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Information Technology Foundation of the Philippines vs Comelec [DISSENTING OPINION, TINGA, J.]

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

DISSENTING OPINION

TINGA, J.:

Prologue

Once again, the Court availing of its extraordinary powers or so-called "certiorari" jurisdiction has struck down a government contract, sealed no less by the respondent Commission on Elections (COMELEC) in the exercise of its administrative powers granted by the Constitution in relation to the conduct of elections. Apparently, the Court has opted to trudge the trail it blazed recently in the Amari[1] and PIATCO[2] cases. Amari voided the Manila Bay reclamation project on constitutional grounds[3] and PIATCO struck down the NAIA Terminal III contract for violations of the Constitution[4] and some other...