TANGUILING v. CA

 

TANGUILING v. CA

G.R. 117190 

FACTS: 

Respondent contracted petitioner to construct a windmill system for consideration of P60,000 with a one-year guaranty. Pursuant to the agreement, respondent paid the downpayment of P30,000 and installment of P15,0000 leaving a P15,000 balance. 

Respondent refused to pay the balance because he had already paid this amount to San Pedro General Merchandising Inc. (SPGMI) which constructed a deep well to which the windmill system was to be connected.  

According to respondent, since the deep well-formed part of the system the payment he tendered to SPGMI should be credited to his account by petitioner. Moreover, assuming that he owed petitioner a balance of P15,000.00, this should be offset by the defects in the windmill system which caused the structure to collapse after a strong wind hit their place. 

However, the trial court found out that the P60,000 was only for the construction of the windmill and the construction of the deep well was not part of it. 

ISSUE: 

Whether or not petitioner is under obligation to reconstruct the windmill after it collapsed. 

 

 

RULING: 

Yes. The Supreme Court held that Petitioner failed to show that the collapse of the windmill was due solely to a fortuitous event. Interestingly, the evidence does not disclose that there was actually a typhoon on the day the windmill collapsed. Petitioner merely stated that there was a "strong wind." But a strong wind in this case cannot be fortuitous — unforeseeable nor unavoidable. On the contrary, a strong wind should be present in places where windmills are constructed, otherwise the windmills will not turn

When the windmill failed to function properly it became incumbent upon petitioner to institute the proper repairs in accordance with the guaranty stated in the contract.  

Thus, respondent cannot be said to have incurred in delay; instead, it is petitioner who should bear the expenses for the reconstruction of the windmill. Article 1167 of the Civil Code is explicit on this point that if a person obliged to do something fails to do it, the same shall be executed at his cost. 

Respondent is ordered to pay petitioner the balance of P15,000 with interest at the legal rate from the date of the filing of the complaint. In return, petitioner is ordered to "reconstruct subject defective windmill system, in accordance with the one-year guaranty" and to complete the same within three (3) months from the finality of this decision.

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