JHUNICKO Garilva, owner of catering firm Garilva Recreation Center (GRC), prepared and deliv-ered 10,812 meals for breakfast, lunch, and dinner during the height of the COVID-29 pandemic from September 11 to December 24, 2021.
Almost four years later, he is still waiting for payment from the municipal government of Con-cepcion, Iloilo.
In a six-page en banc decision released last week, the Commission on Audit granted his com-pensation claim and ordered the local government unit to pay up.
Records showed Garilva’s catering services were tapped by the LGU on September 9, 2021 to provide packed meals for personnel and individuals quarantined at its Kontra COVID-19 Isolation Facility at an agreed price of P1,098,000.
The municipality said the isolation of suspected COVID-19 cases was in compliance with the Philippine Health Insurance Corp (PhilHealth) Circular No. 2020-0012 to provide health services and operationalize the PhilHealth COVID-19 Community Isolation Benefit Package.
According to Garilva’s billing invoice, he delivered 3,592 packed breakfasts, 3,542 lunches, and 3,677 dinners or a total of 10,812 meals during the three-month period.
Based on the purchase order, however, the municipality only listed 10,800 packed meals that were acknowledged in its Acceptance and Inspection Report (AIR).
On Christmas Eve 2021, GRC issued a billing invoice to the municipal government asking for payment for the meals delivered and received. However, despite repeated demands, the local government failed to pay even as it admitted the procurement contract.
The municipal government said paying for the meals is an obligation of the PhilHealth but in the absence of a contract among the catering firm, PhilHealth and itself, the municipality of Con-cepcion said no civil liability will attach to it.
Still, it issued a certification that it has available funds of only P202,041 from the PhilHealth COVID-19 Isolation Benefit Package.
In its ruling, the COA en banc swept aside the municipal government’s attempt to pass on its obligations to PhilHealth.
“It is undisputed that the contract was between the municipality and GRC as shown in the PO [purchase order]. The PO, billing invoices, and AIRs submitted by GRC show that it delivered the meals contracted and the same were duly received by the municipality. The delivery and receipt for these meals were admitted by the municipality,” the Commission pointed out.
Regardless of the slight discrepancy on the number of meals delivered and consumed based on the billing invoice and the AIR, the COA said the municipality’s obligation is unchanged at P1,098,000.
“The municipality benefited from the aforementioned deliveries. The claim is substantiated with the required documentation; thus, justice and equity dictate that the claimant should be com-pensated for the delivered meals. To deny the claim would result in the municipality’s unjust enrichment at the expense of GRC,” the COA added.
