VS. COURT OF APPEALS AND PHELPS DODGE PHILS., INC..

Ruling

accordingly reiterated its demand for the full payment of defendants account (Exh. P). [2] On 29 October 1987, private respondent Phelps Dodge Phils., Inc. filed a complaint before the Pasig Regional Trial Court against petitioner Barons Marketing Corporation for the recovery of P3,802,478.20 representing the value of the wires and cables the former had delivered to the latter, including interest. Phelps Dodge likewise prayed that it be awarded attorneys fees at the rate of 25% of the amount demanded, exemplary damages amounting to at least P 100,000.00, the expenses of litigation and the costs of suit. Petitioner, in its answer, admitted purchasing the wires and cables from private respondent but disputed the amount claimed by the latter. Petitioner likewise interposed a counterclaim against private respondent, alleging that it suffered injury to its reputation due to Phelps Dodges acts. Such acts were purportedly calculated to humiliate petitioner and constituted an abuse of rights. After hearing, the trial court on 17 June 1991 rendered its decision, the dispositive portion of which reads: WHEREFORE, from all the foregoing considerations, the Court finds Phelps Dodge Phils., Inc. to have preponderantly proven its case and hereby orders Barons Marketing, Inc. to pay Phelps Dodge the following: 1. P 3,108,000.00 constituting the unpaid balance of defendants purchases from plaintiff and interest thereon at 12% per annum computed from the respective expiration of the 60 day credit term, vis-à-vis the various sales invoices and/or delivery receipts; 2. 25% of the preceding obligation for and as attorneys fees; 3. P 10,000.00 as exemplary damages; 4. Costs of suit. [3] Both parties appealed to respondent court. Private respondent claimed that the trial court should have awarded it the sum of P3,802,478.20, the amount which appeared in the body of the complaint and proven during the trial rather than P3,108,000.00. The latter amount appears in petitioners prayer supposedly as a result of a typographical error. On the other hand, petitioner reiterated its claims for damages as a result of creditors abuse. It also alleged that private respondent failed to prove its cause of action against it. On 25 June 1996, the Court of Appeals rendered a decision modifying the decision of the trial court, thus: WHEREFORE, from all the foregoing considerations, the Court finds Phelps Dodge Phils., Inc. to have preponderantly proven its case and hereby orders Barons Marketing, Inc. to pay Phelps Dodge the following: 1. P 3,802,478.20 constituting the unpaid balance of defendants purchases from plaintiff and interest thereon at 12% per annum computed from the respective expiration of the 60 day credit term, vis-à-vis the various sales invoices and/or delivery receipts; and 2. 5% of the preceding obligation for and as attorneys fees. No costs. [4] Petitioner Barons Marketing is now before this Court alleging that respondent court erred when it held (1) privat