Case Digest (G.R. No. 100985)
Facts:
This case involves a petition for review on certiorari filed by Henry H. Gaw (the petitioner) against the Honorable Intermediate Appellate Court and Uy Diet Tan (the respondents). The dispute centers around a marketing agreement related to the dealership of white cement from Prime White Cement Corporation (PWCC). On December 12, 1978, Gaw, through his company K. H. Gaw Enterprises, entered into a dealership agreement with PWCC, granting him exclusive dealer status and requiring him to deposit P200,000. The agreement stipulated an increase in the volume of white cement supply to Gaw over the contract's duration. To avail of a larger supply quota, Gaw entered a marketing agreement dated February 2, 1979, with Uy Diet Tan, who was intended to market the cement on Gaw's behalf.
Under their agreement, Tan would obtain 50% of Gaw’s allocation, deposit an increased amount of P250,000 with PWCC, and pay Gaw a fee per bag withdrawn. However, PWCC rejected Tan's attempts to d
Case Digest (G.R. No. 100985)
Facts:
Henry H. Gaw, a dealer of Prime White Cement Corporation (PWCC), sued Uy Diet Tan in Civil Case No. Q-28799 for damages allegedly caused by a restraining order issued in Civil Case No. Q-27097, which arose from a marketing agreement between Gaw and Tan and which temporarily enjoined Gaw from delivering cement; the Court of First Instance rendered judgment for Gaw awarding P20,000 actual damages and P10,000 attorney’s fees. The then Intermediate Appellate Court reversed, dismissed Gaw’s complaint, and awarded Tan P100,000 actual damages and P20,000 attorney’s fees; Gaw petitioned for review on certiorari.Issues:
- Did the Intermediate Appellate Court err in reversing the trial court’s judgment in favor of Henry H. Gaw?
- May Gaw recover damages for the effects of the restraining order without proof that Tan maliciously prosecuted the prior action and that it was without probable cause?
- Did Tan prove his claim for actual damages in the form of unrealized profits with sufficient certainty?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)