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JurisprudenceG.R. No. 265163 -

G.R. No. 265163 - DEPARTMENT OF BUDGET AND MANAGEMENT AND DEPARTMENT OF BUDGET AND MANAGEMENT-PROCUREMENT SERVICE, VS. JOINT VENTURE OF OMNIPRIME MARKETING, INC., 2INTERACT MIDDLE EAST FZ-LLC, AND HEITECH PADU BERHAD, REPRESENTED BY ANNABELLE A. MARGAROLI.

Cited Laws

RA 9285,RA 9184RA 9285RA 876,RA 876
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TL;DR — Ruling

WHEREFORE , after considering the submissions/pleadings and the evidence presented by the parties, the Tribunal, in full and final resolution of the issues submitted for determination in this arbitration, hereby: - 1. Denies Claimant's prayer (i) to revoke Respondent's Order of Termination; (ii) to allow Claimant to proceed with the Contract; and (iii) for actual damages. 2. Directs Respondent to pay Claimant [PHP 80,000,000.

Decision

Ruling

WHEREFORE , after considering the submissions/pleadings and the evidence presented by the parties, the Tribunal, in full and final resolution of the issues submitted for determination in this arbitration, hereby: - 1. Denies Claimant's prayer (i) to revoke Respondent's Order of Termination; (ii) to allow Claimant to proceed with the Contract; and (iii) for actual damages. 2. Directs Respondent to pay Claimant [PHP 80,000,000.00] for works completed before contract termination that have remained unpaid. 3. Denies the claims for moral damages and attorney's fees. 4. Directs Respondent to pay Claimant [PHP 200,000.00] as temperate damages for the contract termination. 5. Directs the arbitrators' fees and costs of arbitration shall be equally apportioned between the parties and considering that Claimant had earlier advanced these amounts, directs Respondent to reimburse Claimant the total sum of [PHP 2,575,000.00], broken down as follows: [PHP 2,475,000.00] as arbitrators' fees and [PHP 100,00.00] as administrative fees. 6. Directs Respondent to pay legal interest at the rate of 6% per annum on all amounts awarded, counted from the date of the Award. Any and all claims not addressed in this Final Award are hereby denied. SO ORDERED.