republic of the philippines - Philippine Center for Investigative ...

NATURE OF THE PETITION
1. This is a Petition for Certiorari and Prohibition seeking the
nullification and immediate enjoinment of the implementation of: 1) the
Contract Agreement (“Northrail Contract”) dated December 2003 between
the North Luzon Railways Corporation (“Northrail”) and the China
National Machinery and Equipment Corporation (“CNMEC”); and 2)
Buyer Credit Loan Agreement No. BLA 04055 (“Loan Agreement”) dated
26 February 2004 between the Export-Import Bank of China (“China
EXIM Bank”) and the Government of the Republic of the Philippines
(“Government”) for having been entered into in grave abuse of discretion
amounting to lack or excess of jurisdiction by the officials involved. Said
loan agreement and contract were executed in clear violation of the
Constitution and the laws, to the great disadvantage of Filipino taxpayers
and despite their implementation resulting in the displacement of
thousands of families who dwell and derive income in the areas to be
affected.
THE PARTIES
2. Petitioners Herminio Harry L. Roque, Jr., Joel R. Butuyan,
Roger R. Rayel, Gary S. Mallari, Romel R. Bagares, Christopher Francisco
C. Bolastig are all lawyers and taxpayers who stand to suffer direct
injury as a result of the impending disbursement of public funds in order
to enforce void and illegal contracts. Petitioners are concerned that, while
the Government constantly devises ways to obtain more revenues from
taxpayers to address a fiscal deficit, it sometimes puts public funds to
unfair, inefficient, injudicious and illegal use. The Petitioner may be
served with pertinent papers and processes through the Roque and
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