Antonio Carpio, Alice Austria Martinez and Conchita Carpio Morales dissenting. In his 31-page dissenting opinion, Carpio said the contract should still be declared null and void because the errors in the contract could be repeated in the future. In response to the SC decision, Press Secretary Jesus Dureza urged Suplico to accept the decision of the high court. "The Supreme court is the final arbiter. All issues brought before it for adjudication are ruled upon with finality. It is the court of last resort. Everyone, most especially Vice-Governor Rolex Suplico must perforce submit to it. In the meantime, it is best that we wait for the ruling to become final and executory," he said. For its part, the anti-Arroyo group, Black and White Movement said it would like to first see whether the NBN-ZTE contract has indeed been cancelled. "Can the public be showh the written document that the SC used to say it was cancelled? As far as we know, the cancellation was verbal. We need to see it in black and white," said Leah Navarro, a spokesman of the movement
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