Information Technology Foundation vs COMELEC

FACTS:

Petitioners were participating bidders questioning the identity and eligibility of the awarded contractor
Mega Pacific Consortium (MPC) where the competing bidder is Mega Pacific eSolutions, Inc. (MPEI) as
signed by Mr. Willy Yu of the latter. Private respondent claims that MPEI is the lead partner tied up with
other companies like SK C&C, WeSolv, Election.com and ePLDT. Respondent COMELEC obtained copies of
Memorandum of Agreements and Teaming Agreements.

ISSUE:

Whether or not there was an existence of a consortium.

RULING:

NO. There was no documentary or other basis for Comelec to conclude that a consortium had actually
been formed amongst MPEI, SK C&C and WeSolv, along with Election.com and ePLDT. The president of
MPEI signing for allegedly in behalf of MPC without any further proof, did not by itself prove the
existence of the consortium. It did not show that MPEI or its president have been duly pre-authorized by
the other members of the putative consortium to represent them, to bid on their collective behalf and,
more important, to commit them jointly and severally to the bid undertakings. The letter is purely self-
serving and uncorroborated.