Nerwin Industries Corporation vs. PNOC-Energy Development Corporation 669 SCRA 173, April 11, 2012

Nerwin Industries Corporation vs. PNOC-Energy Development Corporation 669 SCR !"#$ pril !!$ %&!%

N'(RE)

PETITION for review on certiorari of a decision of the Court of Appeals.

*C'S)

The National Electrification Administration (“NEA” pu!lished an invitation to pre" #ualif$ and to !id for a contract. Nerwin Industries emer%ed as the lowest !idders. Initiall$& it was recommended that all schedules for the said pro'ect would !e awarded to Nerwin. osin% !idders filed a complaint which alle%ed that Nerwin had su!mitted false or falsified documents to o!tain the contract from NEA. The num!er of materials from Nerwin was reduced. )urthermore& NEA alle%edl$ held ne%otiations with other !idders in relative to the same contract. Nerwin filed a complaint for specific performance with pra$er for the issuance of an in'unction& which in'unctive application was %ranted !$ *ranch +, of -TC"anila in Civil Case No. /00/1///. In the interim& PNOC"Ener%$ 2evelopment Corporation purportin% to !e under  the 2epartment of Ener%$& Ener%$& issued -e#uisition No. )34 +/5/6-0 or an invitation invitation to pre" #ualif$ and to !id for wooden poles needed for its 7amar -ural Electrification Pro'ect (“O"IA8 pro'ect”. Nerwin filed a civil action in the -TC in anila& alle%in% it was an attempt to su!'ect a portion of the items covered !$ the same contract to this new !iddin%9 and pra$in% that a T-O issue to en'oin respondents: proposed !iddin% for the wooden poles. The -TC %ranted the T-O. The respondents filed motions for reconsideration which was denied !$ the -TC. The respondents filed a special civil action for certiorari& alle%in% that the -TC had had there there!$ !$ commi committe tted d %rave %rave a!us a!use e of discre discretio tion n amoun amountin tin% % to lac; lac; or e