Title
Gaw vs. Intermediate Appellate Court
Case
G.R. No. 70451
Decision Date
Mar 24, 1993
Businessman Gaw breached a marketing agreement with Tan by refusing a deposit, leading to legal disputes. Courts ruled Gaw acted in bad faith, denied his damages claim, and rejected Tan’s unrealized profits due to insufficient evidence.

Case Summary (G.R. No. 70451)

Factual Background

On December 12, 1978, Gaw's enterprise became one of four exclusive dealers for white cement from PWCC. The dealership agreement required Gaw to pay a deposit and stipulated monthly delivery quotas. Subsequently, on February 2, 1979, Gaw entered into a marketing agreement with Uy Diet Tan, allowing Tan to withdraw cement and necessitating a separate deposit of P250,000. However, PWCC refused to accept Tan’s deposit, which led to a series of disputes and legal actions.

Legal Proceedings Leading to the Dispute

Tan filed a complaint against Gaw for specific performance and damages after PWCC refused to accept the deposit intended for Gaw’s account. The initial court ruling granted Tan a restraining order against Gaw, leading to substantial financial claims from both parties. Gaw subsequently sought damages against Tan for losses incurred following the restraining order.

Trial Court Decision

The trial court, after considering the evidence presented, ruled in favor of Gaw, ordering Tan to pay him P20,000 as actual damages and P10,000 as attorney's fees. The court based its decision on the assertion that the restraining order caused Gaw to incur losses from a profitable contract with Mandee Commercial.

Intermediate Appellate Court Reversal

The Intermediate Appellate Court reversed the trial court's decision, asserting that the claims for damages from Gaw should have been included in Tan's initial complaint. The appellate court held that Gaw failed to demonstrate that the restraining order was maliciously sought or lacked probable cause, citing precedents regarding prosecutorial malice.

Supreme Court Review

Gaw petitioned for a review, arguing errors of both law and fact. The Supreme Court acknowledged the usual limitation of its jurisdiction concerning appellate court findings but recognized that conflicts between the trial court and appellate court necessitated a review of factual findings.

Conflicting Factual Findings

The trial court and the appellate court disagreed on whether the marketing agreement was effectively executed. The appellate court contended that Gaw was at fault for not implementing the agreement properly, while the trial court placed responsibility on the restraining order's impact.

Legal Assessment of Contracts

The Supreme Court examined the contractual agreements between Gaw and Tan, emphasizing that the written terms must be clos

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