This case has been cited 1 times or more.
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2015-12-09 |
PERLAS-BERNABE, J. |
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| In the instant case, both the RTC and the CA found that petitioner had issued to respondent a Certificate of Completion and Acceptance[25] signifying that it had already accepted respondent's work as up to par. As correctly pointed out by the RTC and the CA, this factual finding already estops petitioner from withholding the amounts due to respondent's purported substandard workmanship. It is settled that "[w]henever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it,"[26] as in this case. Therefore, it is but proper that petitioner remit to respondent the amounts of P40,880.00 and P227,500.00 it withheld from the latter. | |||||