Republic of the Philippines

COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City

HIGH PROFILE SECURITY

AGENCY, INC.
Petitioner,
COA CP Case No. ________

-versus-

THE PROVINCE OF ANTIQUE, For: Money Claim

THROUGH ITS GOVERNOR,
HON. RHODORA J. CADIAO,
Respondent.

PETITION
PETITIONER, through counsel and unto this Honorable Office, most
respectfully states that:

BRIEF STATEMENT OF THE CASE

1. The instant petition involves a money claim against the Province of

Antique, through its Governor, the Hon. Rhodora J. Cadiao, for
payment of the total amount of Php Nine Hundred Ninety-four
Thousand Five Hundred Twenty-eight pesos and 19/100 (Php
994, 528. 19), representing the contract price for security services
provided by the petitioner, High Profile Security Agency, Inc,
covering the period of _______.
2. Petitioner already provided the security services, and all that
remains to be done is the respondent’s obligation to pay the
contract price.

3. The petition is being filed in view of the respondent’s refusal to

comply with the petitioner’s demand for payment of the contract
price in the amount of Php 994, 528. 19.

PARTIES

4. Petitioner High Profile Security Agency, Inc. is a corporation duly

organized and existing under Philippine laws, with office address
and principal place of business at Villavert St., San Jose, Antique.
It may be served with legal process at the address of the
undersigned counsel, as indicated below.

5. Respondent Province of Antique is a local government unit with

the power to sue and be sued. It is, in this case, being impleaded
as a respondent through its Local Chief Executive and Head of the
Procuring Entity (HOPE), Governor Rhodora J. Cadiao. She may
be served the necessary legal processes at the Office of the
Governor, Antique Provincial Capitol, San Jose de Buenavista,
Antique.

6. A copy of this petition is also being furnished to the Legal Officer

of the Province of Antique, the Hon. Junnie Vee D. Hongco. He
may also be served the necessary legal processes at the Antique
Provincial Capitol, San Jose de Buenavista, Antique.

STATEMENT OF FACTS

7. Petitioner is engaged in the security services business under the

name High Profile Security Agency, Inc.

8. Petitioner is represented herein by its Chairman of the Board /

Treasure in Trust, Robert A. Mequila. Copies of his affidavit and
the Secretary’s certificate relecting the authority to institute the
instant case are attached hereto as Annexes “A” and “A-1”,
respectively.
9. Copies of the petitioner’s Certificate of Incorporation, issued by
the Securities and Exchange Commission, and Mayor’s Permit
for Permit Year 2020, issued by the Mayor of the Municipality of
San Jose de Buenavista, Antique, are attached hereto as Annexes
“A-2” and “A-3”, respectively.

10. Petitioner and respondent entered into a contract for security

services for the period of October 06, 2020 to December 31, 2020.
The antecedent event are as follows:

11. Sometime in September 2016, respondent invited suppliers and

contractors to bid for a contract (hereafter, “the contract” for brevity)
for the procurement of security services for the period of October
06, 2020 to December 31, 2020. A certified true copy of the
Invitation to Bid with IB No. _____ is attached hereto as Annex
“A-4” and made an integral part hereof.

12. The approved budget for the contract (ABC) was _____.

13. Petitioner purchased the bid documents (O.R.) and, thereafter,

submitted a bid for the contract. A certified true copy of the bid is
attached hereto as Annex “A-4-a”, and made an integral part
hereof.

14. The bid was opened on ________.

15. Petitioner’s bid was proposed for a total contract price of ______.

16. The Bids and Awards Committee of the Province of Antique

(hereafter, “PBAC” for brevity) reviewed and evaluated the
petitioner’s bid, declared that it was the single calculated and
responsive bid, and recommended that the contract be awarded to
the petitioner. Certified true copies of the Post Qualification
Report for IB No. ______ and BAC Resolution No. _____ s. of
2020, dated ______, are attached hereto as Annexes “A-5” and “A-
6”, respectively, and made integral parts hereof.

17. The contract was awarded to the petitioner for the contract price
of __________. Certified true copies of the Notice of Award, dated
September 21, 2020, and Purchase Order No. _______ are
 attached hereto as Annexes “A-7” and “A-8” and made integral
parts, hereof.

18. As instructed in the Notice of Award, the petitioner posted a

performance bond.

19. Thereafter, the respondent instructed the petitioner to proceed

with the security services. A certified true copy of the Notice to
Proceed dated October 06, 2020 is attached hereto as Annex “A-
9” and made an integral part hereof.

20. Petitioner provided the security services for the duration of two
(2) months, October 06, 2020 to December 05, 2020, as required
under the contract. A certified true copy of the Acceptance and
Inspection Report with A.I.R. No. ___________ is attached hereto
as Annex “A-10” and made an integral part hereof.

21. Several months after the petitioner provided the catering

services, it had not yet been paid the contract price.

22. As to this date, no payment was received by the petitioner for the
security services provided for the contract period of , October 06,
2020 to December 05, 2020, with a total amount of Php Nine
Hundred Ninety-four Thousand Five Hundred Twenty-eight pesos
and 19/100 (Php 994, 528. 19). Hence, this petition.

GROUNDS FOR THE PETITION

RESPONDENT IS OBLIGATED TO PAY THE PETITIONER THE

CONTRACT PRICE OF PHP 994, 528. 19, HAVING FREELY AND
VOLUNTARILY ENTERED INTO A CONTRACT PRICE FOR
CATERING SERVICES, WITH THE LATTER, FOR THE SAID
PRICE;

RESPONDENT IS OBLIGATED TO PAY THE PETITIONER THE

CONTRACT PRICE OF PHP 994, 528. 19, CONSIDERING THAT
THE PETITIONER HAD ALREADY PERFORMED ITS
OBLIGATIONS UNDER THE CONTRACT AND THE
RESPONDENT ALREADY BENEFITED THEREFROM.
 DISCUSSION

23. Being interrelated, the aforementioned grounds are discussed

hereunder, simultaneously.

24. Respondent freely and voluntarily entered into a contract with

the petitioner. The latter already supplied the security services, as
required under the said contract, thus discharging its obligations.
It is now incumbent upon the respondent to pay the contract price
agreed upon by both parties.

25. Obligations arising from contracts have the force of law

between the contracting parties and should be complied in good
faith.1

26. A government contract is essentially similar to a private contract

contemplated under the Civil Code, and the same elements of
consent, object, and consideration must likewise concur. 2

27. The essential elements of a contract are all present in this case.
The object thereof was the supply of security services by the
petitioner. In its bid submitted to the PBAC, petitioner specified the
services to be provided.

28. The consideration for the contract was the payment of Php
_____. Notably, this was within the respondent’s own ABC of Nine
Hundred Ninety-four Thousand Five Hundred Twenty-eight pesos
and 19/100 (Php 994, 528. 19).

29. Petitioner’s bid clearly stated the proposed consideration in the

total amount of Php 994, 528. 19, and further indicated the proposed
unit cost for the services/items to be provided/

30. Thus, the proposals for the intended object of the contract and
its consideration were clear. The parties were aware of what was
being offered, and they knew the price proposed therefore.

1 Article 1159, Civil Code of the Philippines.

2
31. That the parties consented to the foregoing terms is also beyond
dispute, as established by BAC Resolution No. _____________,
the Notice of Award, Purchase Order No. ________, and the
Notice to Proceed.

32. Thereafter, the head of the procuring entity approved and

awarded the contract to the petitioner for the contract price of Php
994, 528. 19.

33. Purchase Order No. ________ which was also signed by the
representatives of both parties, explicitly enumerates the services
to be provided and the total consideration.

34. Considering the foregoing, it is abundantly clear that the parties

herein had freely and purposely agreed to all the terms of the
contract, including the contract price in the amount of Php 994, 528.
19.
35.