INDEPENDENT CIVIL ACTION
50. Lim vs. Kou Co Ping, GR No. 175256, August 23, 2012
Facts:
FR Cement Corporation (FRCC) issued several withdrawal authorities
1
for the
account of cement dealers and traders, Fil-Cement and Tigerbilt (FCCT). FCCT
then sold the withdrawal authorities covering 50,000 bags of cement to
respondent Co for the amount of P3.15 million or P63.00 per bag. Co then sold the
same withdrawal authorities to petitioner Lily Lim for the alleged amount of P3.2
million or P64.00 per bag. Lim, using the withdrawal authorities, withdrew 2,800
bags of cement from FRCC. He then sold some of the withdrawal authorities
covering 10,000 bags back to respondent Co. Sometime within the same year,
FRCC no longer allowed Lim to withdraw the remaining 37,200 bags covered by
the withdrawal authorities. According to Co and the manager of FCCT, the plant
implemented a price increase and would only release the goods once Lim paid for
the price difference or agreed to receive a lesser quantity of cement. Lim
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