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PPA vs. NASIPIT [SEPARATE CONCURRING OPINION, PERLAS-BERNABE, J.]

PHILIPPINE PORTS AUTHORITY (PPA), REPRESENTED BY OSCAR M.SEVILLA, GENERAL MANAGER, BENJAMIN B. CECILIO, ASSISTANT MANAGER FOR OPERATIONS, AND SISALI B. ARAP, PORT MANAGER, PETITIONER, V. NASIPIT INTEGRATED ARRASTRE AND STEVEDORING SERVICES, INC. (NIASSI), REPRESENTED BY RAMON CALO, RESPONDENT.

G.R. No. 214864 | 2017-03-22

SEPARATE CONCURRING OPINION

PERLAS-BERNABE, J.:
 
I concur in the result, although express certain reservations on the ponencia's application of the law of the case doctrine to reach the intended conclusion.
 
I.
 
The facts[1] are as follows: petitioner Philippine Ports Authority (PPA) accepted bids for a ten (10)-year contract to operate as the sole cargo holder at the port of Nasipit, Agusan del Norte. Respondent Nasipit Integrated Arrastre and Stevedoring Services, Inc. (NIASSI) was proclaimed as the winning bidder. The second highest bidder filed a protest against the award to NIASSI. Despite the protest,...