Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1911 > March 1911 Decisions > G.R. No. 4877 March 31, 1911 - CRISANTO LICHAUCO v. CHO-CHUN CHAC

019 Phil 258:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 4877. March 31, 1911.]

CRISANTO LICHAUCO, Plaintiff-Appellee, v. CHO-CHUN CHAC, Defendant-Appellant.

W. H. Bishop and Gibbs & Gale, for Appellant.

Felipe Agoncillo, for Appellee.

SYLLABUS


1. BREACH OF CONTRACT; JUDGMENT FOR SPECIFIC PERFORMANCE; RIGHTS OF JUDGMENT CREDITOR. — By a final judgment, dated November 19, 1900 (under the system of procedure in force prior to the enactment of the Code of Civil Procedure, dated August 7, 1901), the construction of two launches, at the expense of the defendant, was authorized on plaintiff’s prayer for the specific performance of a certain contract. Held, That under that judgment plaintiff was entitled to have the original contract executed at the cost of the defendant and to recoup any loss which he-might incur, resulting from the necessary expenditure therein of a greater amount than the contract price; but that the plaintiff, under the terms of the former judgment, had no right to abandon his claim for specific performance and to convert the judgment for specific performance into a judgment for damages, the only measure of which, as he contends, is the difference between the contract price and the estimated, not the actual costs of executing the original contract.


D E C I S I O N


CARSON, J.:


Without attempting to review in detail the involved and somewhat unusual course of the long drawn out litigation which culminated in this appeal, and without discussing the contentions of the parties as to various alleged errors in procedure which in our opinion in no wise affect the merits of the real issue involved in this appeal, we think that upon the pleadings and the evidence the judgment of the court below must be sustained in so far as it allows to the plaintiff the sum of P1,824.16, the difference between the actual cost price and the contract price of the launch constructed at the expense of the defendant under the terms of the final judgment of the Supreme Court dated November 18, 1900; but that the judgment of the court below must be reversed in so far as it allows to the plaintiff the sum of P11,900, the difference between the contract price and the estimated cost of constructing two other launches, the construction of which at the cost of the defendant was authorized by the above mentioned judgment of the Supreme Court but not actually executed in accordance with the terms of that judgment; and further, we are of opinion that the judgment of the court below must be reversed in so far as it denies the right of the plaintiff to recover in this action the sum of P4,895, with interest from the 6th day of March, 1907, the date of the filing of the complaint, that being the amount advanced by the plaintiff over and above the contract price of the single launch actually constructed in conformity with the original contract, and which would have been, credited to the plaintiff in the settlement of his indebtedness had all the launches been constructed under the contract.

In support of our conclusions it is sufficient, we think, to indicate: First, That the defendant can not be heard at this time to deny the binding effect upon him of the final judgment rendered against him in 1900, which he has never sought to have set aside, and for the performance of which he was bound by his own action in appearing to "sustain the right of the defendant as the legitimate son and heir of the latter." Second, That the evidence satisfactorily establishes that the launch actually constructed under the terms of the judgment was in fact constructed for the plaintiff "at the expense of the defendant" at a cost which exceeded the original contract price by the sum of P1,824.16. Third, That the judgment of the Supreme Court dated November 18, 1900, on which plaintiff relies in this action, secured to him the right to have specific performance of the original contract, or to have the contract executed at the expense of the defendant and recoup any loss which he might incur resulting from the necessary expenditure therein of a greater amount than the contract price. But this judgment made no express provision for the recovery by him of damages unless the contract was actually executed at the expense of the defendant; and the plaintiff having elected to sue for specific performance and secured judgment therefor can not be permitted arbitrarily to abandon the contract for the specific enforcement of which judgment was granted, and convert the judgment for specific performance into a judgment for damages the only measure of which is the difference between the contract price and the estimated, not the actual cost of executing the contract at the time when he elects to have that estimate made. We may add that the evidence of record satisfies us that plaintiff did, in fact, abandon the unexecuted portion of the contract long prior to the institution of this action. Fourth, That the complaint in this action clearly and specifically prays for the recovery of the above-mentioned sum of P4,895 which was advanced by the plaintiff on account of the unexecuted portion of the contract, and the evidence satisfactorily establishing the justice of the claim and the amount of the advance as alleged, we know of no reason why he should not have had judgment therefor in this action, without being put to the expense and delay involved in the institution of a separate action therefor as seems to have been required by the court below. The justice of this particular claim not having been substantially denied at the trial in the court below, and disallowing as we do the greater part of the judgment in favor of the plaintiff in the court below, we are of opinion that the modified judgment to be entered by this court should dispose as far as may be of this as well as of all the other issues involved in these proceedings, and thus, perhaps, bring an end to litigation which so long has vexed the courts and the interested parties.

Twenty days hereafter let judgment be entered in favor of the plaintiff for the sum of P6,719.16, with legal interest thereon from the 6th day of March, 1907, affirming so much of the judgment below as is in conformity herewith, and reversing so much thereof as is not, without cost to either party in either instance. Ten days thereafter let the record be returned to the court below for execution of the above judgment, and for such further proceedings as may be necessary and proper to make it effective.

Arellano, C.J., Mapa and Trent, JJ., concur.

Separate Opinions


MORELAND, J., concurring:chanrob1es virtual 1aw library

I do not agree with so much of the decision as finds against the defendant for the sum of P4,895. With the rest I concur.

Endnotes:



1. Not published.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1911 Jurisprudence                 

  • G.R. Nos. L-5600 and 5602 March 2, 1911 - FROEHLICH & KUTTNER v. INSULAR COLLECTOR OF CUSTOMS

    018 Phil 461

  • G.R. No. L-6064 March 2, 1911 - UNITED STATES v. SY-SUIKAO

    018 Phil 482

  • G.R. No. L-6289 March 2, 1911 - JOSE M. ARROYO v. MATIAS GRANADA

    018 Phil 484

  • G.R. No. L-6300 March 2, 1901

    UNITED STATES v. JACINTA MATA, ET AL.

    018 Phil 490

  • G.R. No. L-6411 March 2, 1911 - UNITED STATES v. PEDRO REYES

    018 Phil 495

  • G.R. No. L-6423 March 2, 1911 - UNITED STATES v. SIMEON QUIAOIT

    018 Phil 499

  • G.R. No. L-6457 March 2, 1911 - UNITED STATES v. ISIDRO MADAMBA

    018 Phil 501

  • G.R. No. L-6486 March 2, 1911 - UNITED STATES v. RAFAEL B. CATOLICO

    018 Phil 504

  • G.R. No. L-6510 March 2, 191

    UNITED STATES v. POLICARPIO GAVARLAN

    018 Phil 510

  • G.R. No. L-5969 March 3, 1911 - UNITED STATES v. CEFERINO BENITEZ, ET AL.

    018 Phil 513

  • G.R. No. L-6050 March 3, 1911 - UNITED STATES v. EMILIANO RAMOS

    018 Phil 518

  • G.R. No. L-6059 March 3, 1911 - UNITED STATES v. ARCADIO BERNALES

    018 Phil 525

  • G.R. No. L-6330 March 6, 1911 - UNITED STATES v. JUAN ORACION, ET AL.

    018 Phil 530

  • G.R. No. L-6493 March 9, 1911 - UNITED STATES v. AGATON NER

    018 Phil 534

  • G.R. No. L-5446 March 10, 1911 - MANUEL CEA v. MARIANO P. VILLANUEVA

    018 Phil 538

  • G.R. No. L-6409 March 10, 1911 - UNITED STATES v. TOMAS CRUZ

    018 Phil 543

  • G.R. No. L-5554 March 11, 1919

    JUAN NOEL v. GERONIMO GODINEZ, ET AL.

    018 Phil 546

  • G.R. No. L-5619 March 11, 1919

    ENGRACIO ORENSE v. CIRILIO JAUCIAN

    018 Phil 553

  • G.R. No. L-5752 March 11, 1911 - UNITED STATES v. LORENZO SISON

    018 Phil 557

  • G.R. No. L-6102 March 11, 1911 - UNITED STATES v. RUFINO DINEROS

    018 Phil 566

  • G.R. No. L-6110 March 11, 1911 - UNITED STATES v. NARCISO DUCO

    019 Phil 1

  • G.R. No. L-6177 March 11, 1911 - UNITED STATES v. JULIANA BRIOSO

    019 Phil 3

  • G.R. No. 6189 March 11, 1911 - FAUSTINO LICHAUCO v. TEODORO LIMJUCO, ET AL.

    019 Phil 12

  • G.R. No. L-6343 March 11, 1911 - UNITED STATES v. MANUEL RODRIGUEZ

    019 Phil 23

  • G.R. No. L-6445 March 11, 1911 - UNITED STATES v. SILVINO MADAMBA

    019 Phil25cralaw:red

  • G.R. No. L-6483 March 11, 1911 - UNITED STATES v. FILEMON MENDEZ

    019 Phil 28

  • G.R. No. L-4641 March 13, 1911 - SEMINARY OF SAN CARLOS v. MUNICIPALITY OF CEBU

    019 Phil 32

  • G.R. No. L-5741 March 13, 1911 - ESTANISLAUA ARENAS v. FAUSTO O. RAYMUNDO

    019 Phil 46

  • G.R. No. L-5358 March 16, 1911 - LEE LIONG v. ISIDORO HIZOLA

    019 Phil 57

  • G.R. No. L-5729 March 16, 1911 - VICENTE PADILLA v. SIMEON LINSANGAN

    019 Phil 65

  • G.R. No. 6219 March 16, 1911 - UNITED STATES v. MARTIN DOMINGO

    019 Phil 69

  • G.R. No. L-6407 March 16, 1911 - FRANCISCA FERNANDEZ v. R.M. SHEARER

    019 Phil 75

  • G.R. No. L-6410 March 16, 1911 - ALEJANDRO TECSON v. LA CORPORACION DE LOS PP. DOMINICOS

    019 Phil 79

  • G.R. No. L-5174 March 17, 1911 - CANDIDO PASCUAL v. EUGENIO DEL SAZ OROZCO

    019 Phil 82

  • G.R. No. L-5759 March 17, 191

    WALTER E. OLSEN & CO. v. MATSON

    019 Phil 102

  • G.R. No. 6485 March 17, 1911 - GUTIERREZ HERMANOS v. ORIA HERMANOS

    019 Phil 104

  • G.R. No. L-6002 March 18, 1911 - AMERICAN SURETY OF NEW YORK, ET AL. v. PRUDENCIO BATANGAN

    019 Phil 110

  • G.R. No. L-6061 March 18, 1911 - UNITED STATES v. MATEO PADO, ET AL.

    019 Phil 111

  • G.R. No. L-6082 March 18, 1911 - UNITED STATES v. ISIDRO VICENTILLO

    019 Phil 118

  • G.R. No. L-6231 March 18, 1911 - CELESTINO SYTIAR CLEMENTE v. AMBROSIO MARASIGAN

    019 Phil 120

  • G.R. No. 6365 March 18, 1911 - CANUTA GUERRERO v. EULALIO SINGSON, ET AL.

    019 Phil 122

  • G.R. No. 6469 March 18, 1911 - UNITED STATES v. EUSTAQUIO SIMBAHAN

    019 Phil 123

  • G.R. No. 6378 March 20, 1911 - UNITED STATES v. PELAGIO CAPA, ET AL.

    019 Phil 125

  • G.R. No. 6624 March 20, 1911 - UNITED STATES v. PEDRO BANILA

    019 Phil 130

  • G.R. No. L-6160 March 21, 1911 - UNITED STATES v. DANIEL NAVARRO

    019 Phil 134

  • G.R. No. L-6230 March 21, 1911 - A.R. HAGER v. ALBERT J. BRYAN

    019 Phil 138

  • G.R. No. 6276 March 21, 1911 - TOMASA M. SANTIAGO ET AL. v. MARCELA C. CRUZ

    019 Phil 145

  • G.R. No. 6344 March 21, 1911 - UNITED STATES v. MANUEL RODRIGUEZ, ET AL.

    019 Phil 150

  • G.R. No. 6481 March 21, 1911 - UNITED STATES v. QUINTIN MONDEJAR

    019 Phil 158

  • G.R. No. 5688 March 22, 1911 - HENRY BLUM v. MARIANO BARRETTO

    019 Phil 161

  • G.R. No. 6432 March 22, 1911 - UNITED STATES v. PEDRO BALAGTAS, ET AL.

    019 Phil 164

  • G.R. No. L-6008 March 23, 1911 - UNITED STATES v. FAUSTINA ORTIZ, ET AL.

    019 Phil 174

  • G.R. No. L-6128 March 23, 1911 - UNITED STATES v. SILVESTRE ARZADON

    019 Phil 175

  • G.R. No. 6427 March 23, 1911 - UNITED STATES v. CONSTANCIO FLORES

    019 Phil 178

  • G.R. No. 6491 March 23, 1911 - UNITED STATES v. TAMPACAN, ET AL.

    019 Phil 185

  • G.R. No. L-5815 March 24, 1911 - UNITED STATES v. PALA, ET AL.

    019 Phil 190

  • G.R. No. L-3026 March 25, 1911 - UNITED STATES v. MELCHOR BABASA

    019 Phil 198

  • G.R. No. L-5333 March 25, 1911 - UY ALOC, ET AL. v. CHO JAN LING, ET AL.

    019 Phil 202

  • G.R. No. L-5640 March 25, 1911 - BENIGNO GOITIA v. CHARTERED BANK OF INDIA

    019 Phil 206

  • G.R. No. L-5843 March 25, 191

    UNITED STATES v. CANUTO GUSTILO

    019 Phil 208

  • G.R. No. L-6016 March 25, 1911 - ANDRES PUNZALAN v. SISENANDO FERRIOLS

    019 Phil 214

  • G.R. No. L-6019 March 25, 1911 - JUAN N. ARAGON v. INSULAR GOVERNMENT

    019 Phil 223

  • G.R. No. 6372 March 27, 1911 - UNITED STATES v. PASCUAL MOLINA

    019 Phil 227

  • G.R. No. 6354 March 28, 1911 - UNITED STATES v. EDUARDO SALAZAR, ET AL.

    019 Phil 233

  • G.R. No. L-5939 March 29, 1911 - JOSE MARIN v. VALENTINA NACIANCENO

    019 Phil 238

  • G.R. No. 6760 March 29, 1911 - NICOLAS E. NUÑEZ v. CHAS. A. LOW

    019 Phil 244

  • G.R. No. 6044 March 30, 1911 - MANUEL M. PADIN v. R. E. HUMPHEMREYS, ET AL.

    019 Phil 254

  • G.R. No. 4877 March 31, 1911 - CRISANTO LICHAUCO v. CHO-CHUN CHAC

    019 Phil 258