Reynaldo Labayen and Teodoro Labayen are the owners of Dos
Hermanos, a hacienda in Talisay, Negros Occidental. They entered into a contract with Talisay-Silay Milling Company Incorporated, also called the Central, for the milling of sugar canes from their hacienda.
Stipulated in the contract is the construction of a railroad with three
and a half meters right of way and maintenance of such railroad by the central. However, the central was only able to construct a railroad reaching hacienda Esmeralda No. 2, four kilometers away from hacienda Dos Hermanos. For a railroad to extend to hacienda Dos Hermanos, the construction would require a gradual elevation of 4.84% to 7%, would necessitate 26 curves and would cost Php80,000.00. A civil engineer testifying in behalf of the defendants allege that to construct such would be possible but it would be very dangerous. This led to an action for damages in the amount of Php 28,620.00 by the petitioners for the alleged breach of contract to grind sugar canes at the Court of First Instance of Negros Occidental. The court ruled against the petitioners and on the cross-complaint of the defendants, condemned the petitioners to pay the sum of Php 12, 114.00.
Hence, this petition.
ISSUE
Whether or not the action for damages should prosper.
HELD
No. If the obligor voluntarily prevented the fulfillment of the
condition of the obligation, such condition shall be deemed fulfilled (article 1186 of the New Civil Code). The path of the railroad has to pass through the haciendas of Esteban de la Rama. Since he would not grant permission to use his land, therefore preventing the compliance of the obligation to grind, the action cannot prosper. Labayen vs Talisay-Silay Milling Co. Inc. G.R. No. L-29298 聽(1928)
March 15, 2016
Ponente: Justice Malcom
FACTS
Reynaldo Labayen and Teodoro Labayen are the owners of Dos
Hermanos, a hacienda in Talisay, Negros Occidental. They entered into a contract with Talisay-Silay Milling Company Incorporated, also called the Central, for the milling of sugar canes from their hacienda.
Stipulated in the contract is the construction of a railroad with three
and a half meters right of way and maintenance of such railroad by the central. However, the central was only able to construct a railroad reaching hacienda Esmeralda No. 2, four kilometers away from hacienda Dos Hermanos. For a railroad to extend to hacienda Dos Hermanos, the construction would require a gradual elevation of 4.84% to 7%, would necessitate 26 curves and would cost Php80,000.00. A civil engineer testifying in behalf of the defendants allege that to construct such would be possible but it would be very dangerous. This led to an action for damages in the amount of Php 28,620.00 by the petitioners for the alleged breach of contract to grind sugar canes at the Court of First Instance of Negros Occidental. The court ruled against the petitioners and on the cross-complaint of the defendants, condemned the petitioners to pay the sum of Php 12, 114.00.
Hence, this petition.
ISSUE
Whether or not the action for damages should prosper.
HELD
No. If the obligor voluntarily prevented the fulfillment of the
condition of the obligation, such condition shall be deemed fulfilled (article 1186 of the New Civil Code). The path of the railroad has to pass through the haciendas of Esteban de la Rama. Since he would not grant permission to use his land, therefore preventing the compliance of the obligation to grind, the action cannot prosper.
Attract Women - Inside Her (Mind) - Secrets of The Female Psyche To Attract Women, Keep Them Seduced, and Bulletproof Your Relationship (Dating Advice For Men To Attract Women)
Moral Turpitude: Misleading the Court - California Compendium on Professional Responsibility State Bar Association -Moral Turpitude Defined and Applied - California Attorney Misconduct Legal Reference - Business & Professions Code § 6106 Commission of Any Act Involving Moral Turpitude, Dishonesty or Corruption - California Supreme Court Justice Leondra R. Kruger, Justice Mariano-Florentino Cuellar, Justice Goodwin H. Liu, Justice Carol A. Corrigan, Justice Ming W. Chin, Justice Kathryn M. Werdegar, Justice Tani G. Cantil-Sakauye California Business and Professions Code § 6100 Supreme Court Summary Disbarment
California Judicial Branch News Service - Investigative Reporting Source Material & Story Ideas
Summary of The Subtle Art of Not Giving A F*ck: A Counterintuitive Approach to Living a Good Life by Mark Manson: Key Takeaways, Summary & Analysis Included
ChatGPT Side Hustles 2024 - Unlock the Digital Goldmine and Get AI Working for You Fast with More Than 85 Side Hustle Ideas to Boost Passive Income, Create New Cash Flow, and Get Ahead of the Curve