G.R. No. 243317 - FLORANTE G. AGUILA, COMGLASCO AGUILA GLASS CORPORATION AND VALIENTE SELECT VENTURE, INC., VS. PERFECT DIMENSION CORPORATION, ENGR. RONALDO S. GUEVARRA** AND ENGR. MARK LUMBAY.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, PDC et al. shall be liable only for a total of 76.33 days, i.e., 28.33 days plus 48 days. [19] On the issue of alleged defective works, Aguila et al. failed to present sufficient evidence to prove that PDC is liable for defective works. It cannot rely on the certifications issued by Arch. Salamanca [20] from Century because he was not presented as a witness; the same is true with the documentary exhibits submitted by Aguila et al. on the damage on the flooring or wall tiles because these were mere certifications and not official commercial documents, and the persons certifying them were not presented as witnesses. The CIAC did not give weight to the testimony of Aguila on the photographs which he offered to prove the alleged defects because these were not properly identified and authenticated. [21] Lastly, the CIAC held that Engr. Lumbay complied with his obligations under the Engagement Letter. Engr. Lumbay presented sufficient evidence to prove that he carried out his obligations. Meanwhile, Aguila et al. failed to rebut the evidence submitted by Engr. Lumbay and did not provide documentary proof of any of the complaints they raised to Engr. Lumbay in the course of his engagement. [22] The Final Award's dispositive portion reads: WHEREFORE , the Tribunal resolves to: PARTIALLY GRANT Claimants' claim for liquidated damages against Respondents Perfect Dimension and Engr. Guevara and HOLD Respondent Perfect Dimension liable to Mr. Aguila and Comglasco for liquidated damages in the amount of [PHP] 601,480.40; DENY Claimants' claim for actual damages against Respondents Perfect Dimension and Engr. Guevara; DENY Claimants' claims for (a) Cost of labor, consultancy fees and other fees to finish the unfinished works; (b) Compensatory or indemnification for damages due to unrealized profits; (c) Return of payment made to Respondent Engr. Lumbay; (d) moral damages; and (e) Attorney's fees; PARTIALLY GRANT the claim of Perfect Dimension and Engr. Guevara for moral damages and attorney's fees, and HOLD Claimants liable to Engr. Guevara moral damages in the amount of [PHP] 50,000.00 and attorney's fees in the amount of [PHP] 50,000.00; GRANT Perfect Dimension's counterclaims for unpaid billings and HOLD Mr. Aguila and Comglasco liable to Perfect Dimension for accomplished works for [PHP] 2,246,605.80; GRANT Respondent Engr. Lumbay's counterclaims and HOLD Claimants liable to Engr. Lumbay for Attorney's fees of [PHP] 206,000.00, and HOLD Mr. Aguila liable to Engr. Lumbay for Unpaid billings for professional fees of [PHP] 425,000.00; DENY Claimants' claims for costs of arbitration; PARTIALLY GRANT the claim of Perfect Dimension and Engr. Guevara for costs of arbitration, and HOLD Claimants liable to Engr. Guevara for costs of arbitration in the amount of [PHP] 3,109.50; and GRANT Respondent Engr. Lumbay's counterclaim for costs of arbitration and HOLD Claimants liable to Engr. Lumbay for costs of arbitration of [PHP] 19,760.42. Setting off the am