Title
Source: Supreme Court
Prudential Guarantee and Assurance, Inc. vs. Equinox Land Corp.
Case
G.R. No. 152505-06
Decision Date
Sep 13, 2007
Equinox terminated J'Marc's construction contract due to delays and underperformance. Prudential, as surety, was held solidarily liable with J'Marc for damages, affirmed by the Supreme Court. CIAC jurisdiction applied.

Case Digest (G.R. No. 152505-06)
Expanded Legal Reasoning Model

Facts:

# Background of the Project

  • In 1996, Equinox Land Corporation (Equinox) decided to construct five additional floors to its existing building, Eastgate Centre, located at 169 EDSA, Mandaluyong City.
  • Equinox invited bids from various contractors, and J'Marc Construction & Development Corporation (J'Marc) was awarded the contract for P37,000,000.00 on February 24, 1997.

# Bonds Issued by Prudential

  • J'Marc submitted two bonds issued by Prudential Guarantee and Assurance, Inc. (Prudential):
    • A surety bond for P9,250,000.00 to guarantee the unliquidated portion of the advance payment.
    • A performance bond for P7,400,000.00 to guarantee J'Marc's faithful performance of its obligations.

# Contract Execution and Initial Payments

  • On March 17, 1997, Equinox and J'Marc signed the construction contract.
  • Equinox paid J'Marc a downpayment of P9,250,000.00 (25% of the contract price).

# Breach of Contract by J'Marc

  • J'Marc failed to submit monthly progress billings for March and April 1997.
  • Workers neglected to cover drainpipes, causing delays.
  • J'Marc requested and received unscheduled cash advances totaling P450,000.00 due to cash flow problems.
  • By June 30, 1997, J'Marc had only accomplished 16.0435% of the project, far below the expected 37.70%.

# Termination of Contract

  • On July 10, 1997, Equinox terminated the contract due to J'Marc's failure to meet obligations.
  • An inventory revealed J'Marc had only accomplished 19.0573% of the work, resulting in an overpayment of P3,974,300.25 by Equinox.

# Legal Proceedings

  • Equinox filed a complaint against J'Marc and Prudential for reimbursement and damages.
  • Prudential moved to dismiss, arguing the Construction Industry Arbitration Commission (CIAC) had jurisdiction.
  • The trial court dismissed the case, and Equinox filed for arbitration with the CIAC.

# CIAC Decision

  • The CIAC ruled in favor of Equinox, holding:
    • J'Marc liable for P4,639,285.34.
    • Prudential liable for P7,487,199.80 on the surety bond and P1,264,985.00 on the performance bond.
    • Total liability of J'Marc and Prudential capped at P5,239,285.34.

# Court of Appeals Decision

  • The Court of Appeals modified the CIAC decision, increasing J'Marc's liability to P5,958,167.09, including nominal damages and attorney’s fees.

Issues:

  • Whether the CIAC has jurisdiction over the case involving Prudential, a surety, which is not a party to the construction contract.
  • Whether Prudential is solidarily liable with J'Marc for damages under the surety and performance bonds.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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