The Department of Transportation-Land Transportation Office (DoTr-LTO) welcomed the decision of the Quezon City Regional Trial Court (RTC), junking the petition of a lawyer to stop the agency from implementing its information technology project.
“We welcome the decision of the QCRTC to deny the prayer for the issuance of a TRO due to lack of merit. With this, the LTO can now freely pursue the implementation of the project,” LTO Assistant Secretary Edgar C. Galvante said.
The project, called Road Transportation IT Infrastructure Project, aims to modernize existing computers and programs of the LTO to cut red tape and minimize human intervention in all transactions. The multi-billion-peso scheme is so big that it needs to be divided into several parts.
Lawyer Salvador B. Belaro Sr. had told the QCRTC earlier in a petition that splitting the project into numerous components violates Republic Act 9184 or the Government Procurement Reform Act.
But the court ruled that the complainant failed to proof for the issuance of a TRO. The court noted that the only ground on which the application for a TRO is based on is to prevent unnecessary government spending should the project fail and if the IT system becomes inoperative.
The court pointed out that the petition for a TRO is not designed to protect contingent or future rights.
“Injunction is not a remedy to protect or enforce contingent, abstract, or future rights; it will not issue to protect a right not in esse and which may never arise, or to restrain an act which does not give rise to a cause of action. There must exist an actual right. There must be a patent showing by the complaint that there exists a right to be protected and that the acts against which the writ is to be directed are violative of said right,” the court said.
It concluded that, “in the present case, this court finds no such actual and existing right in favor of the plaintiff that demands protection by the office of a TRO. To stress, the plaintiff is asking that a future or contingent right be protected. Said right is not in esse and may never arise.”
Galvante said the IT project is in line with Republic Act 11032, otherwise known as “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” and aligned with President Rodrigo Duterte’s thrust to eradicate corruption and red-tape in government transactions.