G.R. No. 176917 - CONTINENTAL CEMENT CORP., VS. FILIPINAS (PREFAB) SYSTEMS, INC..[G.R. NO. 176919] FILIPINAS (PREFAB) SYSTEMS, INC., VS. CONTINENTAL CEMENT CORP..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, finding that the defendant failed to perform its obligation under the Compromise Agreement dated October 4, 1993, without any justification, the plaintiff's expansion project on time or within the 109 calendar days, from October 6, 1993 to January 23, 1994, as agreed and without fault on plaintiff's part, this Court hereby orders said defendant to pay the plaintiff the following: The sum of Twelve Million Three Hundred Forty Five Thousand Pesos (Php 12,345,000.00) in liquidated damages pursuant to the Compromise Agreement; The sum of Fifty Million Three Hundred Thirty Eight Thousand Two Hundred Twenty One Pesos and Sixty One Centavos (Php 50,338,221.61) for the cost of finishing plaintiff's expansion cement plant, pursuant to Article 1167 of the Civil Code; and Four Million One Hundred Fifteen Thousand Pesos (Php 4,115,000.00) for attorney's fees, as provided for in the Compromise Agreement. Plus costs. SO ORDERED.