The Commission on Audit (COA) has ordered the Philippine Postal Corporation (PhilPost) to pay Filmetrics Corporation P47.2 million for the delivery and set up of the Biometric Data Service Facility (BDSF) in 2010.
Filmetrics filed a petition for money claim against PhilPost due to the reported non-payment of the Postal Identification (PID) and Social Security System (SSS) Unified Multi-Purpose Identification (UMID) Card Biometrics Capture Projects in the amount of P63,508,111.39.
The issue stemmed from the Joint Venture Agreement (JVA) between the firm and PhilPost on Sept. 4, 2009 for the setup of BDSF nationwide.
Under the JVA, PhilPost has the option to utilize the BDSF for its own use. Filmetrics and PhilPost executed the Implementing Memorandum of Agreement (IMOA) dated Nov. 11, 2014 for the utilization of BDSF for purposes of registration, processing, and issuance of PID.
The SSS also contracted the services of PhilPost for the data capture services in relation to the UMID Card in 2010 using the BDSF. The last contract that was signed between the PhilPost and SSS was the Services Agreement dated Sept. 15, 2021.
When Filmetrics demanded payment of billings and services already rendered, the PhilPost Board of Directors (BOD) refused to release the payments and reasoned that the JVA and IMOA have already expired on Sept. 15, 2022 and Sept. 7, 2021, respectively. The BOD said that their approvals were only until the said dates.
On the other hand, Filmetrics argued that extensions were granted by PhilPost's former Postmaster General, Norman N. Fulgencio, until Jan. 7, 2023.
An undated Compromise Agreement was struck between both parties to settle the claims of Filmetrics amounting to P55,153,041.49, or such amount as may be confirmed by the COA.
The petition for money claim was then filed on Nov. 13, 2023, which the COA partially granted.
The COA said there is no existing written agreement between Filmetrics and PhilPost since both the JVA and IMOA have already expired on Sept. 15, 2022 and Sept. 7, 2021, respectively. The extensions that were granted by the former postmaster general also lacked the approval of the BOD, it also said.
However, the COA said there is no disputing that Filmetrics rendered its services to PhilPost and the services remained unpaid.
"In this case, Filmetrics submitted sufficient documents to establish the validity of the money claim. Thus, this Commission gives due consideration to the claim based on equity and substantial justice applying the principle of quantum meruit," the COA's decision stated.
But instead of the P63,508,111.39 being demanded by Filmetrics, the COA granted only P47,269,916.10 which represents the payment for the delivery of the BDSF. The ancillary claims for the payment of attorney's fee and the cost of suit were dismissed for lack of jurisdiction.