CASE DIGEST: Ledesco Dev't. vs. Worldwide Standard
G.R. No. 173815: November 24, 2010
LEDESCO DEVELOPMENT CORPORATION, Petitioner, v. WORLDWIDE STANDARD REALTY, INC., Respondent.
Mendoza, J.:
FACTS:
Worldwide Standard International Realty, Inc.(WSIRI)filed a collection suit against petitioner Ledesco Development Corporation(Ledesco) in the said case, WSIRI sought to recover from Ledesco sums representing commissions on sales and interest thereon plus damages. Ledesco appointed WSIRI as its marketing manager for the Makiling Heights Resort Subdivision project to generate sales to the general public. The Agreement provides that Ledesco shall pay WSIRI a sales commission of ten percent(10%) based on the contract value of the sales and an additional two percent (2%) incentive if WSIRI meets the agreed quota ofP30,000,000.00 within six (6) months from the signing thereof.
Ledesco listed ten (10) transactions which allegedly failed to materialize and on which no commission was due. Nonetheless, commissions were inadvertently paid to WSIRI. The RTC favoured WSIRI, but reversed it upon Motion for Reconsideration. The CA upheld the first decision of the RTC, on appeal. It held that the sales to the 10 parties should be part of the commission paid to WSIRI.
ISSUES:
A. Whether or not the 10 parties should be included in the computation.
HELD: The petition lacks merit.
CIVIL LAW: Contracts
After going over the records, the Court finds no cogent reason to disturb the findings of the CA on the matter of WSIRIs claim for commissions. As this Court has ruled in a long line of cases, the Supreme Court is not a trier of facts.Its jurisdiction is limited to reviewing and revising errors of law imputed to the lower court, the latters findings of fact being conclusive and not reviewable by this Court. Without satisfactory proof that the buyers withdrew or cancelled their purchases, the said sales are deemed current, binding and consummated. Therefore, WSIRI is entitled to recover from Ledesco the corresponding ten percent (10%) commission on these sales.
Petition is DISMISSED.
LEDESCO DEVELOPMENT CORPORATION, Petitioner, v. WORLDWIDE STANDARD REALTY, INC., Respondent.
Mendoza, J.:
FACTS:
Worldwide Standard International Realty, Inc.(WSIRI)filed a collection suit against petitioner Ledesco Development Corporation(Ledesco) in the said case, WSIRI sought to recover from Ledesco sums representing commissions on sales and interest thereon plus damages. Ledesco appointed WSIRI as its marketing manager for the Makiling Heights Resort Subdivision project to generate sales to the general public. The Agreement provides that Ledesco shall pay WSIRI a sales commission of ten percent(10%) based on the contract value of the sales and an additional two percent (2%) incentive if WSIRI meets the agreed quota ofP30,000,000.00 within six (6) months from the signing thereof.
Ledesco listed ten (10) transactions which allegedly failed to materialize and on which no commission was due. Nonetheless, commissions were inadvertently paid to WSIRI. The RTC favoured WSIRI, but reversed it upon Motion for Reconsideration. The CA upheld the first decision of the RTC, on appeal. It held that the sales to the 10 parties should be part of the commission paid to WSIRI.
ISSUES:
A. Whether or not the 10 parties should be included in the computation.
HELD: The petition lacks merit.
CIVIL LAW: Contracts
After going over the records, the Court finds no cogent reason to disturb the findings of the CA on the matter of WSIRIs claim for commissions. As this Court has ruled in a long line of cases, the Supreme Court is not a trier of facts.Its jurisdiction is limited to reviewing and revising errors of law imputed to the lower court, the latters findings of fact being conclusive and not reviewable by this Court. Without satisfactory proof that the buyers withdrew or cancelled their purchases, the said sales are deemed current, binding and consummated. Therefore, WSIRI is entitled to recover from Ledesco the corresponding ten percent (10%) commission on these sales.
Petition is DISMISSED.
