Case Digest (G.R. No. L-45966) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Lawyers Cooperative Publishing Company v. Perfecto A. Tabora, the plaintiff-appellee, a publishing firm, on May 3, 1955 sold to the defendant-appellant, Perfecto A. Tabora, one complete set of *American Jurisprudence* (48 volumes with 1951 pocket parts) and one set of *American Jurisprudence, General Index* (4 volumes) for ₱1,675.50, plus freight of ₱6.90, totaling ₱1,682.40. Tabora paid a down payment of ₱300.00, leaving a balance of ₱1,382.40. The books were delivered and receipted for on May 15, 1955, to Tabora’s law office in Naga City. That same night, a conflagration destroyed the block containing his office and library, consuming the newly acquired books. Tabora informed the publisher by letter dated May 20, 1955; in reply, the company, as a goodwill gesture, sent him four volumes of the *Philippine Reports*. Tabora thereafter defaulted on the installment payments. On September 15, 1955, Lawyers Cooperative sued in the Court of First Instance of Manila for the outstand Case Digest (G.R. No. L-45966) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Contract and Payment
- On May 3, 1955, Perfecto A. Tabora purchased from Lawyers Cooperative Publishing Company:
- One complete set of American Jurisprudence (48 volumes with 1951 pocket parts)
- One set of American Jurisprudence, General Index (4 volumes)
- Total purchase price was ₱1,675.50 plus freight of ₱6.90, totaling ₱1,682.40; Tabora paid ₱300.00 down, leaving a balance of ₱1,382.40.
- Delivery and Loss
- The books were delivered to and receipted by Tabora on May 15, 1955, at his law office in Naga City.
- On the same night a conflagration destroyed the entire block, including Tabora’s office and the newly delivered books.
- Post‐Loss Correspondence
- Tabora notified the company of the loss by letter dated May 20, 1955.
- The company, as a goodwill gesture, sent Tabora free volumes 75–78 of the Philippine Reports on May 23, 1955.
- Suit and Procedural History
- After Tabora failed to pay the remaining installments, the company sued in the Court of First Instance of Manila for:
- ₱1,382.40 balance
- 25% liquidated damages
- Costs of suit
- Tabora pleaded force majeure and sought dismissal plus ₱15,000 moral damages.
- The trial court ruled for the plaintiff; Tabora appealed to the Court of Appeals, which certified the case to the Supreme Court as raising only questions of law.
Issues:
- Does a retention‐of‐title clause prevent the risk of loss from passing to the buyer upon delivery?
- Can Tabora invoke force majeure to escape payment of the balance after the books were destroyed by fire?
- Are the stipulated 25% liquidated damages enforceable despite Tabora’s lack of bad faith?
- Is Tabora liable for attorney’s fees or other costs beyond the balance of the purchase price?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)