CONCERNED OFFICIALS OF THE METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM (MWSS), vs. HON. OMBUDSMAN CONRADO M. VASQUEZ AND MEMBERS OF THE PHILIPPINE LARGE DIAMETER PRESSURE PIPE MANUFACTURERS ASSOCIATION (PLDPPMA) .
- G.R. Number: G.R. No. 109113
- Promulgated: 1995-01-25
- Ponente: Vitug, J.
Doctrine
The Ombudsman was created by the 1987 Constitution with broad investigative authority to insulate investigations of public officers from official pressure and influence (¶149).
Under P.D. No. 1594, the PBAC is responsible for prequalification, bidding, evaluation of bids, and recommending award of contracts (¶169).
Bid evaluation must determine whether bids are substantially responsive, offer the lowest evaluated bid, and whether the bidder has capacity and resources to effectively perform the contract; evaluation outcomes aim to protect the procuring entity's interests (¶170).
Facts
The Ombudsman, by its 19 October 1992 Order, directed the MWSS Board of Trustees to set aside PBAC-CSTE's recommendation awarding Contract No. APM-01 to a bidder offering fiberglass pipes and to instead award the contract to a complying and responsive bidder; its denial of reconsideration was dated 01 March 1993 (¶4).
Concerned Officials of MWSS, led by former Administrator Teofilo I. Asuncion, filed this petition for certiorari seeking annulment of the two Ombudsman orders and prayed for preliminary injunction or restraining order (¶5).
The MWSS bidding of 31 March 1992 included PBAC members, a COA representative, eleven prequalified contractors, and public observers; PBAC was tasked under P.D. No. 1594 to conduct prequalification, bidding, evaluation and recommend awards (¶169).
Factual concerns included: Addendum No. 6 possibly favoring a fiberglass manufacturer by limiting acceptable joints (¶158); uncertainty over whether would-be fiberglass manufacturers had operational plants (¶164); the Ombudsman's inquiry focused on technical specifications, MWSS technical expertise, and contractors' experience (¶166).
Issues
Whether the rudiments of due process were properly observed in the issuance of the Ombudsman's 19 October 1992 and 01 March 1993 orders.
Whether the Ombudsman has jurisdiction to take cognizance of PLDPPMA's complaint and to issue orders directing the MWSS Board to set aside PBAC-CSTE's recommendation.
Ruling
The Court grouped petitioners' alleged errors under the two principal issues of due process and jurisdiction and proceeded to examine the bid proceedings and Ombudsman investigation; conclusions were presented by the Court (see ¶97, ¶170).
The provided paragraphs summarize the Court's inquiries and conclusions' presentation but do not include the final disposition or explicit answers to the issues in the excerpts supplied.