FIRST DIVISION
[G.R. No. 242249. February 11, 2019.]
SUPER 8 CONCRETE, INC., petitioner,vs. ARSENIO N. CHUA, DOING BUSINESS AS ACADIA CONSTRUCTION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedFebruary 11, 2019which reads as follows:
"G.R. No. 242249 — (Super 8 Concrete, Inc. v. Arsenio N. Chua, doing business as Acadia Construction)
After a review of the records, the Court resolves to DENY the petition for: (i) failure to comply with Bar Matter No. 287 requiring all lawyers to indicate in all their pleadings, motions and papers signed and filed by them in any court in the Philippines, the number and date of their current Professional Tax Receipt and IBP Official Receipt or Life Membership Number; (ii) failure to comply with A.M. No. 07-6-5-SC requiring parties or their counsels to indicate in all their pleadings filed before the Supreme Court their contact details, pursuant to Section 5 (e) of Rule 56 of the Rules of Court; and (iii) failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision 1 dated September 21, 2018, as to warrant the exercise of the Court's appellate jurisdiction.
The petition also raises a factual issue which is not proper in petitions for review on certiorari under Rule 45 of the Rules of Court. It is settled that only errors of the law, not of fact, are reviewable by the Court under Rule 45 of the Rules of Court.
As correctly ruled by the CA, Super 8 Concrete, Inc. (petitioner) committed a breach of warranty when it delivered ready-mix concrete without the contractually stipulated pounds per square inch compression strength. The contract is the law between the parties and should include all the things they agreed to. Since petitioner failed to deliver the stipulated concrete mix in accordance with its representation and warranty, the CA properly held that petitioner is liable for damages.
WHEREFORE, the petition is DENIED. The Decision dated September 21, 2018 of the Court of Appeals in CA-G.R. CV No. 110195 is AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 35-52; penned by Associate Justice Manuel M. Barrios, with Associate Justice Pedro B. Corales, and Associate Justice Henri Jean Paul B. Inting, concurring.