Adriano married Rosario Adriano, herein respondent, on November 15, The two begot 2 sons, 3 daughters, and adopted one child.
Sometime inMortimer F. Cordero, Vice-President of Pamana Marketing Corporation Pamanaventured into the business of marketing inter-island passenger vessels.
Between June and AugustRobinson signed documents appointing Cordero as the exclusive distributor of AFFA catamaran and other fast ferry vessels in the Philippines.
Accordingly, the parties executed Shipbuilding Contract No. Cordero made two 2 trips to the AFFA Shipyard in Brisbane, Australia, and on one 1 occasion even accompanied Go and his family and Landicho, to monitor the progress of the building of the vessel.
He shouldered all the expenses for airfare, food, hotel accommodations, transportation and entertainment during these trips. He also spent for long distance telephone calls to communicate regularly with Robinson, Go, Tecson and Landicho.
However, Cordero later discovered that Go was dealing directly with Robinson when he was informed by Dennis Padua of Wartsila Philippines that Go was canvassing for a second catamaran engine from their company which provided the ship engine for the first SEACAT Padua told Cordero that Go instructed him to fax the requested quotation of the second engine to the Park Royal Hotel in Brisbane where Go was then staying.
Cordero tried to contact Go and Landicho to confirm the matter but they were nowhere to be found, while Robinson refused to answer his calls.
Robinson filed a motion to dismiss grounded on lack of jurisdiction over his person and failure to state a cause of action, asserting that there was no act committed in violation of the distributorship agreement. Said motion was denied by the trial court on December 20, Robinson was likewise declared in default for failure to file his answer within the period granted by the trial court.
As for Go and Tecson, their motion to dismiss based on failure to state a cause of action was likewise denied by the trial court on February 26, Moreover, Landicho and Tecson had no transaction whatsoever with Cordero who had no document to show any such shipbuilding contract.
On May 31,the trial court rendered its judgment in favor of Plaintiff and against defendants Allan C. The case before the Supreme Court is a consolidation of the petitions for review under Rule 45 separately filed by Go G. While it is true that a third person cannot possibly be sued for breach of contract because only parties can breach contractual provisions, a contracting party may sue a third person not for breach but for inducing another to commit such breach.
Article of the Civil Code provides: Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. The elements of tort interference are: The presence of the first and second elements is not disputed. In fact, evidence on record showed that respondents initially dealt with and recognized Cordero as such exclusive dealer of AFFA high-speed catamaran vessels in the Philippines.
In that capacity as exclusive distributor, petitioner Go entered into the Memorandum of Agreement and Shipbuilding Contract No.
The rule is that the defendant found guilty of interference with contractual relations cannot be held liable for more than the amount for which the party who was inducted to break the contract can be held liable.
Respondents having acted in bad faith, moral damages may be recovered under Article of the Civil Code. Posted by Little Miss Future Lawyer at 9:[RELATED to Article 4, Civil Code of the Philippines] Lichauco v.
No. L (44 PHIL ), December 4, Facts: Petitioner, a corporation duly organized under the Phil. laws, engaged for several years in the business of importing carabao and other draft animals, and was desirous of importing, from Pnom-Pehn, a shipment of .
Oct 12, · The legal family, having been deprived of the last chance to view the remains of Atty. Adriano, filed a suit against the common law wife. In their claim that the deceased did not wished to be buried in Manila Memorial Park.
Feb 06, · The OSG transferred the disbarment case to the IBP, the latter found respondent guilty of gross immoral conduct and violation of his oath as a lawyer, hence, was suspended from the practice of law for a period of three years.
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