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Strategic Alliance Development Corporation Vs. Radstock Securities Limited and Philippine National Construction Corporation [CONCURRING OPINION, LEONARDO-DE CASTRO J.]

STRATEGIC ALLIANCE DEVELOPMENT CORPORATION, Petitioner, vs. RADSTOCK SECURITIES LIMITED and PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, Respondents. / ASIAVEST MERCHANT BANKERS BERHAD, Intervenor. [CONCURRING OPINION, LEONARDO-DE CASTRO J.]

G.R. No. 178158 | 2009-12-04

CONCURRING OPINION


Leonardo-De Castro, J.:

I concur in the ponencia of the Honorable Justice Antonio T. Carpio, subject to the following qualifications:

First, I do not believe that Section 36 of the Government Auditing Code grants government agencies any power to compromise, and thereby admit, any indebtedness of the government to another party. Section 36, as amended by Section 20, Chapter 4, Title I-B, Book V, E.O. No. 292 (the Administrative Code of 1987), provides:

Section 36. Power to compromise claims. - (1) When the interest of the Government so requires, the Commission may compromise or release in whole or in part, any settled claim...