Case Digest (G.R. No. 182267)
Facts:
Taisei Shimizu Joint Venture (TSJV), a consortium of two Japanese corporations formed to construct the New Iloilo Airport, entered into a contract with the Department of Transportation (formerly the Department of Transportation and Communication) on March 15, 2004. After project completion, TSJV’s final billings went unpaid, prompting it to file a Request for Arbitration with the Construction Industry Arbitration Commission (CIAC) on December 11, 2014, seeking over Php2.3 billion in various money claims. The CIAC’s Final Award (December 11, 2014) granted Claims 1, 3, 4, 5, and 8 totaling Php223,401,870.83 plus 6% interest; an Order of February 20, 2015 corrected the interest component, reducing the award to Php216,073,986.89. TSJV moved to execute the award, but the Department of Transportation resisted, insisting that payment required prior approval of the Commission on Audit (COA). After the CIAC directed execution, garnishments were served but banks deferred, citing COA’s “coCase Digest (G.R. No. 182267)
Facts:
- Background of the Contract
- On March 15, 2004, petitioner Taisei Shimizu Joint Venture (TSJV) entered into a construction contract with the Department of Transportation (DOTr) for the New Iloilo Airport Project.
- Upon project completion, several billing claims by TSJV remained unpaid, prompting TSJV to seek redress.
- CIAC Arbitration
- TSJV filed Request for Arbitration with the Construction Industry Arbitration Commission (CIAC) in 2014, asserting eight money claims totaling Php 2,316,687,603.03 (plus interest and VAT).
- The CIAC’s Final Award (Dec. 11, 2014) granted Claims 1, 3, 4, 5, and 8 amounting to Php 223,401,870.83 plus 6% interest per annum.
- On DOTr’s motion for correction, the CIAC Order (Feb. 20, 2015) reduced Claim 3, resulting in a final award of Php 216,073,986.89.
- TSJV sought execution; the CIAC issued a writ of execution, but garnishment attempts failed as DOTr agencies deferred to COA approval.
- COA Proceedings
- TSJV petitioned the Commission on Audit (COA) for enforcement and payment of the arbitral award. DOTr, via OSG, admitted the award’s amount and finality.
- By Decision No. 2016-395 (Dec. 21, 2016), COA approved only Claim 4 (Php 104,661,421.35) and disallowed Claims 1, 3, 5, and 8 for alleged non-compliance with RA 9184, PD 1594, EO 40, and the Rules of Court.
- TSJV’s partial motion for reconsideration was denied by COA Resolution No. 2018-047 (Jan. 22, 2018), with COA reaffirming disallowance; COA Chairperson dissented, opining COA cannot modify final awards.
Issues:
- Does the COA have exclusive jurisdiction over money claims due from or owing to the government?
- May the COA, in exercising its audit power, disturb final and executory decisions of courts or other adjudicative bodies?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)