CASE 2018-0020: PHILIPPINE CHARITY SWEEPSTAKES OFFICE VS. HON. MAXIMO M. DE LEON, PRESIDING JUDGE OF THE MAKATI CITY REGIONAL TRIAL COURT, BRANCH 143, AND PHILIPPINE GAMING AND MANAGEMENT (G.R. NOS. 236577 AND 236597, 15 AUGUST 2018, LEONEN,J.) (SUBJECT/S: TRO, INJUNCTION) (BRIEF TITLE: PCSO VS JUDGE DE LEONEN)

 

DISPOSITIVE:

 

“WHEREFORE, premises considered, the petition is GRANTED.The Philippine Charity Sweepstakes Office may proceed with the biddingprocess for the Nationwide On-line Lottery System for Luzon.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

WHAT MUST THE APPLICANT SHOW SO THAT THE COURT WILL ISSUE A WRIT OF PRELIMINARY INJUNCTION?

 

THE APPLICANT MUST SHOW, BY PRIMA FACIE EVIDENCE, AN EXISTING RIGHT BEFORE TRIAL, A MATERIAL AND SUBSTANTIAL INVASION OF THIS RIGHT, AND THAT A WRIT OF PRELIMINARY INJUNCTION IS NECESSARY TO PREVENTIRREPARABLE INJURY.

 

In Department of Public Works and Highways (DPWH) v. CityAdvertising Ventures Corporation, 123 this Court held that “[f]or a writ ofpreliminary injunction to be issued, the applicant must show, by prima facievidence, an existing right before trial, a material and substantial invasion of this right, and that a writ of preliminary injunction is necessary to preventirreparable injury.”

 

WHAT WAS THE CLAIM OF PHILIPPINE GAMING AND MANAGEMENT CORP.?

 

IT CLAIMS EXCLUSIVE RIGHTS TO THE NATIONWIDE ON-LINE LOTTERY SYSTEM.

 

DOES IT HAVE SUCH EXCLUSIVE RIGHTS?

 

NO BECAUSE ITS EXCLUSIVE RIGHTS WAS UNDER THE AMENDMENTS TO EQUIPMENT LEASE AGREEMENT WHICH ALREADY EXPIRED.

 

Respondent Philippine Gaming and Management Corporation’s claim of exclusive rights, as stated in the Interim Settlement and which was brought to arbitration, pertained to its rights under the Amendments to Equipment Lease Agreement, which will expire on August 21, 2018. It failed to provide proof that the Amendments to Equipment Lease Agreement was extended beyond August 21, 2018. It cannot claim that it has alleged exclusive rights to be protected and that it will suffer irreparable injury if petitioner continued with the Nationwide On-line Lottery System bidding process. This is precisely because the bidding was for the next supplier of the Nationwide On-line Lottery System for a period of five (5) years after August 21, 2018 or commencing on August 22, 2018.

 

 TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2018-0020-PHILIPPINE CHARITY SWEEPSTAKES OFFICE VS. HON. MAXIMO M. DE LEON ET AL

 

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