Professional Documents
Culture Documents
Limketkai Sons Milling, Inc. v. CA (1996)
Limketkai Sons Milling, Inc. v. CA (1996)
*
G.R. No. 118509. March 29, 1996.
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* THIRD DIVISION.
627
628
RESOLUTION
FRANCISCO, J.:
**
In this motion for reconsideration, the Court is called
upon to take a second hard look on its December 1, 1995
decision reversing and setting aside respondent Court of
Appeals’ judgment of August 12, 1994 that dismissed
petitioner Limketkai Sons Milling Inc.’s complaint for
specific performance and damages against private
respondents Bank of Philippine Islands (BPI) and National
Book Store (NBS). Petitioner Limketkai Sons Milling, Inc.,
opposed the motion and filed its Consolidated Comment, to
which private respon-
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“2. The information upon which petitioner relies is utterly without foundation in
fact and is nothing but pure speculation or wistful yearning. The Chief Justice
wishes to state for the record that while still in private practice, he never had
occasion to represent the “National Bookstore and/or its principal owner, the
Ramos family,” in any case or matter whatsoever; that he has never had any
transaction at all with them and that indeed, he has no recollection of ever having
even purchased anything from said store; and that he does not know, and as far as
he knows he never met, any member of the Ramos family described as principal
owners of the National Bookstore.
“3. There is thus absolutely no reason for the inhibition of the Chief Justice in
this case, and he will continue to take part in all ‘subsequent deliberations in this
case.’ ”
630
630 SUPREME COURT REPORTS ANNOTATED
Limketkai Sons Milling, Inc. vs. Court of Appeals
23 June 1988
ASSETRADE CO.
70 San Francisco St.
Capitol Subdivision
Pasig, Metro Manila
Gentlemen:
This will serve as your authority to sell on an “as is” “where is”
basis the property located at Pasig Blvd., Bagong Ilog, Pasig,
Metro Manila, under the following details and basic terms and
conditions:
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5 Id.
6 Id.
631
This authority which is good for thirty (30) days only from date
hereof is non-exclusive and on a ”first-come” “first-serve” basis.
Very truly yours,
BANK OF THE PHILIPPINE ISLANDS
as trustee of
Philippine Remnants Co., Inc.
(Sgd.) (Sgd.)
FERNANDO J. SISON, III ALFONSO R. ZAMORA
Assistant Vice-President Vice President”
[Note: Emphasis supplied]
08 July 1988
Dear Sir:
Please allow Mr. Pedro Revilla, Jr., whose specimen signature appears
below, and company to enter the premises that you are securing located at
the above-given address for the purpose of conducting an ocular inspection
and verification survey of the same.
632
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(Sgd.) (Sgd.)
PEDRO REVILLA, JR. ROLANDO V. AROMIN
Assistant Vice-President
July 9, 1988
Gentlemen:
I refer to the authority you gave me on June 23, 1988, in your capacity
as Trustee of the Philippine Remnants Co., Inc., in connection with the
sale of one (1) parcel of land, located along Pasig Boulevard, Bagong Ilog,
Pasig, Metro Manila, with an area of 33,056 square meters and covered by
Transfer Certificate of Title No. 493122.
I am pleased to inform you that I have procured a buyer for the above
described property in the name of Limketkai Sons Milling, Inc., with office
address at Limketkai Building, Greenhills, San Juan, Metro Manila and
represented by its Executive Vice President, Mr. Alfonso Lim.
It is understood therefore, that pursuant to my authority, I shall be
paid a brokers fee of 2% of the gross purchase price in the
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Gentlemen:
634
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Gentlemen:
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(Sgd.) (Sgd.)
ALFONSO R. ZAMORA FERNANDO J. SISON III
Vice President Asst. Vice President
The Chairman
Trust Committee
Bank of the Philippine Islands
Makati, Metro Manila
Dear Sir:
We are in receipt of the letter dated July 20, 1988, signed by Mr.
Alfonso Zamora and Mr. Fernando J. Sison III, copy of which we are
hereto attaching.
Please consider our letter of July 21, 1988 addressed to Mr. Xavier P.
Loinaz, Bank President, and copy furnished your committee, as our reply
thereto.
We are, therefore, hereby adopting and reiterating our former offer to
buy the lot at P1,000.00 per square meter but on cash basis.
Very truly yours,
LIMKETKAI SONS MILLING, INC.
(Sgd.)
ALFONSO U. LIM
Executive Vice-President
636
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Gentlemen:
(Sgd.) (Sgd.)
NELSON M. BONA FERNANDO J. SISON III
Vice President Asst. Vice President
August 8, 1988
637
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Asst. Vice-President
BANK OF THE PHILIPPINE ISLANDS
Manila
Gentlemen:
638
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639
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640
640 SUPREME COURT REPORTS ANNOTATED
Limketkai Sons Milling, Inc. vs. Court of Appeals
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642
“ATTY. VARGAS:
Before I proceed with the cross-examination of the
witness, your Honor, may we object to the particular
portion of the affidavit which attempt to prove the
existence of averbal contract to sell more specifically
the answers contained in page 3. Par. 1, the whole of
the answer.
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22 43 SCRA 473.
23 34 Phil. 739.
24 Abrenica, (supra) at p. 746, citing Kreigh v. Sherman, 105 Ill., 49; 46
Am. Dig., Century Ed., 932.
25 In Talosig v. Vda. de Nieba, for instance, a deed of sale executed
between the parties was undisputed, as well as the existence of receipts
evidencing payment; while in Abrenica v. Gonda and De Gracia, counsel
for the defendant never raised any objection to the examination of the
witnesses which elicited testimony tending to prove the contract. Only
after the examination was terminated did counsel move to strike out all
the given testimony.
643
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26 CA Decision, pp. 13-14; Rollo, pp. 56-57; Pedro Revilla, Jr., TSN,
February 28, 1989, pp. 3-5.
27 Memorandum For Respondent Bank of the Phil. Islands, April 24,
1995, p. 16; Rollo, p. 229.
644
DISSENTING OPINION
MELO, J.:
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650
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654
The record shows that the two bank officials were the ones
who dictated the terms of payment, as Albino Limketkai
told them that he did not know how to go about drafting
the request to pay on terms. It bears emphasizing that
Exhibit “E,” the letter asking for term payments, was made
in the afternoon of July 11, 1988 or after the parties
already had a meeting of the minds on the contract.
Respondents ask why did Limketkai, if there was
already a perfected contract to pay at P1,000.00 per square
meter in cash, allow itself to supposedly yield to the BPI
officials blandishments on term payments, knowing that it
would endanger its position?
The answer is that Limketkai did not know. The record
shows that the buyer was dealing in good faith and at
armslength with BPI. It is a natural behavior of the buyer
to trust the word of BPI officials who represent the bank,
as the bank
655
We would like to invite your kind attention that we are the “First-
come” offeror of the lot. And, while the price mentioned in the
authority granted to Mr. Revilla is P1,100.00 per square meter,
nonetheless, in the negotiations between us and your responsible
bank officials done in the presence of Mr. Revilla, the price per
square meter was finally agreed at P1,000.00.
True, we requested for payment of the price on terms but,
should the terms be not accepted by your bank, we were ready to
pay in cash per our understanding with your Mr. Albano and Mr.
Aromin and which we have clearly made known in our July 21,
and July 22, 1988 letters. As a matter of fact, even before July 21
and 22, 1988 we personally tendered a check for the entire
purchase price to Mr. Albano but he refused to accept the check
because, according to him, the authority to transact the sale was
taken away from him. The same proposal to pay in cash was made
by us in a meeting with Mr. Bona, Mr. Sison and other Bank
officials, and we were told that the matter will be resolved by the
Bank officials concerned in due time but nothing positive came
about. We are still ready to buy the subject property at P1,000.00
per square meter on cash basis.
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VOL. 255, MARCH 29, 1996 657
Limketkai Sons Milling, Inc. vs. Court of Appeals
659
660
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