COA orders DICT to pay P366.9-M for internet subscription services in 2024
The Commission on Audit (COA) has granted the P366.9 million money claim filed by the joint venture of Comclark Network and Technology Corp., We Are It Philippines Inc., and Telered Technologies & Services Corp. for the services rendered to the Department of Information and Communications Technology (DICT) in 2024.
The services rendered were from Feb. 15, 2024 to May 4, 2024 under the Universal Internet Subscription for Geographically Isolated and Disadvantaged Areas (UIS-GIDA) Lot-B, per Contract Agreement No. CA-2023-026 in the total amount of P366,948,778.76.
However, the DICT failed to make payment as the services were not covered by a signed extension or signed contract.
The COA gave due course to the petition and granted the claim under the principle of quantum meruit or “as much as one deserves.”
"Equity dictates that petitioner be paid for the services it has rendered, to deny payment would amount to sanctioning an unjust situation wherein the respondent (DICT) and the public will benefit at the expense of the Joint Venture. Nevertheless, there is still a need to substantiate such a claim and enable the COA to ascertain the value of the services rendered," the decision stated.
It said that in the money claim case, the actual delivery of internet subscription services was established by Monthly Inspection Reports and Service Level Agreement Reports, which were signed and approved by DICT officers.
"All told, considering the submissions of both parties and the favorable recommendation of the audit team leader, the supervising auditor, and the cluster director, this Commission resolves to grant the petition for money claim in the amount of P366,948,778.76, subject to availability of funds and the usual accounting and auditing rules and regulations," the decision said.
The nine-page decision was signed by Chairperson Gamaliel A. Cordoba and Commissioner Douglas M.N. Mallillin.