FERNANDO D. GUEVARA, PETITIONER, VS. HON. PEDRO M. GIMENEZ, AS AUDITOR GENERAL, RESPONDENT.

Sometime in 1954 the District Engineer of Sorsogon prepared a program of work
and detailed estimate for the reconstruction of the Sorsogon Central School
building at Burabod, Sorsogon. Specifications consisting of five pages were
likewise prepared. The cost of painting was left out in the detailed estimate
and specifications. The papers were submitted to the Division Engineer in
Lucena, Quezon, who returned them duly approved with an authorized appropriation
of P40.000.00 “provided that painting shall be included”. Whereupon, the
specification for painting was accordingly made and appended to the
specifications as page six.

In August 1954 the District Engineer advertised an invitation to bid for
“furnishing of all materials, labor and plant, for the reconstruction” project.
Prospective bidders were required to apply for issuance of plans, specifications
and/or proposal book on which they could base their price proposals. Among those
who applied and were issued the plans and specifications for the project was
Fernando Guevara. Sealed bids were subsequently opened on September 25, 1954.
Fernando Guevara’s bid of P37,500.00 was declared lowest and the contract was
awarded to him. On December 17,1954 Guevara and Casia-no T. Ubalde, the latter
acting for the Director of Public Works, signed the contract. In its Article I,
the complete plans and specifications were expressly made a part of the
contract. On January 31,1955 Guevara was furnished by mail a copy of the
contract with all its appendices. Petitioner does not deny that his copy of the
contract as well as the file copy of the District Engineer contain the
specifications which include painting.

Eighty-five days after the contract was signed the construction was
completed. The contract price was paid in eight monthly amortizations during the
period of construction, based upon work satisfactorily completed during the
preceding month. Guevara collected the final Payment thereon.

On May 24, 1955, or eight days after the completion of the project, Guevara
filed with the Director of Public Works a written claim for the payment of
P4f620.00 representing cost of painting, alleging that it was not covered the
contract. After hearing, the Secretary of Public Works and Communications denied
the claim. Two petitions for reconsideration were denied. On appeal, the Auditor
General also denied the claim. Guevara has appealed to this Court pursuant to
Commonwealth Act 327.

The issue is whether or not the contract for the reconstruction of the school
building included painting.

Guevara contends that the bidders were not aware of the inclusion of painting
because the District Engineer did not add painting to the plans and
specifications furnished them prior to the bidding.

In support of his allegation Guevara presented the affidavits of two other
bidders, namely, Francisco V. Nicolas and Amado Briones. Affiants stated therein
that the bids they submitted did not include painting because the specifications
given them had no such provision.

At the time of the hearing Amado Briones was already dead. The other affiant
was not presented. Under the circumstances, We entertain doubt as to the
probative value of the affidavits especially because affiants, being contractors
themselves, may be inclined to favor petitioner in his claim as against the
government. Affidavits are easily concocted to suit desired ends.

We find more convincing the testimonies of Santiago P. Ojeda, Juan S. Lopez
and Cesar Gacias, senior carpenter, general foreman and clerk, respectively, in
the District Engineer’s office. Santiago P. Ojeda testified that when he
prepared the original specifications he did not include painting. Juan S. Lopez
however, declared that when the detailed estimate and specifications were
approved by the Division Engineer, he prepared the specification for painting.
Cesar Gacias testified that his duty was to distribute the specifications to
prospective bidders; that upon receiving from Juan S. Lopez the specifications
in question he sorted and checked them; that said specifications contained six
pages, with the specification for painting appearing on the sixth page; and that
copies of the complete specifications were distributed to prospective bidders
Guevara, Nicolas, Jabson and Briones. These government employees testified as to
what transpired in the performance of their duties. The presumption is that
official duty has been regularly performed (Section 5(m), Rule 131, Rules of
Court). No evidence has been adduced to overcome this presumption save the
affidavits of Nicolas and Briones, which, as afore-stated, are of doubtful
probative value.

Petitioner further alleges that the discovered the inclusion of painting in
the specifications only when the painting of the building was almost completed,
for, preoccupied with 13 other projects, he had entrusted to his assistant,
Leoncio Vasquez, the reconstruction of the school building in question.

On the other hand, Santiago P. Ojeda, building inspector for the project,
testified that Guevara submitted to the District Engineer, as required, samples
of the paints he (Guevara) purchased. Hence, Guevara knew that painting was part
of the specifications. Furthermore, during the period of construction Guevara
made several collections under the contract, and the vouchers he presented
therefor carried “painting and varnishing” as one of the units of work rated to
determine how much should be paid. Guevara’s use of the estimate of work to
support the vouchers display his knowledge and awareness during the construction
that his contract covered painting of the building.

We noted that subsequent to the filing of petitioner’s claim, his assistant,
Leoncio Vasquez, while visiting the office of the District Engineer, borrowed
from the official custodian Cesar Gacias, the specifications for the project in
question. Alert and careful in the performance of his duty, Gacias lent Vasquez
the official file copy of the specifications but only after he had checked the
number of Pages composing the file. After it was returned, Gacias saw that the
file was short of one page, and the one missing was precisely page 6 of the
specifications containing the provision for painting. Whereupon, he immediately
confronted Vasquez with the discrepancy and grabbed the notebook which the
latter tucked under his arm. Gacias found folded and concealed inside the
notebook the missing page. Several co-employees witnessed the shameful incident.
We express our condemnation of Vasquez’s behavior. Finally, petitioner Guevara,
a civil engineer, has twenty years experience as public works contractor. He
must have acquired first-hand knowledge of the mechanics of government
contracting as well as skill in administering construction contracts. The other
13 projects he said he had justify our impression. The practice of contractors,
before submitting any bid or proposal, is to verify with the office of the
District Engineer the fund available for a project, approval of the plans,
specifications and program of work and other relevant and necessary matters in
prosecuting a government contract. From his experience and know-how We can be
certain that petitioner, prior to submission of his bids, called on the District
Engineer of Sorsogon to make his verification. By doing so, he would have noted
the first indorsement dated August 9, 1954 approving the detailed estimate and
program of work and requiring that painting be included. From that moment, he
must have been aware that he would bid for a construction work that included
painting. In the event that Guevara dispensed with verification, he alone should
bear the consequences of his negligence.

Our finding therefore is that the contract between Fernando Guevara and the
Bureau of Public Works provided for the painting of the school building. As
petitioner has been fully paid the contract price of P37,500.00, no additional
payment is due.

WHEREFORE, We hereby affirm the decision of the Auditor General, with costs
against petitioner.

It is so ordered.

Bengzon, C. J., Bautista Angelo, Reyes, J. B.L., Barrera, Paredes, Dizon,
Regala, Makalintal and Zaldivar, JJ. concur.