5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly 415 Phil. 29 FIRST DIVISION [ G.R. No. 130998, August 10, 2001 ] MARUBENI CORPORATION, RYOICHI TANAKA, RYOHEI KIMURA AND SHOICHI ONE, PETITIONERS, VS. FELIX LIRAG, RESPONDENT. DECISION PARDO, J.: The case is an appeal via certiorari to annul and set aside the decision[1] of the Court of Appeals finding petitioners Ryoichi Tanaka, Ryohei Kimura and Shoichi One, as officers of petitioner Marubeni Corporation, jointly and severally liable with the corporation for the commission claimed by respondent Felix Lirag in the amount of six million (P6,000,000.00) pesos arising from an oral consultancy agreement. Petitioner Marubeni Corporation (hereafter, Marubeni) is a foreign corporation organized and existing under the laws of Japan. It was doing business in the Philippines through its duly licensed, wholly owned subsidiary, Marubeni Philippines Corporation. Petitioners Ryoichi Tanaka, Ryohei Kimura and Shoichi One were officers of Marubeni assigned to its Philippine branch.[2] On January 27, 1989, respondent Felix Lirag filed with the Regional Trial Court, Makati a complaint[3] for specific performance and damages claiming that petitioners owed him the sum of P6,000,000.00 representing commission pursuant to an oral consultancy agreement with Marubeni. Lirag claimed that on February 2, 1987, petitioner Ryohei Kimura hired his consultancy group for the purpose of obtaining government contracts of various projects. Petitioner Kimura authorized him to work on the following projects: (1) National Telephone Project, (2) Regional Telecommunications Project; (3) Cargo Handling Equipment; (4) Maritime Communications; (5) Philippine National Railways Depot; and (6) Bureau of Posts (Phase II).[4] Petitioners promised to pay him six percent (6%) consultancy fee based on the total costs of the projects obtained. The consultancy agreement was not reduced into writing because of the mutual trust between Marubeni and the Lirag family.[5] Their close business and personal relationship dates back to 1960, when respondent’s family was engaged in the textile fabric manufacturing business, in which Marubeni supplied the needed machinery, equipment, spare parts and raw materials.[6] In compliance with the agreement, respondent Lirag made representations with various government officials, arranged for meetings and conferences, relayed pertinent information as well as submitted feasibility studies and project proposals, including https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52501 1/10

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