PUBLIC ESTATES AUTHORITY vs. ELPIDIO S. UY G.R. Nos. 147933-34 Decem e!

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FACTS: A landscaping agreement was executed between petitioner Public Estates Authority and Elpidio Uys company doing business as Edison e!elopment " Construction# $owe!er% due to the &ailure o& petitioner to pro!ide enough land &or Elpidio Uy to wor' on% the landscaping (ob has been delayed a couple o& times# )n the part o& petitioner% the delay was caused by the number o& s*uatters around the area and the presence o& a public cemetery# +espondent instituted with the Construction ,ndustry Arbitration Commission an action &or the reco!ery o& losses due to the delay caused by Public Estates Authority# )n -ay ./% 0111% the C,AC rendered a decision ordering Public Estates Authority to pay# 2oth petitioner and respondent &iled petitions &or re!iew with the Court o& Appeals# ,n CA34#+# SP 5o# 67819% petitioner contested the monetary awards gi!en by the C,AC# )n the other hand% respondent &iled CA34#+# SP 5o# 679:7% arguing that the C,AC erred in awarding a reduced amount &or e*uipment stand3by costs and &or denying his claims &or additional costs &or topsoil hauling and operating costs o& water truc's# 2oth parties &iled motions &or reconsideration# Subse*uently% petitioner &iled with the Court o& Appeals an Urgent -otion &or ,ssuance o& a Temporary +estraining )rder and;or <rit o& Preliminary ,n(unction% see'ing to en(oin the C,AC &rom proceeding with C,AC Case 5o# 183 011.% which respondent has &iled# Petitioner alleged that the said case in!ol!ed claims by respondent arising &rom the same =andscaping and Construction Agreement% sub(ect o& the cases pending with the Court o& Appeals# HELD% The petition is without merit# Petitioner assails the dismissal o& its petition by the Court o& Appeals based on a technicality% i.e., the !eri&ication and certi&ication o& non3&orum shopping was signed by its )&&icer3in3Charge% who did not appear to ha!e been authori>ed by petitioner to represent it in the case# Petitioner moreo!er argues that in an earlier resolution% the First i!ision o& the Court o& Appeals ga!e due course to its petition# espite this% it was the Se!enteenth i!ision o& the Court o& Appeals which rendered the ?oint ecision dismissing its petition#

The contention is untenable# Petitioner% being a go!ernment owned and controlled corporation% can act only through its duly authori>ed representati!es# ,n the case o& Premium Marble Resources, Inc. v. Court of Appeals%which the Court o& Appeals cited% we made it clear that in the absence o& an authority &rom the board o& directors% no person% not e!en the o&&icers o& the corporation% can !alidly bind the corporation# Thus% we held in that case: <e agree with the &inding o& public respondent Court o& Appeals% that @in the absence o& any board resolution &rom its board o& directors the AsicB authority to act &or and in behal& o& the corporation% the present action must necessary &ail# The power o& the corporation to sue and be sued in any court is lodged with the board o& directors that exercises its corporate powers# Thus% the issue o& authority and the in!alidity o& plainti&&3appellantCs subscription which is still pending% is a matter that is also addressed% considering the premises% to the sound (udgment o& the Securities and Exchange Commission#@.. There&ore% the Court o& Appeals did not err in &inding that% in !iew o& the absence o& a board resolution authori>ing petitionerCs )&&icer3in3Charge to represent it in the petition% the !eri&ication and certi&ication o& non3&orum shopping executed by said o&&icer &ailed to satis&y the re*uirement o& the +ules# ,n this connection% +ule :8% Section D% o& the .77D +ules o& Ci!il Procedure categorically pro!ides: Effect of failure to comply with requirements# E The &ailure o& the petition to comply with any o& the &oregoing re*uirements regarding the payment o& the doc'et and other law&ul &ees% the deposit &or costs% proo& o& ser!ice o& the petition% and the contents o& and the documents which should accompany the petition shall be su&&icient ground &or the dismissal thereo&# <$E+EF)+E% in !iew o& the &oregoing% the petition &or re!iew is E5,E # The -otion to Consolidate this petition with 4#+# 5o# .:D70630/ is also E5,E #