Talisay files motion for reconsideration
CEBU, Philippines - The Talisay City government through the city legal office filed a motion for reconsideration before the Court of Appeals 19th Division in connection with the payment to A.S. Enriquez Engineering Consultancy’s services rendered to the city.
The engineering consultancy firm, which was contracted by the city government for the architecture and engineering designs of the project cost about P8.640 million of the New Talisay City Public Market in barangay Lagtang.
The CA 19th Division upheld the decision of the Regional Trial Court Branch 21 ordering the city government to pay A.S. Enriquez Engineering Consultancy P3.9 million, plus interest of 12 percent per year.
In the decision, which was promulgated last June 29, CA Associate Justice Edgar delos Santos said the city government violated its contract with the firm.
Talisay City Vice Mayor Alan Bucao, the council presiding officer, said that he has tasked council committee on laws chaired by Councilor Richard Francis Aznar to study the matter on the decision of the CA ordering the city to pay the engineering consultancy firm.
“We will coordinate with the city legal office regarding the matter,” Aznar told The Freeman.
Aznar said the city is looking for other legal remedies that can be exhausted.
City Councilor Romeo Villarante, who is a lawyer by profession, also said the best way to do it is to file a motion for reconsideration.
“For me, it’s best to file an appeal to the Supreme Court. Immediately order the city attorney to act on the appeal,” Villarante said.
In September 2003, the Talisay City government contracted A.S. Enriquez Engineering Consultancy for the architecture and engineering designs of the project.
The city also contracted A.S. Enriquez Engineering to undertake the project, which started in March 2004.
Mayor Socrates Fernandez issued a notice terminating the contract due to alleged major changes in the project on August 4, 2004.
The city and the firm then agreed to settle for P1,347,702 as partial payment from its total collectible of P5,277,319.55.
But the city refused to pay the P3,929,617.50 balance despite several demand letters sent by the firm. – THE FREEMAN
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