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17.

In 1996, Congress passed Republic Act No. 8189, otherwise known as the Voters’ Registration Act of 1996, providing for computerization of elections. Pursuant thereto, the COMELEC approved the Voters’ Registration and Identification System (VRIS) Project. It issued invitations to pre-qualify and bid for the project.

After the public bidding, Fotokina was declared the winning bidder with a bid of P6 Billion and was issued a Notice of Award. But COMELEC Chairman Gener Go objected to the award on the ground that under the Appropriations Act, the budget for the COMELEC’s modernization is only P1 Billion. He announced to the public that the VRIS project has been set aside. Two Commissioners sided with Chairman Go, but the majority voted to uphold the contract.

Meanwhile, Fotokina filed with the RTC a petition for mandamus to compel the COMELEC to implement the contract. The Office of the Solicitor General (OSG), representing Chairman Go, opposed the petition on the ground that mandamus does not lie to enforce contractual obligations. During the proceedings, the majority Commissioners filed a manifestation that Chairman Go was not authorized by the COMELEC En Banc to oppose the petition.

1. May the OSG represent Chairman Go before the RTC notwithstanding that his position is contrary to that of the majority? 5%

2. Is a petition for mandamus an appropriate remedy to enforce contractual obligations? 5%

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