Professional Documents
Culture Documents
LIGA vs. ALLEGRO change his mind or disavow and go back upon his own acts, or
1) LIGA vs. ALLEGRO RESOURCES to proceed contrary thereto, to the prejudice of the other party.
575 SCRA 310 (Art. 1159) Likewise, it is settled that if the terms of the contract clearly
express the intention of the contracting parties, the literal
Facts: meaning of the stipulations would be controlling.
· Ortigas & Company, Limited Partnership entered into a lease 3. Law and jurisprudence support the award of attorney's fees
agreement with La Paz Investment & Realty Corporation and costs of suit in favor of Allegro. Attorney's fees and costs
wherein the former leased to the latter its parcel of land located of litigation are awarded in instances where "the defendant
in San Juan. La Paz constructed the Greenhills Shopping acted in gross and evident bad faith in refusing to satisfy the
Arcade and divided it into several stalls and subleased them to plaintiff's plainly valid, just and demandable claim." Having
other people. One of the sub-lessees was Edsel Liga (Liga), delivered possession over the leased property to Liga, Allegro
who obtained the leasehold right to Unit No. 26, Level A of the had already performed its obligation under the lease
GSA. agreement. Liga should have exercised fairness and good
judgment in dealing with Allegro by religiously paying the
· As the lease expired, the stallholders made several attempts agreed monthly rental of P40,000.00.
to have their leasehold rights extended.
Issues:
Held:
Issue:
WON the house and lot pertains to the second marriage? YES
Held:
The conditional sale agreement in said contract is, therefore,
also in the nature of a contract to sell, as contradistinguished
from a contract of sale. In a contract to sell or a conditional
sale, ownership is not transferred upon delivery of the property
but upon full payment of the purchase price. Generally,
ownership is transferred upon delivery, but even if delivered,
the ownership may still be with the seller until full payment of
the price is made, if there is stipulation to this effect. The
stipulation is usually known as a pactum reservati dominii, or
contractual reservation of title, and is common in sales on the
installment plan. Compliance with the stipulated payments is a
suspensive condition. The failure of which prevents the
obligation of the vendor to convey title from acquiring binding
force.
Issue:
WON Cortes delivered the TCTs and the original Deed to the
Corporation? NO.
WON there is delay in the performance of the parties’
obligation that would justify the rescission of the contract of
sale? THERE IS DELAY IN BOTH PARTIES (compensation
morae)
Held:
Cortes avers that he delivered the TCT’s through the broker’s
son. He further avers that the broker’s son delivered it to the
broker, who in turn delivered them to the Corporation.
Facts:
Issue:
WON there was delay on the part of petitioner Titan-Ikeda? NO
Held:
Mora or delay is the failure to perform the obligation in due
time because of dolo (malice) or culpa (negligence). A debtor
is deemed to have violated his obligation to the creditor from
the time the latter makes a demand. Once the creditor makes a
demand, the debtor incurs mora or delay.
Construction Contact:
If at any time during the effectivity of this contract,
[PETITIONER] shall incur unreasonable delay or slippages of
more (15%) of the scheduled work program, [RESPONDENT]
should notify in writing to accelerate the work and reduce, if not
erase, slippage. If after the lapse of sixty (60) days from receipt
of such notice, [PETITIONER] fails to rectify the delay or
slippage, [RESPONDENT] shall have the right to terminate this
contract except in cases where the same was caused by force
majeure.
FACTS:
Gueco spouses obtained a loan from ICB (now Union Bank) to
purchase a car. In consideration thereof, the debtors
executed PNs, and a chattel mortgage was made over the
car. As the usual story goes, the spouses defaulted in
payment of their obligations and despite the lowering of
the amount to be paid, they still failed to pay.
Thereafter, they tendered a manager’s check in favor of
the bank. Nonetheless, the car was still detained for the
spouses refused to sign the joint motion to dismiss. The bank
averred that the joint motion to dismiss is part of
standard office procedure to preclude the filing of other
claims. Because of this, the spouses filed an action for
damages against the bank. And by the time the case was
instituted, the check had become stale in the hands of the
bank.
HELD:
The main issue though unrelated to Negotiable Instruments
Law in this case was whether or not the signing of the joint
motion to dismiss a part of the compromise agreement
between the spouses and the bank. The answer is no, it is not
a part of the compromise agreement entered by the parties.
And thus, the signing is dispensible in releasing the car to the
spouses. And on the ancillary issue of the case, which is the
relevant issue for the subject, whether or not the spouses
should replace the check they paid to the bank after it
became stale, the answer is yes. It appeared that the
check has not been encashed. The delivery of the manager’s
check did not constitute payment. The original obligation to pay
still exists. Indeed, the circumstances that caused the non-
presentment of the check should be considered to
determine who should bear the loss. In this case, ICB held on
the check and refused to encash the same because of the
controversy surrounding the signing of the joint motion to
dismiss. There is no bad faith
or negligence on the part of ICB.