G.R. No. 247724 - DIMAYUGA LAW OFFICES, VS. TITAN-IKEDA CONSTRUCTION AND DEVELOPMENT CORPORATION.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the petition is hereby GRANTED . The March 15, 2002 decision and May 29, 2003 resolution of the Court of Appeals in CA-G.R. CV No. 61353 and the August 5, 1998 decision of the Regional Trial Court, Branch 58, Makati City in Civil Case No. 97-1501 are hereby SET ASIDE . New judgment is entered: 1. ordering petitioner Titan-Ikeda Construction and Development Corporation to return to respondent Primetown Property Group, Inc. the condominium units and parking slots corresponding to the payment made in excess of the proportionate (project) cost of its actual accomplishment as of October 12, 1995 , subject to its (petitioner's) allowable claims as stated in the inventory; and 2. dismissing petitioner Titan-Ikeda Construction and Development Corporation's claims for the cost of additional work (or change order) and damages . The records of this case are remanded to the Regional Trial Court of Makati City, Branch 58 for: 1. the reception of additional evidence to determine: (a) the percentage of the architectural work actually completed by petitioner Titan-Ikeda Construction and Development Corporation as of October 12, 1995 on the Makati Prime Tower; and (b) the number of condominium units and parking slots sold by petitioner Titan-Ikeda Construction and Development Corporation to third persons. 2. the computation of petitioner Titan-Ikeda Construction and Development Corporation's actual liability to respondent Primetown Property Group, Inc. or vice-versa, and the determination of imposable interests and/or penalties, if any. SO ORDERED.