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SM LAND, INC., PETITIONER, VS. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, RESPONDENTS. [DISSENTING OPINION LEONEN, J.]

SM LAND, INC., PETITIONER, VS. BASES CONVERSION AND DEVELOPMENT AUTHORITY AND ARNEL PACIANO D. CASANOVA, ESQ., IN HIS OFFICIAL CAPACITY AS PRESIDENT AND CEO OF BCDA, RESPONDENTS. [DISSENTING OPINION LEONEN, J.]

G.R. No. 203655 | 2015-03-18

 
 
DISSENTING OPINION
 
 
LEONEN, J.:
 
I dissent.
 
There was no valid agreement that gave petitioner SM Land, Inc. (petitioner SMLI) a right to a completed competitive challenge.  Respondent Bases Conversion and Development Authority (respondent BCDA) did not and may not give consent to any provision that limits the process for selecting respondent BCDA’s joint venture partner to competitive challenge especially when it was shown that such process would be against public interest.
 
The Certificate of Successful Negotiation[1] and the Terms of Reference[2] do not show a clear meeting of the minds to...