5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly anchor his claim for a six percent (6%) consultancy fee on a project that was not awarded to petitioners. WHEREFORE, the petition is GRANTED. The decision of the Court of Appeals[42] is hereby SET ASIDE. Civil Case No. 89-3037 filed before the Regional Trial Court, Branch 143, Makati City is hereby DISMISSED. No costs. SO ORDERED. Davide, Jr., C.J., (Chairman), Puno, Kapunan, and Ynares-Santiago, JJ., concur. [1] In CA-G.R. CV No. 45873, promulgated on October 9, 1997, Verzola, J., ponente, Ibay-Somera and Demetria, JJ., concurring.; Rollo, pp. 30-39. [2] Now closed. [3] Docketed as Civil Case No. 89-3037; Petition for Review, Annex “D”, Rollo, pp. 46- 51. [4] Complaint, Regional Trial Court Records, pp. 1-6, at p. 2. [5] TSN, May 21, 1990, p. 38. [6] Ibid., pp. 24-29. [7] The additional projects were as follows: (A) JICA PROJECTS - (1) Soil Research Laboratory; (2) Learning Resource Center; (3) Provincial Hospitals; and (4) Hydrographic & Oceangraphic Slip; (B) OECF PROJECTS - (1) Metro Manila Pumping Station/ Flood Control; and (2) Metro Manila Traffic.; Complaint, Regional Trial Court Records, at p. 3; Rollo, p. 48. [8] TSN, May 21, 1990, p. 42. [9] Rollo, p. 118. [10] Rollo, p. 119. [11] Court of Appeals Decision, Rollo, pp. 34-35. [12] Rule 130, Section 23. Admission by silence.- Any act or declaration made in the presence and within the observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, may be https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52501 8/10