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FRUCTUOSO R. CAPCO v. MANUEL R. MACASAET

This case has been cited 1 times or more.

2007-01-25
CHICO-NAZARIO, J.
We agree with petitioner that the instant case involves a question of law. At the heart of this controversy before us is the issue of whether or not the "accommodations" claimed by PNCC may be properly deducted from the contract price stipulated under the Subcontract Agreement as modified by the Contract Amendment. The resolution of said issue, thus, entails an interpretation of the provisions of both agreements executed by both parties. And as correctly pointed out by petitioner, where an interpretation of the true agreement between the parties is involved in the appeal, the appeal is in effect an inquiry of the "law" between the parties and their successors in interest, its interpretation necessarily involves a question of law, properly raised in the certiorari proceedings.[6]