In a two-page resolution dated Dec. 20, 2006, the SC – through Chief Justice Reynato S. Puno – directed RTC Judge Myra V. Garcia Fernandez and Kolonwel, a losing bidder, to comment within 10 days on the petition filed by the Department of Education (DepEd), the Department of Budget and Management (DBM), and Vibal Publishing House, the winning bidder.

"Now, therefore, you, respondents, are hereby required to comment on the petition within a non-extendible period of 10 days from notice hereof. Meanwhile, a temporary restraining order is hereby issued effective immediately and continuing until further orders from this court, enjoining you Hon. Myra V. Garcia-Fernandez, presiding judge, Regional Trial Court, Branch 18, Manila, your agents, representatives or persons acting in your place or stead, from further proceeding with Special Civil Case No. 06116010, or implementing the Order dated December 4, 2006," the SC said.

The World Bank-funded project for public elementary and high schools involved 0 million of which million was earmarked for the purchase of textbooks in Science, English and Social Studies.

Earlier, the Manila RTC issued an injunction against the government – through the DepEd and DBM — and Vibal Publishing House.

Through the Office of the Solicitor General (OSG), the SC was told that the decision issued by Judge Garcia-Fernandez was highly irregular because the trial court did not conduct any trial on the merits of the main case for certiorari and prohibition.

The OSG said the decision was issued without giving the government and private respondent a chance to submit their respective response to the petition of Kolonwel.

It said the World Bank decided to disqualify Kolowel, a firm engaged in the distribution of playing cards in casinos, from participating in the bidding process because it did not have any printing press.

According to the OSG, the World Bank had confirmed that the contract awarded to Vibal was in accordance with the applicable guidelines for procurement with the bank’s financing and with the provisions of the legal agreement for the World Bankassisted Second Social Expenditure Management Project.

It said Education Secretary Jesli Lapus had confirmed that the four-step evaluation was implemented to prevent fraud and improve the quality of the textbooks.

Kolonwel was among the 18 firms that joined the bidding for the purchase of 17.5 million copies of Social Studies textbooks and teachers manual for elementary and high schools in the country.