TANGUILIG v.

CA & HERCE
266 SCRA 78

Facts: Petitioner Jacinto Tanguilig contracted respondent Vicente Herce Jr. to construct a windmill
system for him for consideration of P60,000; pursuant to the agreement, respondent paid down
payment of P30,000 and installment of P15,000 and leaving a balance of P15,000. Respondent refused
to pay the remaining balance because he had already paid SPGMI to construct a deep well to be
connected in his windmill, on the other hand, petitioner claims that the P60,000 consideration is only for
the construction of the windmill and the construction of the deep well was not part of it.

Issue: Whether or not the agreement to construct the windmill system included the installation of

a deep well.

Ruling: No, the deep well was not part of the contract because it was not mention in the contract that a
deep well pump is a component of the proposed windmill system. It is a cardinal rule that in the
interpretation of contracts that the intention of the parties shall be accorded primordial consideration
and, in case of doubt, their contemporaneous and subsequent acts shall be principally considered.