Title
Global Medical Center of Laguna, Inc. vs. Ross Systems International, Inc.
Case
G.R. No. 230112
Decision Date
May 11, 2021
Construction dispute over withheld 2% CWT on progress billings; SC upheld CA ruling, denied RSII's claim for additional payment, ordered GMCLI to issue BIR Form 2307 for tax credit.

Case Digest (G.R. No. 230112)
Expanded Legal Reasoning Model

Facts:

  • Contract and Progress Billings
    • Global Medical Center of Laguna, Inc. (GMCLI) engaged Ross Systems International, Inc. (RSII) for P248,500,000 hospital construction, with 15% down payment and monthly progress billings; RSII responsible for taxes; contract contains arbitration clause.
    • On April 12, 2015, RSII’s Progress Billing No. 15 claimed 79.31% completion (P9,228,286.77 incl. VAT); GMCLI evaluated at 78.84% (P7,043,260.00).
  • Withholding Dispute and CIAC Proceedings
    • GMCLI discovered failure to withhold 2% CWT on Billings 1–14; on April 29, 2015 it withheld 2% on cumulative Billings 1–15 (P197,088,497.00) = P3,941,769.00, paying RSII only P3,101,491.00 for Billing 15.
    • RSII demanded P4,884,778.92 balance, alleging improper withholding; filed CIAC complaint on August 6, 2015. Preliminary and case management conferences, evidence, and Terms of Reference prepared.
    • CIAC Final Award (May 10, 2016): CIAC has jurisdiction; GMCLI acted without authority in belatedly withholding CWT; RSII not entitled to release of P4,884,778.92 (RSII hadn’t paid income tax at remittance); RSII entitled to P1,088,214.33; denied moral damages and attorneys’ fees; costs shared proportionally.
  • CA Proceedings and Rule 45 Petitions
    • RSII petitioned the CA under Rule 43; CA Decision (Oct 28, 2016) affirmed CIAC award with modification, awarding RSII P1,088,214.83; denied both parties’ motions for reconsideration (Feb 21, 2017).
    • GMCLI and RSII filed separate Rule 45 petitions, consolidated before the Supreme Court.

Issues:

  • Consolidated Issues for the Supreme Court
    • Is RSII entitled to release of P3,815,996.50 (2% CWT on Progress Billings 1–14) in addition to the awarded P1,088,214.83?
    • Must GMCLI be ordered to issue to RSII the BIR Form 2307 (Certificate of Creditable Tax Withheld at Source) for the withheld CWT?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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