Professional Documents
Culture Documents
*
G.R. No. 171052. January 28, 2008.
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* THIRD DIVISION.
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his pay merely by bringing the buyer and the seller together, even if no
sale is eventually made.
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NACHURA, J.:
1
This petition for review on certiorari assails the Decision dated
June 16, 2005 of the Court of Appeals (CA) in 2
CA-G.R. CV
No. 66040 which affirmed in toto the Decision dated October
8, 1999 of the Regional Trial Court (RTC), Branch 135, of
Makati City in an action for breach of contract and dam-
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Commission
In consideration of the performance of your functions and duties as
specified in this letter-agreement, [Maxicare] shall pay you a commission
equivalent to 15 to 18% from individual, family, group accounts; 2.5 to 10%
on tailored fit plans; and 10% on standard plans of commissionable amount on
corporate accounts from all membership dues collected and remitted by you to
[Maxicare].
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5 The renewed service agreement was for a period of three (3) years and
expired on November 30, 1995.
6 A subsequent renewal of the service agreement which commenced on
December 1, 1995, was likewise for a period of three (3) years.
7 Titan Construction Corporation v. Uni-Field Enterprises, Inc., G.R. No.
153874, March 1, 2007, 517 SCRA 180, 186, Sigaya v. Mayuga, G.R. No.
143254, August 18, 2005, 467 SCRA 341, 353.
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8 Ilao-Quianay v. Mapile, G.R. No. 154087, October 25, 2005, 474 SCRA
246, 253; see Child Learning Center, Inc. v. Tagorio, G.R. No. 150920,
November 25, 2005, 476 SCRA 236, 241-242.
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“This is to certify that Ms. Carmela Estrada has initiated talks with us since
November 1990 with regards (sic) to the
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9 Supra note 4.
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HMO requirements of both our rank and file employees, managers and
executives, and that it was favorably recommended and the same be approved
by the Meralco Management Committee.”
xxxx
This Court finds that plaintiff-appellee [Estrada’s] efforts were
instrumental in introducing the Meralco account to [Maxicare] in
regard to the latter’s Maxicare health insurance plans. Plaintiffappellee
[Estrada] was the efficient “intervening cause” in bringing about the
service agreement with Meralco. As pointed out by the trial court in its
October 8, 1999 Decision, to wit:
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12 Rollo, p. 10.
13 Id., at p. 83.
14 441 Phil. 622; 393 SCRA 334 (2002).
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own name but in the name of those who employed him. [A] broker is
one whose occupation is to bring the parties together, in matter of
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trade, commerce or navigation.
An agent receives a commission upon the successful conclusion of
a sale. On the other hand, a broker earns his pay merely by bringing the
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buyer and the seller together, even if no sale is eventually made.”
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15 Tan v. Gullas, 441 Phil. 622, 631; 393 SCRA 334, 339 (2002), citing
Schmid and Oberly v. RJL Martinez Fishing Corporation, 166 SCRA 493
(1988).
16 Id., at p. 633, citing Alfred Hahn v. Court of Appeals, 266 SCRA 537
(1997).
17 Medrano v. Court of Appeals, G.R. No. 150678, February 18, 2005, 452
SCRA 77, 88, citing Clark v. Ellsworth, 66 Ariz. 119, 184 P. 2d 821 (1947).
18 Id.
626
“As provided for in Section 4 of Rule 129 of the Rules of Court, the
general rule that a judicial admission is conclusive upon the party
making it and does not require proof admits of two exceptions: 1)
when it is shown that the admission was made through palpable
mistake, and 2) when it is shown that no such admission was in fact
made. The latter exception allows one to contradict an admission by
denying that he made such an admission.
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Petition denied.
——o0o——
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25 P20,169,335.00.
** In lieu of Associate Justice Minita V. Chico-Nazario per Special Order
No. 484 dated January 11, 2008.
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