G.R. No. 116463 - Republic vs. Court of Appeals

The dispute involves the Republic of the Philippines through the Department of Public Works and Highways (DPWH) and Navotas Industrial Corporation (NIC), a contractor engaged in dredging operations.
On November 27, 1985, then-Public Works and Highways Minister Jesus Hipolito requested the release of P800 million from President Ferdinand E. Marcos to finance dredging, flood control, and related projects across Metro Manila, Bulacan, Pampanga, and Leyte.
From the approved funds, P615 million was allocated to projects in the National Capital Region, and DPWH awarded NIC approximately P194,454,000.00 in four separate contracts for dredging work to be completed within 350 calendar days.

NIC alleged that the work was carried out in accordance with specific work schedules and plans approved by DPWH, claiming to have completed 95.06 percent of the total volume or worth P184,847,970.00 in services.
Despite its performance, NIC maintained that DPWH had only paid 79.22 percent of the accomplished work, leaving a balance of P30,799,676.00 unpaid.

On September 20, 1988, NIC filed a complaint for a sum of money before the Malabon trial court (Civil Case No. 1153-MN) seeking payment for the allegedly accomplished work.
In its answer, the DPWH contended that NIC was not entitled to the amount claimed.
Shortly after the February 1986 Revolution, DPWH created a fact-finding committee to audit flood control projects and related contracts, which during its investigation questioned the validity of NIC’s dredging contracts.

The DPWH fact-finding committee discovered irregularities, such as the allegation that NIC began work prior to the award of the contracts and that the contracts were awarded without a public bidding process.
It was further alleged that NIC, through its officers, conspired with certain DPWH officials to falsify documents to misrepresent the actual work performed, enabling NIC to collect P146,962,072.47 from DPWH.
On July 14, 1986, a case for estafa through falsification of public documents and for violation of Republic Act No. 3019 was filed with the Office of the Tanodbayan (now the Special Prosecutor), and subsequently, the Ombudsman approved the resolution finding probable cause, leading to the filing of Informations with the Sandiganbayan in Criminal Cases Nos. 16889-16900.

On April 14, 1993, DPWH filed a motion before the Malabon trial court to consolidate Civil Case No. 1153-MN with the criminal cases pending before the Sandiganbayan.
On June 18, 1993, the Malabon trial court resolved to deny the motion for consolidation.
Subsequent motions for reconsideration were filed, which were also denied by the Malabon trial court on November 7, 1993.
On January 19, 1994, DPWH filed a Petition for Certiorari, Prohibition, and Mandamus with the Court of Appeals challenging the denial of consolidation, which was dismissed on July 18, 1994.
On September 12, 1994, DPWH filed a petition for review with the Supreme Court, eventually leading to the issuance of a temporary restraining order on September 26, 1994, suspending further hearings of the civil case in Malabon.

Whether the petition for review was filed on time considering that the last day for filing fell on a Sunday and a momentary delay occurred due to mailing.

Whether the Court of Appeals erred in refusing to consolidate Civil Case No. 1153-MN with Criminal Cases Nos. 16889-16900 under Section 4(b) of Presidential Decree No. 1606.
Whether the principle of consolidation, aimed at avoiding multiplicity of suits and reducing delay and expense, could apply given the distinct issues of jurisdiction between the civil and criminal cases.