FIRST DIVISION
[G.R. No. 241765. December 3, 2018.]
PHIL. PHARMAWEALTH, INC., petitioner, vs.THE MEDICAL CENTER CHIEF OF TONDO MEDICAL CENTER, IN HER CAPACITY AS THE HEAD OF THE PROCURING ENTITY, THE BIDS AND AWARDS COMMITTEE OF TONDO MEDICAL CENTER, TONDO MEDICAL CENTER, METRO DRUG, INC., NATRAPHARM, INC. AND PHILCARE PHARMA, INC., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 3, 2018which reads as follows:
"G.R. No. 241765 — Phil. Pharmawealth, Inc., Petitioner, vs. The Medical Center Chief of Tondo Medical Center, in her capacity as the Head of the Procuring Entity, The Bids and Awards Committee of Tondo Medical Center, Tondo Medical Center, Metro Drug, Inc., Natrapharm, Inc. and Philcare Pharma, Inc., Respondents.
The Motion for Extension of Time filed by petitioner seeking an additional period of thirty (30) days from the expiration of the reglementary period on September 21, 2018 within which to file its Petition for Review on Certiorari is hereby GRANTED.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari, the Court resolves to DENY the same for failure to show that the Court of Appeals in CA-G.R. SP No. 151947 committed any reversible error. aScITE
We uphold the Court of Appeals in toto in affirming the Regional Trial Court of Manila, Branch 12. Indeed, the trial court noted that the Head of Procuring Entity for the Tondo Medical Center had laid down valid grounds for the post-disqualification of petitioner. Public interest is paramount in this case where a hospital will procure drugs and medicines through public bidding. As correctly stated by the Head of the Procuring Entity in dismissing petitioner's protest in its February 19, 2016 Decision:
Needless to state, during the post-qualification evaluation, the BAC [Bids and Awards Committee] considered certain factors which were necessarily extraneous even if not specifically indicated in the bid documents, but are obviously embraced in the basic mandate of the hospital to provide effective medical care to its patients.
Lastly, unless successfully rebutted, the matrix relied upon for the post-disqualification enjoys the presumption of regularity and validity. To a reasonable extent, the Head of the Procuring Entity may rely on the integrity and the performance of duty of the entities (the Bids and Awards Committee and the Technical Working Group) which conducted the evaluation process of the medicine samples submitted.
ACCORDINGLY, the Court hereby resolves to AFFIRM the assailed April 6, 2018 Decision and August 24, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 151947. DETACa
Considering that the petition fails to indicate the counsel's MCLE information, counsel for petitioner is hereby directed to submit within 10 days from notice hereof the details of her MCLE Compliance.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court