Petitioner
Spouses Erlinda Batal
Respondent
Spouses Luz San Pedro
Citation
G.R. No. 164601
Court
Supreme Court
Division
First Division
Ponente
Austria-Martinez, J.
Decided
September 27, 2006

Summary

This case involves a breach of surveying contract where spouses Batal were hired to conduct property survey and boundary determination for spouses San Pedro-Tominaga's lot in Bulacan. Frank Batal, who was not a licensed geodetic engineer, placed boundary markers without proper supervision from his wife Erlinda, the actual licensed professional. Based on these inaccurate markers, respondents constructed a P250,000.00 concrete fence that encroached on an adjacent right-of-way. When the encroachment was discovered, petitioners admitted the mistake but failed to honor their promise to share demolition costs. All three court levels found petitioners liable for contractual negligence under Civil Code Articles 1170-1173, awarding P300,000.00 actual damages, attorney's fees, and costs. The Supreme Court affirmed, emphasizing that parties cannot renege on affirmative acts that others relied upon to their detriment.

Statutes applied

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By the Intellegal Editorial Board · September 27, 2006

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