Title
FAJ Construction and Development Corp. vs. Saulog
Case
G.R. No. 200759
Decision Date
Mar 25, 2015
FAJ Construction sued Susan Saulog for unpaid progress billings; Saulog counterclaimed for defective work. Courts ruled Saulog owed actual damages and penalties, deleting unsupported claims. SC upheld CA, citing res judicata and defective work liability.

Case Summary (G.R. No. 200759)

Factual Background

On June 15, 1999, the petitioner and respondent entered into a construction agreement for the construction of a residential building located in San Lorenzo Village, Makati City, with a total contract price of ₱12,500,000. Payment was to be made on a progress billing basis after inspection of work completed. By the time respondent had paid a total of ₱10,592,194.80, she refused to pay an additional ₱851,601.58 claimed in two progress billing statements dated October 31 and November 6, 2000. Following further disputes over additional work and payment refusals, and pursuant to Article 27(b) of the Uniform General Conditions of Contract for Private Construction, the petitioner terminated the contract. Respondent subsequently filed a complaint against the petitioner for defects and delays in the construction.

Proceedings at the Trial Court

The respondent's counterclaim against the petitioner included allegations of defective work resulting in significant damages, totaling over ₱3 million in actual damages, with additional claims for lost rentals and moral damages. The trial commenced but was marked by delays primarily due to the petitioner's failure to present evidence and witnesses, leading the trial court to dismiss the case for failure to prosecute. The dismissal prompted the petitioner to file several motions for reconsideration, all of which were ultimately denied.

Ruling of the Regional Trial Court

In a decision rendered on January 30, 2006, the trial court ruled in favor of the respondent, finding overwhelming evidence of the petitioner's defective workmanship and delay in construction. The court ordered the petitioner to pay various amounts, including actual damages, lost rentals, moral and exemplary damages, penalties for delay, and attorney's fees.

Appeal to the Court of Appeals

The petitioner appealed the trial court's decision, claiming that the dismissal of its own complaint was unjust due to the negligence of its counsel. The Court of Appeals upheld the trial court's ruling, emphasized that the negligence of a client's counsel binds the client, and confirmed that res judicata barred any further claims regarding the dismissal of the petitioner's case.

Arguments Before the Supreme Court

The petitioner's arguments in the Supreme Court included claims of error regarding the application of res judicata, the factual basis for the damages awarded, and criticisms of the evidence presented against them. The petitioner contended that the respondent had not sufficiently proved her damages and that penalties for delay were excessive. In contrast, the respondent maintained that the appellate court had appropriately ruled on the established facts and that the petitioner’s claims were moot.

Supreme Court Ruling

The Supreme Court denied the petition, reinforcing that the court does not re-evaluate factual findings established by lower courts. It upheld the Court of Appeals’ determination that the petitioner had failed to fulfill its obligations under the contract due to abandonment and defective work. The

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