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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 2
Butuyan Law Offices, of which they are all part, at Unit 1904 Antel 2000 Corporate Centre, 121 Valero Street, Salcedo Village, Makati City. For easy reference, a copy of one of Petitioners’ Income Tax Return is attached hereto as Annex “A.” 3. Petitioners Danilo M. Calderon, Ma. Teresa D. Zepeda, Anastasia D. Ilustre, Natividad S. Pallasigue, Emily A. Realino, Lucinia C. Dichos, Sergio C. Legaspi, Jr., Vicente C. Alban, Conchita G. Gozo, Feliciano F. Reyes, Ricardo D. Lanozo, Josefina P. Lanozo, Adelaida P. Pen (“Petitioners Settlers”) are taxpayers and settlers who either reside or derive income from the areas that are set to be cleared in the implementation of the Northrail Contract involved in this case. As taxpayers, they are liable to suffer direct injury from the unscrupulous spending of scarce government resources, while as settlers in the areas affected, they stand to directly suffer material injury in terms of damaged property, lost income, and displacement if the questioned contract is implemented. They may be served with pertinent papers and processes through their counsel the Roque and Butuyan Law Offices, Unit 1904 Antel 2000 Corporate Centre, 121 Valero Street, Salcedo Village, Makati City. 4. Public Respondent Honorable Eduardo Ermita is impleaded in his capacity as Executive Secretary of the President of the Philippines. He may be served with pertinent papers and processes through the Office of the Executive Secretary, Malacañan Palace, City of Manila. 5. Honorable Secretary Margarito Teves is being impleaded in his capacity as the Secretary of Department of Finance. He may be 3
Page 1: REPUBLIC OF THE PHILIPPINES SUPREME
Page 5 and 6: 10. Public Respondent National Econ
Page 7 and 8: 16. The Northrail Contract and the
Page 9 and 10: from the University of the Philippi
Page 11 and 12: improper purpose, or that there is
Page 13 and 14: II. THE NORTHRAIL CONTRACT IS VOID
Page 15 and 16: is a defective contention because n
Page 17 and 18: which also has its own juridical pe
Page 19 and 20: funds unless there is an appropriat
Page 21 and 22: 44. CNMEC cannot therefore engage a
Page 23 and 24: terms of lost homes, livelihoods an
Page 25 and 26: 57. A failure to stop the implement
Page 27 and 28: 2) AN ORDER DECLARING NULL AND VOID
Page 29 and 30: COPY FURNISHED: Honorable Eduardo E

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