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EN BANC

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 18 2005 .

G.R. No. 169773 ( Herminio Harry L. Roque, Jr., et al. vs. Hon. Executive Secretary Eduardo Ermita, et al .)

This is a Petition for Certiorari and Prohibition with prayer for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order under Rule 65 of the 1997 Rules of Civil Procedure seeking the nullification and immediate enjoinment of the Contract Agreement between the North Luzon Railways Corporation (Northrail) and China National Machinery and Equipment Corporation (CNMEC) and the Loan Agreement between the Export-Import Bank of China (China EXIM Bank) and the government of the Republic of the Philippines.

A careful perusal of the petition and the attachments thereto discloses that the resolution of the issues raised therein, assuming arguendo that they are valid, requires the establishment of the following facts through the presentation of evidence before a trial court of general jurisdiction:

1. Whether competitive biddings were held before the contract was awarded to SNMEC;

2. Whether there was a prior appropriation of public funds and proper certification as to the availability thereof by the appropriate accounting officials;

3. Whether CNMEC is a bona fide contractor in its home country, and whether it possesses the Special License required of a foreign contractor who participates in a foreign-funded project in the Philippines; and

4. Whether the proper procedure for relocation of the informal settlers in the project areas has been followed.

This Court is not a trier of facts.

WHEREFORE , the petition is dismissed without prejudice to its re-filing in the appropriate trial court.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Clerk of Court

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