Title
Pascua vs. G and G Realty Corp.
Case
G.R. No. 196383
Decision Date
Oct 15, 2012
Construction dispute: contractor completed project despite delays from owner's additional works; Supreme Court ruled owner must pay balance under quantum meruit, reversing appellate court.

Case Summary (G.R. No. 196383)

Agreement and Construction Scope

The parties entered into a construction contract wherein petitioner undertook the construction with the obligation to provide necessary materials, labor, technical expertise, and supervision, while respondent was to pay the contract price of ₱11,100,000.00. During the project, respondent demanded additional and change order works not covered by the original contract, leading to a temporary halt in the construction of the main building to prioritize these new requirements.

Trial Court Findings and Ruling

The trial court found the delay in project completion reasonable, attributing it to the additional works ordered by respondent, which were documented and undisputed. Petitioner successfully demonstrated the completion of punch list repairs through credible testimonial and documentary evidence. Consequently, the trial court ruled in favor of petitioner, ordering respondent to pay the remaining contract balance minus government permit and tax costs, attorney's fees, and costs of suit.

Court of Appeals Initial Decision

The Court of Appeals affirmed the trial court’s ruling but deleted the award of attorney's fees due to lack of basis. It modified the payment to deduct penalties and costs related to violations cited by regulatory agencies.

Court of Appeals Amended Decision on Reconsideration

Upon motion for reconsideration by respondent, the Court of Appeals vacated its initial ruling and reversed the decision, holding petitioner liable for the delay due to accepting two separate repair contracts which allegedly postponed project completion. The Court ordered petitioner to pay penalties related to BFP and Maynilad violations, refund balances, and cover costs of suit.

Issues Raised in the Petition for Review

Petitioner assailed the amended decision on several grounds:

  1. The reversal was erroneous and contrary to overwhelming evidence supporting petitioner’s claim.
  2. The Court of Appeals misinterpreted facts and misappreciated evidence.
  3. The appellate court admitted hearsay evidence improperly.
  4. Respondent lacked authority to appeal.
  5. The appellate court improperly awarded penalties in absence of payment of required filing fees for counterclaims.

Supreme Court’s Analysis on the Merits

The core issue was petitioner's entitlement to the unpaid contract balance. The Supreme Court gave deference to the trial court’s factual findings, confirmed by unrebutted testimonial and documentary evidence, which showed that delays were caused by respondent’s additional works and order changes. The Court emphasized that the Court of Appeals improperly disregarded this evidence and relied on hearsay in reversing the trial court’s judgment.

Legal Principles Reinforced

  1. The reciprocal obligations under a construction contract: contractor must build, owner must pay upon completion.
  2. Quantum meruit principle

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