WHEREFORE, the Court of Appeals Decision of April 18, 2008 is AFFIRMED with MODIFICATION. Food Fest is ORDERED to pay So liquidated damages in the amount equivalent to 25% of the total sum due and demandable. Further, So is ORDERED to pay attorney's fees in the amount equivalent to 25% of the total sum due and demandable. In all other respects, the decision is AFFIRMED.
SO ORDERED, (emphasis in the original; underscoring supplied)
This Court notes that the appellate court did not award liquidated damages in contravention of the contract. As for the appellate court's award of P20,000.00 as attorney's fees, the contractual stipulation should prevail, (underscoring supplied)
23.1. Should LESSOR[-So] be compelled to seek judicial relief against LESSEE the latter shall, in addition to any other claim for damages pay as liquidated damages to LESSOR[-So] an amount equivalent to twenty-five percent (25%) of the amount due, but in no case less than P500.00: and an attorney's fee in the amount equivalent to 25% of the amount claimed but in no case less than P3,000.00 as well as all expenses of litigation.1 (underscoring supplied)
WHEREFORE, the Court of Appeals Decision of April 18, 2008 is AFFIRMED with MODIFICATION.
Food Fest is ORDERED to pay So liquidated damages in the amount equivalent to 25% of the total sum due and demandable. Further, Food Fest is ORDERED to pay So attorney's fees in the amount equivalent to 25% of the total sum due and demandable. In all other respects, the decision is AFFIRMED.
SO ORDERED.
Endnotes:
*Per raffle dated June2, 2010.
1 CA rollo, p. 42
2 Asian Center for Career and Employment System and Services, Inc. v. NLRC, G.R. No. 131656, October 12, 1998, 297 SCRA 727.