Back

COMELEC, Chairman Benipayo, et al vs Judge Ma Luisa Quijano-Padilla & Photokina Marketing

COMMISSION ON ELECTIONS, COMELEC CHAIRMAN ALFREDO L. BENIPAYO, COMELEC COMMISSIONERS RESURRECCION Z. BORRA and FLORENTINO A. TUASON, JR., petitioners, vs. JUDGE MA. LUISA QUIJANO-PADILLA, REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 215 and PHOTOKINA MARKETING CORP., respondents.

G.R. No. 151992 | 2002-09-18

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

The contracting prerogative of public officers is circumscribed with a heavy burden of responsibility. They must exercise utmost caution and observe the law in order to protect the public from unjust and inequitable government contracts.

The case at bar provides us with another occasion to stress that with respect to government contracts, statutes take precedence over the public officers' freedom to contract. Here, the primordial question to be resolved is -- may a successful bidder compel a government agency to formalize a contract with it notwithstanding that its bid exceeds the amount...