Petitioner
Jan-Dec Construction Corporation
Respondent
Court of Appeals
Citation
G.R. No. 146818
Court
Supreme Court
Division
First Division
Ponente
Austria-Martinez, J.
Decided
February 6, 2006

Summary

Jan-Dec Construction Corporation sued Food Terminal, Inc. to enforce a contractor's lien for unpaid construction work performed for Intermodal on Food Terminal's leased property. The Regional Trial Court dismissed the complaint against Food Terminal for failure to state a cause of action, finding no contractual privity. The Court of Appeals dismissed Jan-Dec's certiorari petition as an improper remedy. The Supreme Court ultimately dismissed the case, holding that while the CA erred in its procedural ruling, Jan-Dec failed to use the proper appellate remedy and lacked a valid cause of action against Food Terminal, as the contractor's lien provision applies only in insolvency proceedings with multiple creditors, not against non-contracting property owners.

Statutes applied

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By the Intellegal Editorial Board · February 6, 2006

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