Tanguling v. CA
Tanguling v. CA
Tanguling v. CA
CA (1997)
Petitioners: JACINTO TANGUILIG, DOING BUSINESS UNDER THE NAME AND STYLE
J.M.T. ENGINEERING AND GENERAL MERCHANDISING
Respondents: COURT OF APPEALS AND VICENTE HERCE JR.,
Ponente: BELLOSILLO
Topic: Remedies for Breach
SUMMARY: (1-2 sentence summary of facts, issue, ratio and ruling)
FACTS:
-
ISSUES:
NOTES:
WoN the agreement to construct the windmill included the installation of a deep well
o NO. Although the words deep well and deep well pump appear in the
proposal, they are preceded by the prepositions for and suitable for which
were meant only to convey the idea that the proposed windmill would be
appropriate for a deep well pump of a specific size. If the real intent was to
include the deep well, and or with would have been used.
o In case of doubt in the interpretation of contracts, contemporaneous and
subsequent acts shall be principally considered. An examination of such acts of
respondent as well as the attendant circumstances does not persuade the court
to uphold respondent.
o Herce insists that Tanguilig verbally agreed that the contract price covered the
installation of a deep well and that since petitioner did not have the capacity to do
so, SPGMI was hired to do the work, the cost of which was to be deducted from
the contract price. Such agreement is unsubstantiated since no evidence of such
agreement was presented to the court. Moreover, it was Herce who paid P15k to
Pili, indicating that the contract for the deep well was not part of the windmill
project but a separate agreement between Herce and Pili.
o Neither can Herce claim that Pili accepted his payment on behalf of Tanguilig as
per NCC, A1240 since it does not appear that Pili was authorized to do so.