Title
Alcatel Phil., Inc. vs. I.M. Bongcar and Co., Inc.
Case
G.R. No. 182946
Decision Date
Oct 5, 2011
PLDT engaged Alcatel for civil works; Alcatel subcontracted Bongar, who breached the contract. Alcatel sued for damages; SC awarded attorney’s fees but denied overpayment and completion cost claims due to insufficient evidence.

Case Summary (G.R. No. 207041)

Background of the Case

On June 20, 1991, Alcatel entered into a subcontract worth ₱12,047,407.00 with Bongar, which included a down payment of ₱2,409,481.40. The subcontract required Bongar to secure both a performance bond and an advance payment bond, which were executed on June 27, 1991, with Stronghold Insurance Co. acting as surety. The completion date for the project was set for October 29, 1991, but Bongar fell behind schedule and eventually ceased construction altogether on April 20, 1992. Alcatel subsequently terminated the contract and demanded payment for liabilities under the bonds.

Court Proceedings and Initial Rulings

On September 24, 2001, the Makati Regional Trial Court (RTC) ruled in favor of Alcatel, awarding them ₱919,471.10 for uninstalled materials plus ₱500,000.00 in attorney's fees and costs. However, the RTC rejected additional claims for overpayment and re-procurement costs, citing a lack of evidence. Following the RTC decision, Alcatel appealed to the Court of Appeals (CA), which upheld the RTC's ruling but eliminated the awarded attorney's fees, deeming their absence in the decision's body problematic.

Issues Presented

The central issues presented in this case include: (a) whether Alcatel is entitled to an award of attorney's fees; (b) whether it is entitled to a refund for alleged overpayment to Bongar; and (c) whether it can recover additional costs incurred for completion of the work.

Rulings on Attorney's Fees

The Supreme Court noted that attorney's fees can be awarded under certain circumstances, particularly when the defendant's actions compel the plaintiff to incur expenses to protect their interests, or when there is evident bad faith involved. It emphasized that the rationale for such awards should be explicitly stated in the body of the decision. Despite the RTC not detailing its reasoning for the attorney's fees within its decision, the court found sufficient factual basis justifying the award. Bongar’s persistent contractual violations and refusal to return materials contributed to Alcatel having to litigate, supporting the award of attorney's fees.

Rulings on Overpayment and Additional Costs

In regard to the claims for overpayment and costs incurred for completing the project, the Supreme Court upheld the findings of the RTC and CA. Alcatel's assertions that Bongar did not specifically deny its claims were countered by Bongar's documented dispute of

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