THE Court of Appeals (CA) has affimed its decision issued in June giving the Regional Trial Court (RTC) in Manila City the go-signal to hear and resolve the damage suit filed by a losing bidder against Dubai-based Webb Fontaine Group FZ-Llc. in connection with the P442-million computerization project of the Bureau of Customs (BOC).
In a one-page resolution written by Associate Justice Mario Lopez, the CA’s former Eighth Division held that Webb Fontaine failed to raise new arguments that would warrant the reconsideration of the appelate court’s decision on June 17, 2014.
“After a study of the arguments in the petitioner’s motion for reconsideration, we find no cogent reason to amend or set aside our decision dated June 17, 2014. The issues raised have already been resolved and discussed in the assailed decision,” the CA said.
The CA, in its June 2014 ruling, did not give credence to its claim that Omniprime Marketing Inc.’s damage suit against it should be dismissed on the ground of forum shopping.
It explained that forum shopping exists where the elements of lis pendens (pending suit) are present, and where a final judgment in one case will amount to res judicata (a case decided on the merit) in the other.
But, in the case of Omniprime, the CA said there was no adverse decision against the latter either in the first or second case amounting to lis pendens or to res judicata,” the CA said.
It pointed out that the first case was withdrawn by Omniprime as a matter or right and without prejudice pursuant to the Rules of Court.
Webb Fontaine and Omniprime were former partners for the National Single Window Phase 2 (NSW2) Project of the BOC.
On July 30, 2012 Webb Fontaine and Omniprime executed a joint-venture agreement to bid for the NSW2.
However, Webb Fontaine allegedly acted alone and joined the bidding, prompting Omniprime to file a complaint for specific performance against the former before the RTC in Manila.
However, Omniprime decided to withdraw the case before the trial court could rule on the merit of the complaint.
Later Omniprime filed a new complaint for specific performance or damages or both against Webb Fontaine and the members of the Bids and Awards Committee (BAC) who were assigned to the project before Branch 24 of the RTC in Manila.
The trial court however, decided to drop the BAC members from the case because they were nominal parties who should not be inlcuded in the complaint.
In a resolution issued on September 19, 2013, the RTC in Manila denied the motion to dismiss for lack of merit, prompting Webb Fontaine to elevate the case before the CA.