Title
Supreme Court
Stronghold Insurance Company, Inc. vs. Spouses Stroem
Case
G.R. No. 204689
Decision Date
Jan 21, 2015
Spouses Stroem sued Asis-Leif and Stronghold for breach of contract after construction delays. Stronghold, bound by a performance bond, was held liable for P4.5M, with CIAC jurisdiction inapplicable to the surety.

Case Digest (G.R. No. L-29419)
Expanded Legal Reasoning Model

Facts:

  • Contractual Engagement and Performance Bond
    • Spouses Rune and Lea Stroem (OWNERS) entered into an Owner–Contractor Agreement dated November 15, 1999 with Asis-Leif & Company, Inc. (CONTRACTOR) for the construction of a two-storey house at Valley Golf Subdivision, Antipolo, Rizal.
    • Pursuant to Article 7 of the Agreement, Asis-Leif secured Performance Bond No. LP/G(13)83056 in the amount of ₱4,500,000.00 from Stronghold Insurance Company, Inc. (SURETY), binding itself and Stronghold jointly and severally to pay the OWNERS should the CONTRACTOR fail to complete the project.
  • Default, Rescission, and Appraisal
    • Asis-Leif failed to finish the works on time despite repeated demands; the OWNERS rescinded the Agreement and engaged an independent appraiser.
    • The Asian Appraisal Company, Inc. reported completion rates of 47.53% for the main building, 65.62% for the garage, and 13.32% for ancillary works (pool, fence, landscaping).
  • Judicial Proceedings to Date
    • On September 12, 2002, the OWNERS filed a complaint with preliminary attachment against Asis-Leif, Ms. Cynthia Asis-Leif, and Stronghold for breach of contract and sum of money; only Stronghold was served.
    • On July 13, 2010, the RTC of Makati rendered judgment ordering Stronghold to pay ₱4,500,000.00 with 6% interest from first demand plus attorney’s fees (₱35,000.00) and costs.
    • Both parties appealed; the Court of Appeals on November 20, 2012 affirmed the RTC decision with modification, increasing attorney’s fees to ₱50,000.00.
    • Stronghold petitioned the Supreme Court under Rule 45, arguing lack of jurisdiction due to an arbitration clause and exclusive CIAC authority; the OWNERS opposed, contending no privity for arbitration and full bond liability.

Issues:

  • Whether the dispute falls within the definition of “arising from or connected with” a construction contract and thus within the exclusive original jurisdiction of the Construction Industry Arbitration Commission (CIAC).
  • Whether the Regional Trial Court should have dismissed the case and referred the parties to arbitration under Republic Act No. 876 (as amended by EO 1008) and RA 9285.
  • Whether Stronghold is liable under Performance Bond No. LP/G(13)83056:
    • Only for additional costs to complete the project or for the full bond amount.
    • As an ordinary or corporate surety.
  • Whether Stronghold committed forum shopping by failing to disclose the OWNERS’ pending motion for partial reconsideration in the CA.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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