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    Rule 129 1digest Suplico V NEDA

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    Sharon G. Balingit
    The Supreme Court dismissed petitions seeking to annul the contract award for a national broadband network project to ZTE Corporation. During a meeting with the Chinese president, President Arroyo officially informed him that the Philippine government had decided not to continue with the ZTE-NBN project. As the highest court, the Supreme Court is mandated to take judicial notice of official acts of the President without need for evidence. It accepted the president's cancellation of the project as an official act. Additionally, executive officials are presumed to have regularly informed the court of the government's decision, absent proof otherwise. Therefore, the case was moot and dismissed.

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    Rule 129 1digest Suplico V NEDA

    Uploaded by

    Sharon G. Balingit
    72 views1 page
    The Supreme Court dismissed petitions seeking to annul the contract award for a national broadband network project to ZTE Corporation. During a meeting with the Chinese president, President Arroyo officially informed him that the Philippine government had decided not to continue with the ZTE-NBN project. As the highest court, the Supreme Court is mandated to take judicial notice of official acts of the President without need for evidence. It accepted the president's cancellation of the project as an official act. Additionally, executive officials are presumed to have regularly informed the court of the government's decision, absent proof otherwise. Therefore, the case was moot and dismissed.

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    Rule 129 1digest Suplico v NEDA

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    The Supreme Court dismissed petitions seeking to annul the contract award for a national broadband network project to ZTE Corporation. During a meeting with the Chinese president, President Arroyo officially informed him that the Philippine government had decided not to continue with the ZTE-NBN project. As the highest court, the Supreme Court is mandated to take judicial notice of official acts of the President without need for evidence. It accepted the president's cancellation of the project as an official act. Additionally, executive officials are presumed to have regularly informed the court of the government's decision, absent proof otherwise. Therefore, the case was moot and dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    72 views1 page

    Rule 129 1digest Suplico V NEDA

    Uploaded by

    Sharon G. Balingit
    The Supreme Court dismissed petitions seeking to annul the contract award for a national broadband network project to ZTE Corporation. During a meeting with the Chinese president, President Arroyo officially informed him that the Philippine government had decided not to continue with the ZTE-NBN project. As the highest court, the Supreme Court is mandated to take judicial notice of official acts of the President without need for evidence. It accepted the president's cancellation of the project as an official act. Additionally, executive officials are presumed to have regularly informed the court of the government's decision, absent proof otherwise. Therefore, the case was moot and dismissed.

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    SUPLICO VS.

    NEDA
    GR NO. 178830, July 14, 2008

    FACTS:

    Triple petitions for certiorari, prohibition and mandamus, with application for the issuance of a TRO
    and/or preliminary injunction were filed and consolidated in the SC. The prayers of the said
    petitions, among others, sought the annulment of the award of the contract for the national
    broadband network to respondent ZTE Corporation and to enjoin any activity in connection with the
    said deal. On October 2, 2007, during a meeting, Pres. GMA, acting in her official capacity
    informed Pres. Hu Jintao of China that the Philippine Government had decided not to continue with
    the ZTE-NBN project. Later, the Solicitor General made a manifestation and motion stating that in
    an Indorsement by the Legal Division of the DOTC, it has been informed that the Philippine
    Government has decided not to continue with the ZTE-NBN Project. That said, there is no more
    justiciable controversy for the Court to resolve. The public respondents then prayed that the
    present petitions be dismissed. The petitioners, in their respective replies, argued that the
    Indorsement is self-serving and not a sufficient basis that the deal has been permanently
    scrapped. Assuming arguendo that the petition has become moot, the Court may still take
    cognizance thereof to educate the bench and the bar. Further, because of the transcendental
    importance of the issues raised, the Court should take cognizance of this case despite its apparent
    mootness. The petitioners ultimately contended the declarations made by officials belonging to the
    executive branch on the Philippine Government’s decision not to continue with the ZTE-NBN
    Project are self-serving, hence, inadmissible.

    ISSUE:WON the Court may take judicial notice of the acts of President GMA?

    HELD:

    The SC dismissed the petition. It held that It has no alternative but to take judicial notice of the
    official act of the President. Under the Section 1 Rule 129, it is mandatory and the Court has no
    alternative but to take judicial notice of the official acts of the President of the Philippines, who
    heads the executive branch of our government. It is further provided in the said rule that the court
    shall take judicial notice of the foregoing facts without introduction of evidence. Since we consider
    the act of cancellation by President Macapagal-Arroyo of the proposed ZTE-NBN Project during
    the meeting of October 2, 2007 with the Chinese President in China as an official act of the
    executive department, the Court must take judicial notice of such official act without need of
    evidence. Moreover, under Section 2, paragraph (m) of Rule 131 of the Rules of Court, the official
    duty of the executive officials of informing this Court of the government’s decision not to continue
    with the ZTE-NBN Project is also presumed to have been regularly performed, absent proof to the
    contrary. The Court finds no factual or legal basis to disregard this disputable presumption in the
    present instance.

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