Zamboanga city: The Court of Appeals (CA) has dismissed a suit filed by a private firm against the Construction Industry Arbitration Commission (CIAC) and the Zamboanga City Water District (ZCWD) over a PHP148 million contract. In its 19-page decision, the CA's Third Division dismissed the petition by Eco-System Technologies Inc (ESTI) questioning the CIAC in its handling of its case against the ZCWD where the water firm was initially ordered to pay PHP148 million for work done.

According to Philippines News Agency, the firm claims the CIAC Arbitral Tribunal gravely abused its discretion when it did not conduct further proceedings to calculate the total amount of compensation payable by ZCWD to ESTI. Among other things, ESTI claims that the arbitral tribunal disregarded its claims for payment for the restoration works and additional works in the amount of PHP53.80 million.

The CA deemed it proper to remand the case to the CIAC "for further proceedings to calculate the total amount of compensation based on the evidence presented by the parties." On Dec. 05, 2023, ESTI filed a Motion for Recomputation with the CIAC. However, on Feb. 4, 2024, the CIAC ruled that ESTI is not entitled to payment of its claims on restoration works and additional works in the amount of PHP53.80 million as it was neither approved nor effected.

In dismissing ESTI's petition, the CA said it found the evidence presented by ESTI utterly lacking to be able to support its claims. "Considering that the arguments presented by ESTI focus mainly on evidentiary matters that go into the merits of its claims, this Court is in no position to review the same in the absence of any of the limited grounds that would warrant a factual review of the Assailed Resolution. The Arbitral Tribunal's alleged gross misapprehension of facts is not the grave abuse of discretion contemplated under the law to warrant an action for certiorari against the CIAC Arbitral Tribunal," the CA stated in its decision.

"In view of the foregoing, no grave abuse of discretion may be imputed against the CIAC Arbitral Tribunal in issuing the Assailed Resolution. For the same reasons, this Court is without jurisdiction to grant ESTI's claims for an omnibus order, which includes the unappealed portion of the CIAC Final Award as well as the retention amount in ESTI's favor," the CA concluded.