JOSE LAGON VS. HOOVEN COMALCO INDUSTRIES, INC. G.R. No. 135657 January 17, !!1 "a#$%: Petitioner Jose V. Lagon is a businessman and owner of a commercial building in Tacurong, Sultan Kudarat. Respondent HV!" on t#e ot#er is a domestic corporation $nown to be t#e biggest manufacturer and installer of aluminum materials in t#e countr% wit# branc# office at !. &uirino '(enue, )a(ao *it%. *it %. Sometime in 'pril +-+ Lagon and HV!" entered into two /0 contracts, bot# denominated Proposal, w#ereb% for a total consideration of P+12,-31.11 HV!" agreed to sell and install (arious aluminum materials in Lagon4s commercial building in Tacurong, Sultan Kudarat. 5pon e6ecution of t#e contracts, Lagon paid HV!" P2-,111.11 in ad(ance. Lagon, in #is answer, denied liabilit% and a(erred t#at HV!" was t#e part% guilt% of breac# of contract b% failing to deli(er and install some of t#e materials specified in t#e proposals7 t#at as a conse8uence #e was compelled to procure t#e undeli(ered materials from ot#er sources7 t#at as regards t#e materials dul% deli(ered and installed b% HV!", t#e% were full% paid. He counterclaimed for actual, moral, e6emplar%, temperate and nominal damages, as well as for attorne%4s fees and e6penses of litigation. I%%u&: 9#et#er or not all t#e materials specified in t#e contracts #ad been deli(ered and installed b% respondent in petitioner4s commercial building in Tacurong, Sultan Kudarat. Ru'(n): irstl%, t#e 8uantit% of materials and t#e amounts sated in t#e deli(er% receipts do not tall% wit# t#ose in t#e in(oices co(ering t#em, notwit#standing t#at, according to HV!" ;* 'lberto Villanue(a, t#e in(oices were based merel% on t#e deli(er% receipts. Secondl%, t#e total (alue of t#e materials as reflected in all t#e in(oices is P++3,ect. ;ndeed, it is contrar% to common e6perience t#at a creditor would ta$e its own sweet time in collecting its credit, more so in t#is case w#en t#e amount in(ol(ed is not miniscule but substantial. 'll t#e deli(er% deli(er% receipts did did not appear appear to #a(e #a(e been signed b% petitioner petitioner or #is #is dul% aut#ori?e aut#ori?ed d representati(e ac$nowledging receipt of t#e materials listed t#erein. ' closer e6amination of t#e receipts clearl% s#owed t#at t#e deli(eries were made to a certain Jose Rubin, claimed to be petitioner4s dri(er, 'rmando Lagon, and a certain boo$$eeper. 5nfortunatel% for HV!", t#e identities of t#ese persons were ne(er been establis#ed, and t#ere is no wa% of determining now w#et#er t#e% were indeed aut#ori?ed representati(es of petitioner. 9H!R!R!, t#e assailed )ecision of t#e *ourt of 'ppeals dated /- 'pril +3 is @);;!). Petitioner Jose V. Lagon is ordered to pa% respondent Hoo(en *omalco ;ndustries, ;nc., PA,<33.AA representing t#e (alue of t#e unpaid materials admittedl% deli(ered to #im. n t#e ot#er #and, respondent is ordered to pa% petitioner P=1,111.11 as moral damages, P<1,111.11 as attorne%4s fees and P2A,==2.=1 as actual damages and litigation e6penses.
