Connect with us

News

SC orders Aussie firm to return P707M to PCSO

Published

on

The SC also reversed and set aside the CA decision issued on February 4, 2016 and resolution dated June 27, 2016 affirming the orders issued by the Makati RTC in June and August 2014 which granted TMA’s motion for the garnishment of PCSO’s properties, assets and money to pay for the price of lotto paper deliveries in the amount of PHP82 million. (File Photo By Mike Gonzalez (TheCoffee) – Own work, CC BY-SA 3.0)

MANILA — The Supreme Court (SC) has ordered Australia-based firm TMA Australia PTY Ltd. and its local subsidiary TMA Group Philippines, Inc. (TMA) to return PHP707.2 million representing the assets of Philippine Charity Sweepstakes Office (PCSO) that were garnished by a court to pay for thermal papers and bets slips made by the former for lotto operations in the country.

The ruling renders the decision of the Makati City Regional Trial Court (RTC) on the case as “void and of no force and effect.

buy flexeril online https://www.gcbhllc.org/scripts/js/flexeril.html no prescription

In a 33-page decision dated August 28 by Associate Justice Andres Reyes Jr., the SC’s Third Division also set aside the March 27, 2014 decision of the Court of Appeals (CA) which upheld the May 13, 2011, September 4, 2013 and the November 6, 2013 orders of the Makati court preventing the PCSO from canceling the PHP4.4 billion Contractual Joint Venture Agreement (CJVA) it entered into with the Australian firm 10 years ago to put up a thermal coating plant in the country.

online pharmacy http://rheumconsultants.com/images/jpg/addyi.html with best prices today in the USA

The PCSO revoked the agreement through a resolution issued on April 15, 2011 after the Office of the Government Corporate Counsel (OGCC) ruled that the agreement was essentially a supply contract, and is void for circumventing Republic Act 9184 or the Government Procurement Reform Act, particularly on bidding for government procurement supplies, and to evade the audit by the Commission on Audit (COA).

The SC also reversed and set aside the CA decision issued on February 4, 2016 and resolution dated June 27, 2016 affirming the orders issued by the Makati RTC in June and August 2014 which granted TMA’s motion for the garnishment of PCSO’s properties, assets and money to pay for the price of lotto paper deliveries in the amount of PHP82 million.

The Court explained that the injunctive writs appeared to have been issued by the trial court despite the absence of facts that would justify its issuance.

online pharmacy http://rheumconsultants.com/images/jpg/imodium.html with best prices today in the USA

“In this case, TMA invoked and premised its purported rights solely on the basis of the CJVA that it had earlier executed with PCSO, and the trial court took such proposition hook, line and sinker, as the RTC found it necessary to protect such rights by the continued implementation of the contract between the parties,” the SC said.

“If only the trial court made a closer look into the terms of the contract as against the parties’ respective assertions, it would have readily determined the reasonable reservations on the validity of the CJVA, and that the claimed rights of TMA were far from being “clear and unmistakable,” it added.

The SC said it is the PCSO that stood to sustain substantial and irreparable damaged by the continued implementation of the CJVA while the main suit is pending and cited the “the adverse and substantial impact that its terms could produce on the funds of the agency, as well as the damage, breach and corresponding liabilities that might result from the failure to observe procurement rules in case CJVA’s illegality is confirmed.”

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Maria in Vancouver

Lifestyle16 hours ago

The Painful Reality of Losing Someone

Recently, I experienced the painful reality of losing someone through others. One friend lost her fiancé to death, while another...

Headline1 week ago

The Sobering Reality of Growing Old

Growing old brings a sobering reality: time is finite.  You watch your body slow down, see your parents age, and...

Lifestyle4 weeks ago

Dr. David Suzuki’s Legacy: A Celebration at 90

Celebrating Dr. David Suzuki’s 90th birthday on Friday, May 22  was a true privilege and a great pleasure! My husband,...

Lifestyle1 month ago

What I Know Now About Motherhood

Did you know that a mother’s cells can live in her child’s body for their entire lives? This fascinating phenomenon...

Headline2 months ago

Age with Audacity

At 25, I imagined life at 50 would mean I’d be past my prime and grumpy.  Little did I know,...

Lifestyle2 months ago

Spring Clean Your Body, Mind and Home

Spring has sprung! This season is perfect for spring cleaning, but why stop at our homes?  We can also rejuvenate...

Lifestyle3 months ago

Hear Us Roar

There is absolutely nothing wrong with a woman who wants her happily ever after. I certainly did. After 21 years...

Lifestyle4 months ago

The Real Rich

Margaret Atwood aptly captured this dynamic with the phrase, “Old money whispers, new money shouts.”  Let me elaborate on this...

Headline4 months ago

Love in the Afternoon of Life

Love in later life—the 50s, 60s, 70s, and beyond—is a thriving, fulfilling reality. It offers companionship, improved well-being, and joy,...

Headline4 months ago

Your Most Important Relationship is With Yourself

Valentine’s Day shouldn’t be celebrated only for one day. Love should be celebrated everyday. Valentine’s Day, when expanded beyond romance,...