CASE 2014-0014: THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Petitioner, - versus – BTL CONSTRUCTION CORPORATION, Respondent (G.R. NO. 176439); BTL CONSTRUCTION CORPORATION, Petitioner, – versus -THE PRESIDENT OF THE MANILA MISSION OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS and BPI-MS INSURANCE CORPORATION, Respondents. (G.R. NO. 176718) (15 JANUARY 2014, PERLAS-BERNABE, J.) (BRIEF TITLE: CHURCH OF JCOLDS VS. BTL CONSTRUCTION)
WHEREFORE, the petition in G.R. No. 176439 is PARTLY GRANTED, while the petition in G.R. No. 176718 is DENIED. The Decision dated August 15, 2006 and Resolution dated January 26, 2007 of the Court of Appeals (CA) m CA-G.R. SP No. 84068 are hereby MODIFIED as follows:
(a) COJCOLDS is ORDERED to pay BTL the amount of Pl,612,017.74 representing the unpaid balance of 98% of the contract price, inclusive of the 10% retention money;
(b) BTL is ORDERED to pay COJCOLDS the amounts of Pl,851,280.00 as liquidated damages,
(c) P526,400.00 as cost overrun, and P300,533.49 as reimbursement for the overpayment in the works taken under Change Order Nos. 1 to 12.
(d)Each party shall bear its own costs.
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