Title
Local Water Utilities Administration vs. R.D. Policarpio and Co., Inc.
Case
G.R. No. 210970
Decision Date
Jul 22, 2024
LWUA and BCWD held liable for non-payment to RDPCI. The CA affirmed CIAC's solidary ruling, imposing attorney's fees and costs for the petitioner's failure to settle claims.

Case Digest (G.R. No. L-63915)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Local Water Utilities Administration (LWUA) granted a loan to Butuan City Water District (BCWD) to fund the Butuan City Water Supply System Comprehensive Improvement Program (the Project).
    • LWUA and BCWD entered into a Financial Assistance Contract on July 26, 1996, with a loan of PHP 550,915,000, where LWUA was authorized as the agent of BCWD to manage various processes related to the Project.
    • The Project was financed partly through a re-loan from the Japan Bank for International Cooperation (JBIC).
    • LWUA engaged Yoshito Sato as Acting Project Manager.
  • Construction Contract and Related Agreements
    • After bidding in 1997, the construction contract was awarded to R.D. Policarpio & Co., Inc. (RDPCI), with LWUA issuing the Notice of Award on February 19, 1998.
    • BCWD and RDPCI signed the Contract for Construction on April 18, 1998, with LWUA's approval.
    • An Amendment to the Construction Contract was made on July 21, 1998, approved by LWUA, who also issued Notice to Proceed.
    • The Project was temporarily suspended in February 1999 due to design revisions, confirmed by Sato.
    • A Memorandum of Agreement (MOA) was signed by LWUA, BCWD, and RDPCI on July 24, 2001, specifying payment terms.
    • A Supplemental Agreement was executed on September 14, 2001, extending completion time and adjusting contract price; LWUA approved and issued Notice to Proceed.
  • Dispute and Arbitration Proceedings
    • RDPCI claimed completion of work and demanded payment from BCWD and LWUA.
    • BCWD did not pay, prompting RDPCI to file a complaint with the Construction Industry Arbitration Commission (CIAC).
    • BCWD initially moved to dismiss for lack of jurisdiction but withdrew the motion.
    • LWUA failed to answer RDPCI's complaint but responded to BCWD's cross-claim.
    • BCWD sought to be dropped as a party, opposed by RDPCI.
  • CIAC Ruling
    • On April 1, 2011, CIAC awarded RDPCI monetary claims totaling PHP 84,439,378.18, holding LWUA solidarily liable with BCWD.
    • CIAC found LWUA acted more than an agent; it was a co-owner actively managing key functions such as contract amendment, payment disbursement, and project acceptance.
  • Court of Appeals (CA) Decision and LWUA's Appeal
    • CA affirmed CIAC decision on December 17, 2012, dismissing LWUA's petition, emphasizing LWUA's substantial role beyond a mere agent.
    • CA noted LWUA's dominant control over contractual approvals and project stages.
  • Present Supreme Court Petition
    • LWUA filed a Petition for Review on Certiorari questioning its liability and party status in the Construction Contract.

Issues:

  • Whether LWUA is a party to the Construction Contract.
  • Whether LWUA is solidarily liable with BCWD under the Construction Contract.
  • Whether LWUA is liable to pay attorney's fees and costs of arbitration.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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