March 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 189879 : March 09, 2010] BENIGNO N. RICAFORT, IN HIS CAPACITY AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE CLARK DEVELOPMENT CORP. V. THE COMMISSION ON AUDIT AND KIM HYUN HOO, IN HIS CAPACITY AS THE AUTHORIZED REPRESENTATIVE OF NTM-JIN HUNG JOINT VENTURE :
[G.R. No. 189879 : March 09, 2010]
BENIGNO N. RICAFORT, IN HIS CAPACITY AS PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE CLARK DEVELOPMENT CORP. V. THE COMMISSION ON AUDIT AND KIM HYUN HOO, IN HIS CAPACITY AS THE AUTHORIZED REPRESENTATIVE OF NTM-JIN HUNG JOINT VENTURE
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated March 9, 2010
"G.R. No. 189879 - (Benigno N. Ricafort, in his capacity as President and Chief Executive Officer of the Clark Development Corp. v. The Commission on Audit and Kim Hyun Hoo, in his capacity as the Authorized Representative of NTM-Jin Hung Joint Venture)
On December 8, 2009, the Court dismissed the petition and denied its prayer for a temporary restraining order for failure of petitioner to show that the Commission on Audit gravely abused its discretion when it found that respondent NTM-Jin Hung Joint Venture was entitled to a refund of its P26M bid security and for non-compliance with the Rules.
After filing of the petition and before their receipt of the Court's December 8, 2009 Resolution, the parties apparently entered into a Compromise Agreement dated December 15, 2009. Subsequently, they filed on December 23, 2009 the Joint Manifestation and Motion praying for the approval of the attached Compromise Agreement. When petitioner later received its copy of the December 8, 2009 Resolution, it filed a Manifestation and Motion dated March 1, 2010, informing the Court that it had already complied with its obligation under the compromise agreement by issuing a PNB check for P13 Million payable to NTM-Jin Hung. Petitioner thus prays the Court to recall its December 8, 2009 Resolution and render a new one based on the compromise agreement between the parties.
Acting on the motion, the Court resolves to RECALL its Resolution dated December 8, 2009, NOTE the Joint Manifestation and Motion dated December 1, 2009 and the Manifestation and Motion dated March 1, 2010, and REFER the Compromise
Agreement to the Commission on Audit for appropriate action:
"G.R. No. 189879 - (Benigno N. Ricafort, in his capacity as President and Chief Executive Officer of the Clark Development Corp. v. The Commission on Audit and Kim Hyun Hoo, in his capacity as the Authorized Representative of NTM-Jin Hung Joint Venture)
RESOLUTION
On December 8, 2009, the Court dismissed the petition and denied its prayer for a temporary restraining order for failure of petitioner to show that the Commission on Audit gravely abused its discretion when it found that respondent NTM-Jin Hung Joint Venture was entitled to a refund of its P26M bid security and for non-compliance with the Rules.
After filing of the petition and before their receipt of the Court's December 8, 2009 Resolution, the parties apparently entered into a Compromise Agreement dated December 15, 2009. Subsequently, they filed on December 23, 2009 the Joint Manifestation and Motion praying for the approval of the attached Compromise Agreement. When petitioner later received its copy of the December 8, 2009 Resolution, it filed a Manifestation and Motion dated March 1, 2010, informing the Court that it had already complied with its obligation under the compromise agreement by issuing a PNB check for P13 Million payable to NTM-Jin Hung. Petitioner thus prays the Court to recall its December 8, 2009 Resolution and render a new one based on the compromise agreement between the parties.
Acting on the motion, the Court resolves to RECALL its Resolution dated December 8, 2009, NOTE the Joint Manifestation and Motion dated December 1, 2009 and the Manifestation and Motion dated March 1, 2010, and REFER the Compromise
Agreement to the Commission on Audit for appropriate action:
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court