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SAYSON vs.

SINGSON
G.R. No. L-30044

Facts: Public bidding was conducted for the requisition of various items of spare parts for the
repair of D-8 bulldozer. Committee on Award accepted the bid of the respondent and
subsequently approved by Sec. Of Public Works and Communications. Subsequently, Secretary
sent a letter-order to respondent requesting it to immediately deliver the items to which
respondent immediately rendered.

During the payment process, voucher for the said purchase signed by the district engineer, in
due course was pre-audit by Auditor Sayson, thus after finding the said voucher was approved
by no less than Sec. of Public Works and Communication, Sayson approved the said voucher
with the condition to temporarily retain the remaining 20% to which he submitted to Supervising
Auditor.

Voucher was paid, however, Sayson received a telegram from the Supervising Auditor that
upon canvass made in the United States, they found out that price of the said parts is way
overpriced by around Php 40,000.

In view of the over-pricing auditing office took up the matter to Sec. of Public Works hold the
district engineer for overpricing and malversation. Singson filed a mandamus to RTC compelling
the payment of the 20% balance, predicated in the contract. RTC affirmed. Which led to this
petition to SC.

Issue: Whether or not based on the foregoing facts, respondent has the right to claim the
remaining receivables against the govt.

Held: Respondent cannot file a suit to compel the government to release the remaining 20%.
The claim is void for the cause or consideration is contrary to law, morals or public policy,
mandamus is not the remedy to enforce the collection of such claim against the State.
Mandamus to compel the auditors to approve the vouchers for payment, is a suit against the
state, which cannot be prosper or be entertained by the Court except with the consent of the
State. Respondent should just have filed his claim with the General Auditing Office. There is
nothing to prevent the State, however, in such statutory grant, to require that certain
administrative proceedings be had and exhausted. Here, there was no ruling of the Auditor
General. Even had there been such, the court to which the matter should have been elevated is
this Tribunal; the lower court could not legally act on the matter.

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