Case Digest (G.R. No. 209284)
Case Digest (G.R. No. 209284)
Facts:
Oriental Petroleum and Minerals Corporation v. Tuscan Realty, Inc., G.R. No. 195481, July 10, 2013, Supreme Court Third Division, Abad, J., writing for the Court. Petitioner Oriental Petroleum and Minerals Corporation owned two condominium units in Corinthian Plaza, Makati City; respondent Tuscan Realty, Inc. was a realty broker to whom Oriental Petroleum gave a non‑exclusive authority to offer the units for sale on August 13, 1996.On August 14, 1996 Tuscan Realty submitted an initial list of prospective buyers (which included Gateway Holdings Corporation) and updated that list on September 18, 1996. Oriental Petroleum thereafter informed Tuscan Realty that it would directly negotiate with a certain Gene de los Reyes of Gateway, which led to a contract to sell between Oriental Petroleum and Gateway dated August 1, 1997. Gateway assigned its rights as buyer to Alonzo Ancheta on September 29, 1997, and Oriental Petroleum executed a deed of absolute sale in Ancheta’s favor on December 10, 1997 for P69,595,400.00.
After the sale, Tuscan Realty demanded a broker’s commission of P2,087,862.00 (3% of the final purchase price). When Oriental Petroleum refused payment, Tuscan Realty filed a complaint for sum of money with application for preliminary attachment before the Makati Regional Trial Court (RTC) on June 9, 1999. The RTC granted the application for preliminary attachment on July 28, 1999 but, on November 2, 2005, dismissed Tuscan Realty’s complaint for failure to prove that it closed the sale.
Tuscan Realty appealed to the Court of Appeals (CA), which on August 11, 2010 reversed the RTC and ordered Oriental Petroleum to pay the commission plus 6% interest from finality of the CA decision. Oriental Petroleum filed a petition to the Supreme Court seeking relief from the CA judgment; the Supreme Court denied the petition and affirmed the CA decision.
Issues:
- Is Tuscan Realty entitled to a broker’s commission for the sale of Oriental Petroleum’s condominium units given the chain of negotiations that began with Gateway and resulted in sale to Ancheta?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)