Provincial government files motion on RTC ruling on CICC

CEBU, Philippines - The Cebu provincial government asked the Regional Trial Court to reconsider its decision ordering the Capitol to pay the WT Construction P263 million for the additional work on the Cebu International Convention Center (CICC).

In its 12-page motion for reconsideration filed yesterday, the capitol, through Governor Gwendolyn Garcia, argued that the court erred in ruling that the unpaid amount for additional works on CICC is P263 million.

“With due respect to this Honorable Court, the reasonable value of the subject CICC additional work done by the plaintiff is only P257,413,911.73,” the motion said.

The motion was prepared by Provincial Attorney Marino Martinquilla and the computation was done by the technical staff from the contractor and the Capitol.

The appraisal report shows that the claim of WT Construction is P261,217,978.80. But after the joint evaluation was done, the amount, however, went up to P263,263,261.41.

But following the evaluation by the provincial government, the total amount is P257,413,911.73.

The motion said the P263 million that the court granted to the contractor “is not reflective of the reasonable and agreed cost of the additional work.”

It stated: “While said amount reflects the quantity valuation…some of the quantities were done not in accordance with the required plans and specifications, as admitted by the plaintiff’s technical representatives of the projects and are, therefore, unauthorized and unnecessary for the intended works.”

The provincial government said that the “unauthorized and unnecessary work quantities should be excluded in the valuation of the subject additional works.”

“Otherwise, any other contractor for that matter could just introduce any unauthorized and unnecessary works on the project and claim for its value even if the same is not in accordance with the plans and work specifications and would not in any add to the structural or construction integrity of the project,” the petition said.

The provincial government claimed that the price evaluation of P257 million “has been pegged, determined and agreed by the appraisers as the reasonable and actual price valuation” for the additional works.”

It also countered the court ruling that there is a “valid, binding and perfected oral contract” between the contractor and the Capitol.

“The evidences presented and facts established clearly show that there is no contract, written or oral, between the parties, authorizing the plaintiff to do and perform said additional works,” it stated.

Citing Article 1305 of the Civil Code of the Philippines, the Capitol said, “a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service.”

The motion said that the additional works claimed by the plaintiff did not pass the bids and awards Committee (BAC) nor approved by the governor or her authorized representative. — Garry B. Lao/LPM  (THE FREEMAN)