Petitioner
Northern Mindanao Industrial Port
Respondent
Iligan Cement Corporation
Citation
G.R. No. 215387
Court
Supreme Court
Division
First Division
Ponente
Del Castillo, J.
Decided
April 23, 2018

Summary

NOMIPSCO sued ICC for damages claiming abuse of rights in a bidding process where NOMIPSCO submitted the lowest bid but ICC awarded the contract to Europort. The RTC initially denied ICC's motion to dismiss, but the CA granted certiorari and dismissed the case for failure to state a cause of action. The Supreme Court affirmed, finding that there was a legitimate bidding process where the winning bidder Oroport simply changed its name to Europort during the process. The Court ruled that ICC had the legal right to reject bids under Article 1326 of the Civil Code and that NOMIPSCO's allegations were based on false assumptions. The case establishes that bidding advertisements are mere invitations to make proposals and advertisers are not bound to accept the lowest bidder unless specified otherwise.

Statutes applied

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By Intellegal Editorial Board · April 23, 2018

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