Justice is (NOT) for sale, maybe.
Time to revamp the supreme court.
Judicial overreach
In its MR filed in September 2014, the BCDA broadened its case with a new argument: that the Court has encroached upon the powers of the executive. It built its case by showing that questions hounded the integrity of the previous process and that it was within the powers of the Office of the President to “exercise control” over all the executive departments – including changing the mode of disposition of government properties.
‘…the haste and the reckless manner by which the TROs were served and re-served create an impression of bias and manifest partiality in the minds of the respondents and erode their faith in the Honorable Court.’ – BCDA
When he took over, President Aquino suspended the privatization and development of the 33-hectare property via competitive challenge or “Swiss Challenge” as part of a wide-ranging policy review and due diligence process. Fort Bonifacio was not singled out; the Food Terminal Inc complex and the Subic-Clark-Tarlac Expressway were subjected to the same rigor.
In 2012, Aquino decided that the Bonifacio property should be opened to public bidding.
In its narration, the BCDA said that “a shadow was cast on the integrity of the process” because the previous board appeared to have rushed approval of the unsolicited proposal of SM Land days before the May 2010 elections.
“The undue haste by which the award was made was a cause for concern of the newly appointed directors and for President Aquino himself,” the BCDA wrote.
Moreover, the offer of SM Land was way below the market value of the land. The BCDA cited the recent appraisal by Cuervo Appraisers placing the cost of each square meter at P78,000. Besides, the BCDA pointed out, SM Land can participate anew, this time in a public bidding.
via Was SC justice partial in BCDA-SM Land issue?.