Is the absence of certification showing availability of funds preclude the contractor from receiving payment for the services he has rendered for the government?
A written contract along with a written certification showing availability of funds for the project are among the conditions necessary for the execution of government contracts.
However, the absence of these documents would not necessarily preclude the contractor from receiving payment for the services he or she has rendered for the government.
Geronimo vs. Commission on Audit, G.R. No. 224163, December 04, 2018, [888 SCRA 184]
What are the elements to consider in filing a case?
- A right in favor of the plaintiff (person filing a case) by whatever means and under whatever law it arises or is created
- An obligation on the part of the named defendant (person being sued) to respect or not to violate such right
- An act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of obligation of the defendant to the plaintiff
Mercene vs. Government Service Insurance System, G.R. No. 192971, January 10, 2018, [850 SCRA 209]
What are the factors in determining the fair market value of the property?
- Cost of acquisition
- Current value of like properties
- Actual or potential uses
- Size, shape, location
- Tax declaration
When is the crime of estafa by postdating checks be committed?
(1) The offender has postdated or issued a check in payment of an obligation contracted at the time of the postdating or issuance
(2) At the time of postdating or issuance of said check, the offender has no funds in the bank or the funds deposited are not sufficient to cover the amount of the check
(3) The payee has been defrauded
Batac vs. People, G.R. No. 191622, June 06, 2018, [864 SCRA 319]
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