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[G.R. No. 151237. April 26, 2006]

HON. ENRIQUE T. GARCIA, JR. vs. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, BATAAN SHIPYARD AND ENGINEERING CO., et al.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of the First Division of this Court dated APR. 26, 2006

G.R. No. 151237 (Hon. Enrique T. Garcia, Jr. vs. Republic of the Philippines, represented by the Presidential Commission on Good Government, Bataan Shipyard and Engineering Co., et al.);

G.R. No. 159199 (Republic of the Philippines vs. Regional Trial Court, Branch 147, Makati City , et al.)

Before this Court are the Joint Manifestation and Motion to Approve "Compromise Agreement" filed by petitioner and respondents, assisted by their respective counsels, and the Compromise Agreement itself.

Under Section 465, paragraph (vi) of Republic Act No. 7160, otherwise known as the Iocal Government Code, a provincial governor may "represent the province in all its business transactions and sign in its behalf all . . . contracts . . . upon authority of the sangguniang panlalawigan or pursuant to law or ordinance."

In these cases, Governor Enrique T. Garcia, Jr. has not shown any law or ordinance under which he is authorized to represent the Province of Bataan, nor has he presented any resolution from the Sangguniang Panlalawigan of Bataan authorizing him to represent the province in executing the Compromise Agreement.

Mr. Proceso L. Maligalig, President of respondents Bataan Shipyard and Engineering Company, Phil. Dockyard Corp., and Baseco Drydock and Construction Company, Inc., also has not submitted any authorization from the Board of Directors of the corporations he supposedly represents, as required under the Corporation Code.

WHEREFORE, Governor Enrique T. Garcia, Jr. and Mr. Proceso L. Maligalig are DIRECTED to SUBMIT their respective authorizations from the parties they represent within ten (10) days from receipt hereof.

SO ORDERED. CHICO-NAZARIO, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court

First Division

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