SECOND DIVISION
[G.R. No. 242194. December 5, 2018.]
IHI TURBO INTERNATIONAL TRADE, INC., 1petitioner,vs. DONGJIN MARINE SERVICE, CO., LTD., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 December 2018 which reads as follows:
"G.R. No. 242194 (IHI Turbo International Trade, Inc. v. Dongjin Marine Service, Co., Ltd.)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the January 18, 2018 Decision 3 and the September 10, 2018 Resolution 4 of the Court of Appeals (CA) in CA-G.R. CV No. 107395 for failure of petitioner IHI Turbo International Trade, Inc. (petitioner) to sufficiently show that the CA committed any reversible error in upholding the findings of the Regional Trial Court (RTC) which found petitioner to have failed to prove the existence of a valid contract with respondent Dongjin Marine Service, Co., Ltd. (respondent).
As correctly ruled by the CA, petitioner failed to prove that it had a perfected contract of sale with respondent because the Letters of Authority 5 do not evince the parties' meeting of minds regarding the price or consideration. 6 In fact, the Letters of Authority expressly indicated that they were only meant to comply with the bidding requirements of the National Power Corporation. 7 Considering that no sale contract existed between the two parties prior to the awarding of the bid to petitioner, the CA correctly found that respondent was within its right to enter into an exclusive distributorship agreement with another company, 8 thus preventing it from supplying the requested parts. As such, there could be no breach to speak of which would entitle petitioner to any claim for damages.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. "I.H.I. Turbo International Trade, Inc." in some parts of the rollo.
2.Rollo, pp. 10-37.
3.Id. at 356-368. Penned by Associate Justice Socorro B. Inting with Associate Justices Apolinario D. Bruselas, Jr. and Rafael Antonio M. Santos, concurring.
4.Id. at 378-380. Penned by Associate Justice Apolinario D. Bruselas, Jr. with Associate Justices Maria Filomena D. Singh and Rafael Antonio M. Santos, concurring.
5.Id. at 56-57.
6. See id. at 365.
7. See id. at 366-367.
8. See id. at 367.