Information Technology Foundation vs. ComElec

ISSUE:  Whether or not ITF has standing to file the case. 

FACTS:  RA 8046 was passed on 07 June 1995 authorizing COMELEC to conduct nationwide computerized election system. Gloria Arroyo allocated php 2.5 billion fund for the automated election system on 24 January 2003. The bidding process commenced on the same month and out of the 57 bidders it was awarded to MPC and TIMC. Although DOST’s evaluation report states that the two obtained a number of failed marks in the technical evaluation. Five individuals and entities protested the matter to COMELEC Chairman Benjamin Abalos Sr. Abalos rejected the protest, hence the present petition. 

DECISION:  The petition was GRANTED. 

RATIO DECIDENDI:  The case at bar is a matter of public concern and imbued with public interest, it is of paramount public interest and transcendental importance. Taxpayers are allowed to sue when there is a claim of “illegal disbursement of public funds” or if public money is being “deflected to any improper use,” or when petitioner seek to restrain “wasting of public funds through the enforcement of an unconstitutional law.”