Agency; Plea for exemption from liability for damages It turned out prior to the sale in the spouses'

n the spouses' favor, said lots were

sold to Dr. Francisco Maningo.
Quimbo spouses instituted suit for damages against petitioner
OSMEA VS. CA
company and the Siguenzas. The court held the petitioner and
Siguenzas jointly and severally liable to Quimbo spouses.
BERT OSMEA & ASSOCIATES, petitioners,
vs. Petitioner contends that they cannot be held liable as they are
THE COURT OF APPEALS and SPOUSES PEDRO QUIMBO and merely agents of Siguenza.
LEONADIZA QUIMBO, respondents.

G.R. No. L-56545

January 28, 1983 ISSUE/s of the CASE
Ponente: MELENCIO-HERRERA, J.:
Whether Petitioner is an agent or co-seller.

NATURE OF CASE
ACTION OF THE COURT
Petition for Review on certiorari is the Decision of respondent Court
of Appeals.
RTC in favor of Plaintiff and against the defendants ordering the
latter: To pay, jointly and severally xxx.
FACTS
CA Affirmed.
Petitioner Company and Siguenza executed a "Contract of Sale"
SC: - Modified.
over parcels of land was executed in favor of the Quimbo
spouses.
Helena proposed to exchange another lot with the same area for
the lots purchased by the spouses to which the latter hesitating
agreed. Until 1973, however, no title could be given the Quimbo
spouses.
COURT RATIONALE ON THE ABOVE CASE

Petitioner is described in the contract of sale as a seller.

Plea for exemption from liability for damages for allegedly being
a mere agent, untenable, as contract of sale described the party
not as agent but as seller.
Petitioners plea for exception from liability for damages on the
ground that it was a mere agent of the Siguenzas is untenable.
The contract of sale describes petitioner as seller together with
the Siguenzas. In fact, petitioner was the lone signatory for the
sellers in said contract.

SUPREME COURT RULING

ACCORDINGLY, the judgment appealed from is hereby modified

in that petitioner is hereby ordered to pay private respondents the
following sums: P3,040.00 with interest at the legal rate from March
25, 1974 until fully paid; P10,000.00 as moral damages; P5,000.00
as exemplary damages; and P5,000.00 as attorney's fees. Costs
against petitioner company.