Petitioner
Caloocan Consortium Corporation
Respondent
Hon. Court of Appeals
Citation
G.R. No. 157899
Court
Supreme Court
Division
Third Division
Decided
March 21, 2018

Summary

This Supreme Court case involved a construction contract dispute between Caloocan Consortium Corporation and Remal Enterprises, Inc. over a warehouse construction project. The petitioner sought changes during construction for safety reasons, but REI refused, causing delays. When petitioner completed only 73.75% of the work within the agreed timeframe, REI successfully moved for contract rescission in the trial court. The Court of Appeals upheld the rescission under Article 1191 of the Civil Code, finding substantial breach justifying rescission. However, the Supreme Court ultimately dismissed the appeal as moot and academic because the underlying civil case had been finally resolved through subsequent proceedings, including orders directing payment of the performance bond and damages. The case demonstrates the application of Civil Code provisions on contract rescission for breach of reciprocal obligations in construction agreements.

Statutes applied

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By Intellegal Editorial Board · March 21, 2018

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