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Information Technology Foundation of the Philippines vs Comelec [SEPARATE OPINION, DAVIDE, JR.]

INFORMATION TECHNOLOGY FOUNDATION OF THE PHILIPPINES, MA. CORAZON M. AKOL, MIGUEL UY, EDUARDO H. LOPEZ, AUGUSTO C. LAGMAN, REX C. DRILON, MIGUEL HILADO, LEY SALCEDO, and MANUEL ALCUAZ JR., petitioners, vs. COMMISSION ON ELECTIONS; COMELEC CHAIRMAN BENJAMIN ABALOS SR.; COMELEC BIDDING and AWARD COMMITTEE CHAIRMAN EDUARDO D. MEJOS and MEMBERS GIDEON DE GUZMAN, JOSE F. BALBUENA, LAMBERTO P. LLAMAS, and BARTOLOME SINOCRUZ JR.; MEGA PACIFIC eSOLUTIONS, INC.; and MEGA PACIFIC CONSORTIUM, respondents.

G.R. No. 159139 | 2004-01-13

SEPARATE OPINION

DAVIDE, JR., C.J.:


I join Mr. Justice Jose C. Vitug in his separate opinion and strongly recommend, for the reasons therein stated, that this case be DISMISSED.

Let me further add other compelling reasons which strengthen my view that this case should be dismissed.

The Court did not issue a Temporary Restraining Order in this case. This showed an initial finding that on its face the allegations in the petition were insufficient to justify or warrant the grant of a temporary restraining order. In the meantime then the parties were not barred from performing their respective obligations under the contract. As of today, the...