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Tulabut
April 26, 2005 | Callejo Sr., J. | Petitionfor Certiorari | Burden of Proof and presumptions
FACTS:
January 1998, pet. Asian Construction and Devt Corp
(ACDC) was awarded the PH Centennial Exposition (Theme
Park Project) at Clark, Pampanga. They contracted services of
Tulabut (N.T. Tulabut Construction Supply) to supply labor,
materials, tools, equipment, and supervision for other
necessary works for construction of two cafeterias, a snack
stand and a take-out stand in the Food Plaza. ACDC obliged to
pay 3.4M through progress billing. They had a 3.2k balance.
Talabut was again contracted for two additional cafeterias, net
cost of 400k. He was tendered a check for partial payment.
However, it was dishonored for insufficiency of funds.
Talabut completed the project, total amount due was
P486,409.45 but he was not paid despite written demand for
payment. So he filed a complaint for collection against
petitioner.