872 Phil. 205
INTING, J.:
Accordingly, without going to the merits of the case and to prevent the issues raised in the principal case from becoming moot and academic causing grave and irreparable damage or injury, in the meantime, this Court resolves to GRANT the application and issue a temporary restraining order for a period of twenty (20) days ENJOINING respondent DOH, its agents, assigns and all persons acting for and in its behalf from conducting a re-bidding or award to a third party of the subject Dr. Jose Fabella Hospital Infrastructure Project, or of any aspect thereof, or any other such acts as would render moot and academic the issues raised in the Amended and Supplemental Petition for Certiorari and Mandamus with prayer for issuance of Temporary and/or Preliminary Injunction or as would prejudice the rights of the Petitioner.Hence, petitioners filed the petition, docketed as G.R. No. 212894, alleging that respondent judge committed grave abuse of discretion amounting to lack or in excess of jurisdiction when he issued the TRO in favor of respondent JDLC in violation of Republic Act No. (RA) 8975,[17] which bans lower courts from issuing TRO against National Government Infrastructure Projects.
In the meantime, respondent is hereby directed to show cause on July 11, 2014 at 8:30 a.m. why the issuance of the writ of preliminary injunction should not be granted.
SO ORDERED.[16]
WHEREFORE, premises considered, the prayer for the issuance of a writ of preliminary injunction is GRANTED upon posting of an injunctive bond in the amount of Two Million Pesos (P2,000,000.00), that will answer for all damages which respondents may sustain by reason of an injunction (and temporary restraining order earlier issued), if the court should finally decide that the applicant is not entitled thereto. Upon approval of the requisite bond, let a writ of preliminary [injunction] be issued.A Writ of Preliminary Injunction[19] was issued on August 18, 2014.
SO ORDERED.[18]
WHEREFORE, premises considered, judgment is hereby rendered:Aggrieved, petitioners filed a Petition for Review on Certiorari, docketed as G.R. No. 213889. In G.R. No. 213889, petitioners insisted that their right to due process was violated when respondent judge failed to conduct hearing of the main case before issuing the subject TRO. JDLC filed its Comment/Opposition dated September 12, 2014,[21] December 22, 2014,[22] and December 22, 2014,[23] respectively, praying for the dismissal of the petitions. On February 17, 2015, petitioners filed a Reply[24] to respondent JDLC's Comment/Opposition to the Petition for Review on Certiorari in G.R. No. 213889.Let this judgment be served personally upon Respondents pursuant to Section 9, Rule 65 of the Rules of Court.
- GRANTING the writ of certiorari in favor [of the] petitioner to correct and reverse the cancellation of the procurement process of the Design and Build of Dr. Jose Fabella [Memorial) Hospital Infrastructure Project, under ITB No. 2013-215, ANNULLING thereby all consequences of such cancellation including the re-bidding of the Design and Construction Management aspect of the Dr. Jose Fabella [Memorial] Hospital Infrastructure Project, under Solicitation No. 2014-12, and the consequences thereof;
- GRANTING the writ of mandamus in favor of petitioner, ordering respondents to immediately and without further delay, issue the Notice of Award to petitioner for the Dr. Jose Fabella [Memorial] Hospital Infrastructure Project of which it has been declared the Lowest Calculated and Responsive Bidder within seven (7) days from receipt of Writ of Mandamus in accordance with the maximum period provided for the issuance of a Notice of Award under Annex "C" of the IRR of RA 9184, and execute all necessary succeeding procedures consequent to the issuance of such Notice of Award within the maximum period provided by RA 9184 and its IRR;
- AWARDING the contract to petitioner as the Lowest Calculated and Responsive Bidder for the Dr. Jose Fabella [Memorial] Hospital Infrastructure Project;
SO ORDERED.[20]
2. As stated in its motions for extension of time, the OSG wrote to the Secretary of Health to request for the required information.On the other hand, respondent JDLC submitted its Compliance[31] dated March 20, 2017 and informed the Court that on January 23, 2015, the DOH issued a Notice to Proceed (NTP) with the project and that on May 31, 2015, respondent JDLC commenced works on the Project pursuant to the NTP, thus:
3. In a letter-reply dated March 8, 2017, the Director IV, Legal Service, DOH, Atty. Romela D. Devera, informed the OSG that:As far as this Office is concerned, there has been no significant circumstance or incident that ensued from the time of the issuance of COBAC Resolution No. 2014-027-A dated October 10, 2014, awarding the Design and Build of Infrastructure Project for Dr. Jose Fabella Memorial Hospital in favor of J.D. Legaspi Construction and from the filing of Compliance with Manifestation on October 13, 2014.
At present, after J.D. Legaspi Construction has finalized the planning and its design, the construction of the Dr. Jose Fabella Memorial Hospital is now in progress.[30]
1. On 23 January 2015, Petitioner DOH issued the Notice to Proceed (NTP) to herein respondent JDLC for the project 'Procurement of the Design and Build of Infrastructure Project for Dr. Jose Fabella Memorial Hospital (DJFMH) Transfer and Redevelopment (Phase 1) – Rebid under IB No. 2013-215' (the Project), signed by then Secretary of Health Janette Loreto Garin, MD, MBA-H. Respondent commenced works on the Project pursuant to the NTP on 31 May 2015.In the Resolution[33] dated July 19, 2017, the Court noted the parties' respective Compliances.1.1 Since the issuance of the NTP, respondent has been diligently working on the Project with the full cooperation of the end user. To date, respondent has an estimated accomplishment of around 70%, taking into account recently completed works, ongoing works and materials on site. Barring factors beyond the control of the respondent, the project shall be completed on schedule.2. On 16 November 2015, the Government Procurement Policy Board issued GPPB Resolution No. 30-2015 approving the DOH's request to resort to Negotiated Procurement to award Phase II of the DJFMH Transfer and Redevelopment to respondent JDLC under Section 53.4 of the Revised IRR of R.A. 9184. Thereafter, on 29 December 2015, respondent JDLC was awarded and issued the corresponding Notice to Proceed for the Phase II of the Project in the total contract amount of Seven Hundred Thirteen Million Eight Hundred Sixty Eight Thousand Five Hundred Fifty Pesos and 65/100 (PhP713,868,550.65). Phase II consists of the construction of the second to sixth floors of the same hospital and is being simultaneously implemented with and on top of the Project subject of the instant petitions.
1.2 The budget for the Project was not reverted and had instead been allotted and is being successfully utilized by petitioner DOH. In fact, on 24 February 2017, respondent JDLC's 5th Progress Billing had been indorsed to the Finance Management Services of the DOH for payment in the amount of Eighty Three Million Seven Hundred Ninety Three Thousand Eight Hundred Seventy Three Pesos and 43/100 (PhP83,793,873.43) for accomplishment as of 31 December 2016.2.1 It must be noted that the award of Phase II to herein respondent is in effect a recognition of the respondent's eligibility and qualification for the Project thereby disproving the petitioners' false claim of ineligibility. The procurement rules explicitly require adjacent projects to be within the contracting capacity of the contractor to whom such will be awarded. Respondent submits that the subsequent award of Phase II completely negates the former Health Secretary's erroneous claims and has thereby rendered the petitions moot.[32]
1. Notice to Proceed issued by petitioner DOH in favor of respondent JDLC on January 23, 2015 giving the latter the green light to commence the Infrastructure Project;In Prof David v. Pres. Macapagal-Arroyo[34] (David), the Court defined a moot and academic case in this wise:
2. Commencement of works by petitioner JDLC of the first phase of the Project on May 31, 2015;
3. 70% estimated accomplishment by respondent JDLC of the Project; and
4. Notice to Proceed issued by petitioner DOH in favor of respondent JDLC to commence the Phase II of the Project in the total contract amount of P713,868,550.65.
A moot and academic case is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical use or value. Generally, courts decline jurisdiction over such case or dismiss it on ground of mootness.[35]Although the Court recognized in David[36] that there are instances[37] wherein the Court can decide the merit of moot and academic cases, none of the exceptions are present in the instant petitions.