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[G.R. No. 138637.December 8, 1999]

BERNARDINO et al. vs. THE COMMITTEE ON PRIVATIZATION, et al .

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 08 1999.

G .R. No. 138637(Teodoro Bernardino et al. vs. The committee on Privatization, et al.) and

G.R. No. 138667(Hon. Ricardo Silverio, et al. vs. The Committee on Privatization.)

After deliberating on the petitions in these cases; the Consolidated Comment of public respondents Committee on Privatization (COP), Asset Privatization Trust (APT), National Development Corp. (NDC) and Hon. Leonor Briones; and the comments of the other respondents and the intervenor, the Court Resolved to DISMISS said petitions on the following grounds:

(1)Failure of petitioners in G.R. No. 138637 to show sufficient legal and factual bases (a) to nullify the result of the "as is where is" bidding conducted by the APT and the award by the COP to private respondents Copper Smelting Investment, Ltd., (CSIL) and Carlos Dominguez; and (b) to compel by mandamus the COP and APT to adopt and implement the Financial Restructuring Plan adopted on 10 July 1998 by the Board of Directors of Philippine Smelting & Refining Corporation (PASAR) in lieu of the "as is" bid of respondents CSIL and Dominguez;

(2)Failure of petitioners in G.R. No. 138667 to sufficiently show that the public respondents committed grave abuse of discretion amounting to excess or lack of jurisdiction in accepting the bid of CSIL and Dominguez, and that the bid was grossly disadvantageous to the Government and the Filipino people; and

(3)Failure to show special reasons or compelling circumstances which would justify a disregard of the hierarchy of courts (People v. Cuaresma, 172 SCRA 415 [1989]; Defensor-Santiago v. Vasquez, 217 SCRA 633 [1993]; Manalo v. Gloria, 236 SCRA 130 [1994]), especially in these cases where questions of facts are involved.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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