Title
Camp John Hay Development Corp. vs. Charter Chemical and Coating Corp.
Case
G.R. No. 198849
Decision Date
Aug 7, 2019
Dispute over non-delivery of studio units as payment for painting services; CIAC upheld jurisdiction, awarded monetary value and attorney's fees due to breach.

Case Digest (G.R. No. 198849)
Expanded Legal Reasoning Model

Facts:

  • Parties
    • Petitioner: Camp John Hay Development Corporation (investment arm constructing Camp John Hay Manor).
    • Respondent: Charter Chemical and Coating Corporation (contractor for painting works).
  • Contractor’s Agreement and offsetting scheme
    • January 2001: Agreement for interior/exterior painting of unit 2E, contract price ₱15,500,000 (inclusive of two studio units as offset).
    • Price later reduced to ₱13,239,734.16; Camp John Hay paid ₱7,339,734.16; balance ₱5,900,000 to be offset by two Camp John Hay Suites units (Units 102 & 104).
  • Construction delays and attempts at delivery
    • Suites construction had not started in 2001; original completion under 1996 Lease was 3.5 years, extended by MOAs in 2003 (completion by mid-2006) and 2008 (by 2012).
    • Painting works completed in 2003; Final Inspection and Acceptance Certificate issued May 30, 2005.
    • Charter Chemical demanded deed of sale and titles in Sept 2004 and April 2005. June 2005: contracts to sell executed, providing for delivery “within a reasonable period from completion.”
    • August 2005: certifications issued that units were fully paid, but delivery delayed due to incomplete construction.
  • Arbitration and appellate proceedings
    • June 12, 2008: Charter Chemical filed Request for Arbitration at the Construction Industry Arbitration Commission (CIAC).
    • March 30, 2009 Final Award: Camp John Hay to pay ₱5,900,000 for the units + ₱590,000 attorney’s fees; no exemplary damages; declined to fix delivery period.
    • Court of Appeals affirmed in May 13, 2011 Decision; denied reconsideration Sept 30, 2011.
    • November 23, 2011: Camp John Hay filed Petition for Review on Certiorari with the Supreme Court.

Issues:

  • Does CIAC have jurisdiction despite a forum-selection clause in the later contracts to sell?
  • Was rescission under Civil Code Article 1191 proper, or should a period have been fixed under Article 1197?
  • Was the award of attorney’s fees to Charter Chemical justified?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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