GR 97339; (December, 1992) (Digest)
G.R. No. 97339 December 11, 1992
NOSTRAM LABORATORIES, INC., petitioner, vs. HON. COURT OF APPEALS and STAR PAPER CORPORATION, respondents.
FACTS
Petitioner Nostram Laboratories, Inc., through its president Angel Montenegro, Jr., ordered and purchased from respondent Star Paper Corporation P11,070.00 worth of Kodaline films, size 24″ x 30″. Montenegro personally picked up the order. Upon opening the box in his dark room, he discovered the films were size 20″ x 30″, not the size ordered. The next day, Montenegro phoned respondent’s saleslady, Natividad Barlin, who informed him size 24″ x 30″ was out of stock. She requested he accept the films and assured a refund of the price difference of P3,320.00. Montenegro rejected this and returned the films on October 25, 1985. According to Montenegro, upon receipt, Barlin opened the box to inspect the films, exposing them to light and damaging them, after which she refused any refund. Petitioner filed an action to recover the purchase price, unrealized profits, attorney’s fees, and costs. Respondent alleged it was petitioner who damaged the films by opening the inner plastic wrapper and that Montenegro failed to inspect the films before accepting them. The trial court ruled for petitioner. The Court of Appeals reversed, applying the presumption that evidence willfully suppressed would be adverse, as petitioner failed to present the damaged films in evidence. Petitioner contended the films’ production was unnecessary because respondent’s witness admitted delivering the wrong size.
ISSUE
Whether petitioner is entitled to recover from respondent, and if so, to what extent, considering the delivery of incorrect-sized films and the conflicting claims about their subsequent damage.
RULING
The petition is granted in part. The Supreme Court modified the decision of the Court of Appeals. The Court held that while petitioner failed to prove the films were damaged (as respondent’s witness only admitted delivering a shorter size, not damaging them, and petitioner did not present the films as evidence), petitioner is nevertheless entitled to recover the price difference. Respondent, through its witness Barlin, judicially admitted that it delivered size 20″ x 30″ films instead of the ordered size 24″ x 30″. Therefore, petitioner is entitled to recover the price difference of P3,320.00 between the ordered and delivered films, with legal interest from October 23, 1985, plus reasonable attorney’s fees of P3,000.00 and costs.