BY EVANGELINE DE VERA
THE Supreme Court yesterday issued a
temporary restraining order against a Pasig court’s injunction
against the implementation of the electronic passport project of
the Department of Foreign Affairs.
In a three-page resolution, the SC’s Third
Division granted the petition of the DFA and Bangko Sentral,
represented by the Office of the Solicitor General, for the
issuance of a TRO on the Feb. 14, 2007 ruling of Pasig Judge
Franco Falcon.
The injunction was issued on the petition of
BCA International Corp., the company firm previously contracted
by the DFA to undertake the e-passport project.
The High Court directed the respondents to
comment within 10 days.
BCA and DFA entered into a
build-operate-transfer agreement after the National Economic and
Development Authority approved the Machine Readable Passport and
Visa Project (MRP/V Project) in September 2000. The project was
designed to modernize the quality of passports and visas issued
by the government.
Under the BOT agreement, BCA was required, at
its expense, to design and develop an applicable system for
e-passport, which was to be completed in six phases.
In April 2002, while Phase 1 of the project
was being implemented, the parties amended the BOT agreement to
harmonize it with the implementing rules and regulations of the
BOT Law.
Under the amended agreement, BCA incorporated
a project company, Philippine Passport Corp. (Philpass), to
undertake and implement the MRP/V Project.
The DFA and the BSP decided to terminate the
agreement due to delays in the implementation of the project
owing to the financial incapability of BCA.
This prompted the BCA to file the petition
for the issuance of a TRO and writ of preliminary injunction
before the Pasig court.
Sen. Manuel Roxas II earlier warned of a
passport shortage by June unless the High Court lifted the TRO
by the Pasig court.
He said once the supply of passports ran out, the
constitutional right to travel of thousands of Filipinos and
overseas workers would be imperiled.