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    SM Land VS Bcda

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    karl
    This case involves a dispute between SM Land Inc. (SMLI) and the Bases Conversion and Development Authority (BCDA) over an unsolicited proposal by SMLI to develop property owned by BCDA. SMLI sued BCDA, claiming it violated their agreement by changing the process from a competitive challenge to a public bidding process. The court initially ruled in favor of SMLI, but BCDA sought reconsideration. The issues addressed were whether SMLI could challenge BCDA's decision to ignore its proposal under the competitive challenge process, and if SMLI could invoke the alter ego doctrine regarding BCDA's recommendation to the President. The court ultimately ruled in favor

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    SM Land VS Bcda

    Uploaded by

    karl
    76 views1 page
    This case involves a dispute between SM Land Inc. (SMLI) and the Bases Conversion and Development Authority (BCDA) over an unsolicited proposal by SMLI to develop property owned by BCDA. SMLI sued BCDA, claiming it violated their agreement by changing the process from a competitive challenge to a public bidding process. The court initially ruled in favor of SMLI, but BCDA sought reconsideration. The issues addressed were whether SMLI could challenge BCDA's decision to ignore its proposal under the competitive challenge process, and if SMLI could invoke the alter ego doctrine regarding BCDA's recommendation to the President. The court ultimately ruled in favor

    Original Title

    41. SM LAND VS BCDA

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    This case involves a dispute between SM Land Inc. (SMLI) and the Bases Conversion and Development Authority (BCDA) over an unsolicited proposal by SMLI to develop property owned by BCDA. SMLI sued BCDA, claiming it violated their agreement by changing the process from a competitive challenge to a public bidding process. The court initially ruled in favor of SMLI, but BCDA sought reconsideration. The issues addressed were whether SMLI could challenge BCDA's decision to ignore its proposal under the competitive challenge process, and if SMLI could invoke the alter ego doctrine regarding BCDA's recommendation to the President. The court ultimately ruled in favor

    Copyright:

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

    SM Land VS Bcda

    Uploaded by

    karl
    This case involves a dispute between SM Land Inc. (SMLI) and the Bases Conversion and Development Authority (BCDA) over an unsolicited proposal by SMLI to develop property owned by BCDA. SMLI sued BCDA, claiming it violated their agreement by changing the process from a competitive challenge to a public bidding process. The court initially ruled in favor of SMLI, but BCDA sought reconsideration. The issues addressed were whether SMLI could challenge BCDA's decision to ignore its proposal under the competitive challenge process, and if SMLI could invoke the alter ego doctrine regarding BCDA's recommendation to the President. The court ultimately ruled in favor

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    © All Rights Reserved
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    SM LAND INC v.

    BCDA
    G.R. No. 203655

    Facts:
    The dispute involves an unsolicited proposal from petitioner SM Land, Inc. (SMLI) to develop
    the multi-billion-peso Bonifacio South Property in Bonifacio Global City. In January 2013,
    SMLI sued respondent Bases Conversion and Development Authority (BCDA) for supposedly
    changing the negotiation rules from a competitive challenge to public bidding, when the former
    was already well into talks with the latter over its proposal. According to SMLI, BCDA had
    violated a contract by doing so. In its Decision dated August 13, 2014, the Court ordered BCDA
    and its president to subject SMLI’s unsolicited proposal to a competitive challenge. It is this
    Decision that is placed before the Court for reconsideration.

    Issues:
    1. Can SMLI assail the decision of the BCDA to ignore its submitted proposal under  its 
    Competitive Challenge despite compliance with the rules for the disposal of the property
    in question?
    2. Can SMLI invoke the application of the alter ego  doctrine when the BCDA 
    recommended to the Office of the President that the SMLI submitted bid proposal under
    BCDA’s Competitive Challenge be totally ignored?

    RULING:
    1. Yes.  SMLI has the right to a completed competitive challenge pursuant to the NEDA
    Joint Venture Guidelines and the Certification issued by the BCDA.
    Under the Administrative Code of 1987, acts of the President providing for rules of a
    general or permanent character in implementation or execution of constitutional or
    statutory powers shall be promulgated in Executive Orders. The NEDA Joint Venture
    Guidelines and the Competitive Challenge are incorporated in presidential issuances and
    officers of NEDA and BCDA were likewise authorized by the President to undertake
    steps to carry out the tasks. 

    2. Yes. In this particular case the executive power to issue rules and regulations on
    procurement has been delegated to the President’s alter egos, partcularly to NEDA and
    BCDA.   BCDA can no longer renege on submitted proposal of SMLI   under its
    Competitive Challenge. By allowing SMLI,  to submit  “voluntary and unconditional
    proposal” to improve the original offer, BCDA is now precluded from changing the rules
    it earlier promulgated. SMLI was led to believe that BCDA has been duly authorized to
    act on behalf of the Office of the President.

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