CASE 2019-0051: SOCRATES C. FERNANDEZ, IN HIS CAPACITY AS MAYOR OF THE CITY OF TALISAY VS. COMMISSION ON AUDIT (G.R. NO. 205389. 19 NOVEMBER 2019, INTING, J.) (SUBJECT/S: BIDDING; COA DISALLOWANCE; QUATUM MERUIT) (BRIEF TITLE: FERNANDEZ VS COA)

 

 DISPOSITIVE:

 

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SUBJECTS/DOCTRINES/DIGEST:

 

WERE THE PETITIONERS DEPRIVED OF DUE PROCESS?

 

NO BECAUSE THEIR APPEAL WAS GIVEN DUE COURSE.

 

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WHAT IS GRAVE ABUSE OF DISCRETION?

 

SUCH CAPRICIOUS AND WHIMSICAL EXERCISE OF JUDGMENT. THERE IS ARBITRARINESS. OR EXERCISE OF POWER IN A DESPOTIC MANNER.

 

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WHAT ARE THE ALLOWED CONDITIONS FOR DIRECT CONTRACTING WITHOUT BIDDING?

 

AS FOLLOWS:

 

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POWERDEV HAS ALREADY DONE WORKS. DESPITE THE DISALLOWANCE, WILL THEY STILL BE PAID?

 

YES UNDER THE PRINCIPLE OF QUANTUM MERUIT. OTHERWISE, THE CITY OF TALISAY WILL BE UNJUSTLY ENRICHED.

 

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TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

 

SCD-2019-0051-Socrates C. Fernandez, in his capacity as Mayor of the City of Talisay Vs. Commission on Audit

 

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