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Hutama-RSEA/Supermax Phils., J.V. Vs. KCD Builders Corporation, represented by its President Celso C. Diokno

HUTAMA-RSEA/SUPERMAX PHILS., J.V., Petitioner, versus KCD BUILDERS CORPORATION, represented by its President CELSO C. DIOKNO, Respondent.

G.R. No. 173181 | 2010-03-03

DECISION


NACHURA, J.:

Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Decision[1] dated October 14, 2005 and the Resolution[2] dated June 19, 2006 of the Court of Appeals (CA) in CA-G.R. CV No. 78262.

The Facts

The facts of the case, as summarized by the CA, are as follows:

On 10 December 2001, appellee KCD Builders Corporation filed a complaint for sum of money against appellants [Hutama-RSEA/Super Max, Philippines and/or Charles H.C. Yang] before the Regional Trial Court of Makati. Its cause of action arose from a written contract which was the Notice to Proceed dated 10...