Case Digest (G.R. No. 166857)
Facts:
- D.M. Wenceslao & Associates, Inc. (DMWAI) is the petitioner; Freyssinet Philippines, Inc. (FPI) is the respondent.
- In January 1989, DMWAI was contracted to construct the National Historical Institute Building (NHI project).
- On January 6, 1989, Delfin J. Wenceslao, Jr. accepted a contract from FPI for pre-stressed piles worth P2,600,000.
- The contract required a 30% down payment and 70% through progress payments, with an 18% per annum interest on delinquent accounts.
- FPI claimed the NHI project was completed in November 1989, but full payment for the piles was unpaid.
- On August 5, 1993, FPI filed a complaint for P322,413.15, plus interest and attorney's fees.
- FPI amended the complaint to include DMWAI as a defendant, which Wenceslao, Jr. opposed.
- The trial court admitted the amended complaint on July 12, 1994.
- On April 17, 1997, the Regional Trial Court ruled in favor of FPI, ordering payment from both defendants.
- DMWAI appealed, contesting the trial court's decisions.
- The Court of Appeals modified the ruling on August 10, 2004, holding DMWAI solely liable for P322,413.15 with a 6% interest rate.
- DMWAI's motion for reconsideration was denied on January 21, 2005.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied DMWAI's petition.
- The Court affirmed the Court of Appeals' decisions regarding DMWAI's liab...(Unlock)
Ratio:
- The Supreme Court held that the trial court had jurisdiction over the IBRD account due to DMWAI's implied consent, as it did not object to the evidence presented during the trial.
- The Court emphasized that issues can be judged if evidence is presented with the other party's consent.
- DMWAI's claim that the IBRD account was not part of the original...continue reading
Case Digest (G.R. No. 166857)
Facts:
The case involves D.M. Wenceslao & Associates, Inc. (DMWAI) as the petitioner and Freyssinet Philippines, Inc. (FPI) as the respondent. The events leading to the case began in January 1989 when DMWAI was contracted to construct the National Historical Institute Building (NHI project). On January 6, 1989, Delfin J. Wenceslao, Jr. (Wenceslao, Jr.) accepted a contract proposal from FPI for the fabrication and delivery of pre-stressed piles for the project, amounting to P2,600,000. The contract stipulated a 30% down payment upon signing and the remaining 70% to be paid through progress payments based on work accomplished, with an interest rate of 18% per annum on delinquent accounts.
By August 5, 1993, FPI filed a complaint against Wenceslao, Jr., doing business as DMWAI, claiming that the NHI project was completed in November 1989, but the full payment for the pre-stressed piles remained unpaid. FPI sought payment of P322,413.15, plus interest at 18% per annum from November 1989, along with 25% of the award as attorney's fees and litigation costs. On March 29, 1994, FPI filed a motion to amend the complaint to include DMWAI as a party defendant, which was opposed by Wenceslao, Jr. on the grounds that it created a new cause of action. The trial court admitted the amended complaint on July 12, 1994.
On April 17, 1997, the Regional Trial Court of Manila, Branch 34, ruled in favor of FPI, ordering both defendants to pay the amount claimed, along with interest and attorney's ...