CoA okays firm’s P17.8-M claim vs Makati | The Manila Times

Reference:
Tolentino, M. R. L. (2019, October 13). CoA okays firm’s P17.8-M claim vs Makati. The Manila Times. Retrieved October 16, 2019 from https://www.manilatimes.net/2019/10/13/news/national/coa-okays-firms-p17-8-m-claim-vs-makati/630966/

CoA okays firm’s P17.8-M claim vs Makati
By MA. REINA LEANNE TOLENTINO, TMT
October 13, 2019

THE Commission on Audit (CoA) granted a maintenance firm’s petition to claim P17.8 million from the Makati City government as payment for its services rendered to various public schools in 2015.

In a recent decision, the CoA’s commission proper found the petition for money claim by Promitheus Property Management and Manpower Inc. (PPMMI) from July to December 2015 meritorious.

“In this case, the ITB (invitation to bid) disclosed that there was an Approved Budget for the Contract (ABC) in the amount of P17,864,869.33, which was published/posted in the Philippine Government Electronic Procurement System. There being no evidence that the ITB was canceled and/or withdrawn, it could safely be presumed that there was indeed a procurement with said ABC,” the commission proper said.

CoA clarified that its decision to grant the PPMMI’s petition was based on its compliance with the “requirement of proof of actual services rendered.”

“PPMMI had performed its obligation to provide maintenance services to the public elementary and high schools of Districts 1 and 2 of the city, submitting herewith the daily time records of the maintenance crew assigned, the Monthly Preventive and Summary Reports duly signed by the city officials concerned, and certifications by the Head of School Building Maintenance that services such as carpentry, plumbing and electrical were rendered,” it said.

CoA added that while the maintenance services were rendered “without a written contract, NOA (notice of award), NTP (notice to proceed) and other bidding documents, for the reason that there was a change of administration of the city when its [then-]Mayor was suspended, the PPMMI, which had no control of the procurement process under [Republic Act] 9184 and the pertinent missing documents, should still be compensated for what it had delivered.”

“Otherwise, it would result in undue enrichment on the part of the city,” it said.
Republic Act 9184 is the “Government Procurement Reform Act.”

The City of Makati’s Bids and Awards Committee posted an ITB on May 12, 2015 for building maintenance services for the city’s elementary and high schools from July to December 2015 with an approved budget of P17,864,869.33.

“PPMMI, the existing maintenance provider for the city’s public schools for 2014 and first quarter of 2015, participated in the bid and was declared as the winning bidder. However, there was no formal award and written contract executed between the parties, this was allegedly because of the sudden change in the administration of the city government,” CoA said.

PPMMI filed its claim, including a 1-percent legal interest, on Nov. 24, 2016 from the date of denial by the city’s accounting department, until full payment.

While the commission proper found the PPMMI petition meritorious, CoA said it could not grant its claim of interest because it was “tantamount to a penalty or an indemnity for damages and not within its authority to decide.”

CoA said the matter was best left to the “regular courts” because “claim for damages cannot be presumed, but must be duly proved, and proved with a reasonable degree of certainty.”

Published on Home » News » Nation | The Manila Times

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