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being denied payment for additional costs by not giving the other party prior notice
of such costs and/or by not securing their written consent thereto, as required by
law and their contract. The court finds no cogent reason to lift the injunction issued
in
Uys argument that the claims are different from his previous appeal because the
facts remain the same.
REPUBLIC VS LACAP
G.R. No. 158253
March 2, 2007
Facts:
The District Engineer of Pampanga, issued and duly published an invitation to bid,
where Lacap was awarded as the lowest bidder. Accordingly, the latter undertook
the works, made advances for the purchase of materials and payment for labor
costs.
On October 29, 1992 the office of the DE issued Certification of Final Inspection and
Acceptance for 100% completion of project in accordance with specifications.
The respondent sought to collect payment but Department of Public Works and
Highways withheld payment after the District Auditor of Commission on Audit
disapproved final release of funds on the ground that contractors license had
expired.
Opinion of the DPWH Legal Department was sought by the District Engineer. The
former then responded that RA No. 4566 does not provide that a contract entered
into after the license has expired is void and that there is no law which expressly
prohibits such a contract void. Furthermore, Cesar D. Mejia, Director III of the
Legal Department in a First Indorsement, recommended the payment should be
made to Carwin Construction. However, no payment was made.
On July 3, 1995, respondent filed the complaint through Office of the Solicitor
General for Specific Performance and Damages against petitioner before the RTC.
Petitioner filed a Motion to Dismiss the complaint on September 14, 1995 on the
grounds that complaint states no cause of action and RTC had no jurisdiction since
respondent did not appeal to COA. RTC denied the Motion to Dismiss.
The OSG filed a Motion for Reconsideration but was likewise denied by RTC, in its
order on May 23, 1996. On August 5, 1996, the OSG filed its Answer invoking
defense of non-exhaustion of administrative remedies and doctrine of non-suability
of the State.
Following the trial, the RTC rendered on February 19, 1997 its decision ordering the
DPWH to pay the contract price plus interest at 12% from demand until fully paid
and the costs of the suit.
Issue: Whether or not a contractor with an expired license at the time of execution
Costan. Inok. Nalla. Tacder. Yanong- JMC. PFR.
When a lawyer collects or receives money from his client for a particular purpose
(such as for filing fees, registration fees, transportation and office expenses), he
should promptly account to the client how the money was spent. If he does not use
the money for its intended purpose, he must immediately return it to the client. His
failure either to render an accounting or to return the money (if the intended
purpose of the money does not materialize) constitutes a blatant disregard of Rule
16.01 of the Code of Professional Responsibility.
Respondent is hereby ORDERED to return to complainant Dolores C. Belleza the
amounts of P30,000 and P18,000 with interest at 12% per annum from the date of
promulgation of this decision until full payment. Respondent is further DIRECTED to
submit to the Court proof of payment of the amount within ten days from payment.
Failure to do so will subject him to criminal prosecution.
In view of the foregoing, the Court ordered that he be DISBARRED from the
practice of law and to return to complainant the amounts of P30,000 and P18,000
with interests.