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Suplico vs. NEDA [SEPARATE OPINION, DISSENTING, CARPIO, J.]

ROLEX SUPLICO, Petitioner, versus NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY, represented by NEDA SECRETARY ROMULO L. NERI, and the NEDA-INVESTMENT COORDINATION COMMITTEE, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), represented by DOTC SECRETARY LEANDRO MENDOZA, including the COMMISSION ON INFORMATION AND COMMUNICATIONS TECHNOLOGY, headed by its Chairman, RAMON P. SALES, THE TELECOMMUNICATIONS OFFICE, BIDS AND AWARDS FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT), headed by DOTC ASSISTANT SECRETARY ELMER A. SONEJA as Chairman, and the TECHNICAL WORKING GROUP FOR ICT, AND DOTC ASSISTANT SECRETARY LORENZO FORMOSO, AND ALL OTHER OPERATING UNITS OF THE DOTC FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY, and ZTE CORPORATION, AMSTERDAM HOLDINGS, INC., AND ALL PERSONS ACTING IN THEIR BEHALF, Respondents.

G.R. No. 178830 | 2008-07-14

DISSENTING OPINION
 
CARPIO, J.:

I dissent on the ground that the ZTE Supply Contract is void from the beginning for being contrary to the Constitution, the Administrative Code of 1987, the Government Auditing Code of the Philippines, and the Government Procurement Reform Act.  As such, the ZTE Supply Contract is legally non-existent.  The Philippine Government's decision "not to continue with the ZTE National Broadband Network Project"[1] during the pendency of this case, even if deemed a cancellation of the ZTE Supply Contract, had no legal effect on the status of the contract, and did not moot...