Title
A. C. Esguerra and Sons vs. Aytona
Case
G.R. No. L-18751
Decision Date
Apr 28, 1962
A.C. Esguerra & Sons challenged a warehouse contract awarded to A.R. Reyes & Co. after public bidding. The Supreme Court upheld the Secretary of Finance's authority to modify bid terms, ruling the award valid and favoring the government's discretion.
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Case Summary (G.R. No. L-18751)

Background of the Case

  • A. C. Esguerra & Sons operated warehouses in the customs zone under a contract with the Bureau of Customs.
  • The contract was initially signed on August 22, 1956, and extended on July 25, 1957.
  • As the contract was nearing expiration, the Secretary of Finance directed a public bidding for the operation of the warehouses.
  • The bidding invitation was published in local newspapers on March 14, 21, and 28, 1960.
  • Various bids were submitted, with A. R. Reyes & Co. offering a conditional bid based on gross income.

Bidding Process and Award

  • A bidding committee evaluated the proposals and recommended A. R. Reyes & Co.'s bid as the most favorable to the government.
  • The Secretary of Finance approved the recommendation but modified the terms of the bid, ensuring a fixed government share of 55% regardless of gross income.
  • A. C. Esguerra & Sons was notified of the award and asked to prepare for the transfer of operations.

Legal Action Initiated by A. C. Esguerra & Sons

  • A. C. Esguerra & Sons sought a writ of certiorari against the Secretary of Finance and the Commissioner of Customs to restrain the enforcement of the contract with A. R. Reyes & Co.
  • The petition was amended to declare the contract null and void, and a preliminary injunction was issued by the court.

Arguments Presented in Court

  • Respondents argued that the government would incur significant losses if the injunction remained in place, as the new bidder would pay a higher percentage of gross income.
  • The trial court ruled in favor of A. C. Esguerra & Sons, stating that the Secretary of Finance exceeded his authority by altering the bid conditions.

Court's Rationale and Findings

  • The court found that the Secretary of Finance's modification of the bid was improper, as it altered the original terms without proper authority.
  • However, the appellate court disagreed, noting that the modification was a mere elimination of surplusage, given the historical income of the warehouses.
  • The court emphasized that the government had the discretion to reject any and all bids, a principle well-established i...continue reading

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