Construction Industry Authority of the Philippines

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    Date: 2023-09-26 12:09:48.412957

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Formula for Liquidated Damages

Requested from CIAP by E. Galias at 12:09 PM on Sep 26, 2023.
Purpose: For research since most SC rulings provide that they defer to the wisdom of the admin body.
Date of Coverage: 10/28/2016 - 09/26/2023
Tracking no: #CIAP-058281999965

Galias 12:09 PM, Sep 26, 2023 

Dear Sir/ Madam,

I cannot find any COA circular on the computation or formula for Liquidated Damages (LD). I tried to infer from Supreme Court (SC) cases, but since the factual source are on "Records", I cannot come up with a formula or computation. 

Computation or formula of LD is based on Annex E of the 2016 revised IRR, specifically Sec. 9.1. I already found a case that can be applied to Sec. 9.2 (stops the computation when it is USUABLE base on an old SC case).


January 5, 2024

Dear Citizen,

Greetings!

Thank you for your request dated Sep 26, 2023 12:09:48 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You asked for Formula for Liquidated Damages.

Response to your request

While our aim is to provide information whenever possible, in this instance this Office does not have the information you have requested. However, you may wish to contact the Commission on Audit for your request. 

For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Atty. Marco C. Maat and ciap@construction.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

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Thank you.

Respectfully,
A. Golloso
FOI Officer

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