Inquirer file photo
MANILA, Philippines 鈥� The Commission on Audit (COA) has ordered the Department of Tourism (DOT) to pay British Broadcasting Corp. (BBC) Global 黑料社 nearly $300,000 in advertising expenses over its agreement in 2017.
In its decision dated Dec. 7, 2023, and released to the public this month, the COA en banc partially granted the petition for money claim by BBC Global 黑料社 against the DOT for the payment of advertising services rendered amounting to $600,000, or P30.3 million.
This was in connection with a 2017 agreement between then Tourism Secretary Wanda Tulfo-Teo and BBC Global 黑料社 and BBC Worldwide for advertising services amounting to $1.5 million.
The services include two 30-minute content productions with four airings each and seven feeds on BBC World 黑料社; 390 advertising spots on BBC Earth Asia; advertising spots on BBC World 黑料社 Asia Pacific, Europe, and North America; and a 970-by-250 billboard and 300-by-250 midpage unit on BBC鈥檚 website.
This means the BBC should provide DOT with a total of 2,163 advertising spots on different platforms.
BBC鈥檚 petition
BBC Global 黑料社, a national broadcasting corporation operating under the United Kingdom royal charters, said in its petition that it fulfilled its obligation to advertise the Philippine tourist spots dubbed 鈥淧hilippine Island Treasures.鈥�
While the DOT paid 60 percent of the contract in two tranches totaling P45.9 million, the BBC said the Philippine government agency failed to pay BBC Global 黑料社 the final tranche of the contract amounting to $600,000.
Teo, at the time, stated to the BBC that 鈥減ayment cannot be effected,鈥� citing an audit observation memorandum (AOM) in May 2018 that noted that the project was 鈥渘ot sufficiently funded as there is a deficiency,鈥� which amounted to P20.1 million.
鈥淏BC Global 黑料社 rendered services for which the DOT has benefited,鈥� the BBC said in its petition, as quoted in the COA decision. 鈥淭hus, even assuming that there is no sufficient funds for the contract, the services of BBC Global 黑料社 must still be paid based on the principle of quantum meruit (as much as one has earned).鈥�
COA鈥檚 conclusion
The COA said the DOT cannot evade payment and 鈥渦njustly enrich itself,鈥� since it admitted that BBC can still be paid even without the certificate of completion, 鈥渁s it is shown that the amount being claimed is the reasonable value of its unpaid services.鈥�
鈥淭hus, this Commission gives due consideration to the claim in the interest of equity and substantial justice, applying the principle of quantum meruit,鈥� the commission en banc said in its 11-page decision.
The decision stated that the money claim of BBC Global 黑料社 should be granted, amounting to $299,724.
But the audit body said the advertising spots intended for the BBC鈥檚 main website bbc.com, amounting to $300,276 were not provided or delivered.
The value of actual services rendered was $1,199,724, according to the COA.