Dissension in the Court: March 2011

The following is a summary of a recent decision promulgated by the High Court in March 2011 where one Justice felt compelled to express her dissent from the decision penned by the ponente.

1. An Uncooperative Audit (Villarama vs. Sereno)

The case of Verzosa vs. Carague involves the Cooperative Development Authority (CDA) and an uncooperative Commission of Audit (COA).

Sometime almost twenty years ago, the CDA conducted a public bidding for the supply to the CDA of computer equipment and peripherals. The three entities that took part were Tetra Corporation-Trigem Computers (Tetra), Microcircuits Co. (Microcircuits), and Columbia Computers (Columbia).

Following the bidding, the evaluation (which also included a technical evaluation made by the Development Academy of the Philippines (DAP) at the request of the CDA) and the ensuing approval given by Candelario L. Versoza, Jr. as the CDA’s Executive Director, in December 1992, Tetra was awarded the supply contract for the total amount of P2,285,279.00, which was eventually paid by the CDA to Tetra.

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