The Commission on Audit (COA) has granted the motion for reconsideration filed by DMCI Project Developers, Inc. (DMCI PDI) and approved the firm’s P843.1 million money claim from the Bases Conversion and Development Authority (BCDA) and North Luzon Railways Corporation.

DMCI PDI contested the COA Decision No. 2023-418 which it received on July 19, 2024. The said decision dismissed the firm’s money claim against BCDA and North Luzon Railways Corporation for lack of jurisdiction.

In its decision, the COA ruled that the money claim was prematurely filed as the amount contested by the parties has yet to be decided by the Court of Appeals (CA).

On Aug. 16, 2024, DMCI PDI filed its motion for reconsideration. It argued that a confirmed arbitral award is akin to a final and executory decision of the trial courts and is not stayed by any subsequent appeal.

The firm also argued that since the CA did not issue any order or resolution in enjoining the execution of the final award, nor did BCDA post the required bond executed in favor of DMCI PDI, the COA's approval of the money claim against the BCDA should proceed.

The COA found the motion impressed with merit.

"In this case, DMCI PDI presented sufficient proof that its claim has been affirmed and approved by the CA through its Decision dated March 26, 2025 in CA-G.R. SP Nos. 169497 and 171522, which granted the Joint Motion and rendered judgment based on the Compromise Agreement entered into by the parties on January 17, 2025," the COA said.

Thus, the COA said: “The judgment approving the Compromise Agreement has become final and executory, and no restraining order or injunction was issued against its enforcement. Moreover, BCDA and Northrail themselves are parties to the said agreement, signifying voluntary acquiescence to the settlement and the amounts therein."

It noted that it has no jurisdiction to revisit or review the findings of the CA, much less disturb the finality of the judgment rendered.

It also said the subsequent approval of the new Compromise Agreement by the CA constitutes a supervening event that effectively cured any prior procedural concerns raised in COA Decision No. 2023-418 regarding the premature filing of the petition for money claim.

"Accordingly, this Commission finds sufficient legal and factual basis to grant the MR and approve the money claim of DMCI PDI pursuant to the final and executory judgment of the CA," it ruled.

The seven-page decision was signed by Chairperson Gamaliel A. Cordoba and Douglas M.N. Mallillin.