Interviewees denounced the alleged ambiguity of the procedure that led to the development of the agreement, but now deciding that irregularities undermine the action of the BCDAs board of directors and officers, as the respondents wanted us to believe, would amount to possible administrative liability without a proper trial. If the respondent insisted on such an argument, it could at least have shown that the proper disciplinary proceedings had been initiated to prove that the BCDA reasonably believed that its former officers had in fact departed from legal proceedings. The price of the Bonifacio-Sed real estate has already been set by the price of profit at the tender for the development of the joint venture of the JUSMAG property (P31,111/sq.m.). 1wphi1 This is how BCDA set the reference value for the price of the remaining Bonifacio South real estate, including jusmag-Immobilie die prim. Logically, the minimum bid price would be P31,111/sq.m under straight bid for the BNS/PMC/ASCOM/SSU property, which is a much lower property. However, with the presentation of SMs of a revised unsolicited proposal on P31,732/sq.m. and later revised to P32.500/2m.m, BCDA saw the opportunity to negotiate for better terms and eventually arrived at a higher price of P36.900/2.m. In this case, BCDA felt that it was more advantageous for the government to engage in a competitive challenge than competition selection (in a straight line), since it was possible to increase the price. 3. Even if one co-shareholder transfers its shares to another, the acquirer does not participate in the joint venture with the others, unless all other joint ventures agree. This goes against the principle of delectus personarum. Respondents also found no consolation in the general rule that the state is not excluded by errors or errors of its officials or agents by estoppel. As the case law states, the doctrine is subject to exceptions, i.e., in accordance with repeated directives of no less than the Chief Executive, NEDA has adopted the Joint Enterprise Guidelines that provide for the clotting procedures of joint ventures between the government and a private body.
In this context, it should be recalled that the general rule that management programs, such as the NEDA-JV guidelines, which are adopted under the statutory regulatory authority, have the strength and effect of the law.25 As stated in the August 13, 2014 decision: 2. Each of the co-partners, with their private property, would be held responsible for the creditors of the joint venture. The respondents` request is that BCDA and SMLI do not have a contract that would give it the right to demand that its unsolicited proposal be suspended from a competition challenge.