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PUNO, J.,
Chairman,
- versus - AUSTRIA-MARTINEZ,
CALLEJO, SR.,
TINGA, and
CHICO-NAZARIO, JJ.
SAN FRANCISCO DEL
MONTE, INC.,
Respondent. Promulgated:
x ---------------------------------------------------------------------x
DECISION
TINGA, J.:
In the light of the foregoing, the Court is convinced that plaintiff has
proven by preponderance of evidence, the allegation appearing in its
complaint and is therefore, entitled to the reliefs prayed for.
Considering, however, that defendants had already paid P78,152.00, the
Court exercising its discretion, hereby renders judgment as follows:
1.
2.
3.
4.
SO ORDERED.[1]
The Court of Appeals erred in ruling that Del Monte was well
within its right to cancel the contract by express grant of paragraph
To dispel the novation of Contract to Sell No. 2482V by Contract to Sell No. 2491-V, petitioners contend that the
subsequent contract is void for two reasons: first, petitioner Isaias
Fabrigas did not give his consent thereto, and second, the
subsequent contract is a contract of adhesion.