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Showing posts from May, 2010

persons and family relations

Abalos vs. Macatangay, G.R. No. 155043, September 30, 2004

---- Article 69 regarding ownership, administration, enjoyment and disposition of the community properties

FACTS: Spouses Arturo and Esther Abalos are the registered owners of a parcel of land with improvements located at Azucena St., Makati City, covered by Transfer Certificate of Title (TCT) No. 145316 of the Registry of Deeds of Makati. Arturo executed a Receipt and Memorandum of Agreement (RMOA), in favor for the respondent, binding himself to sell to respondent the subject property and not to offer the same to any other party within 30 days from date.
Respondent sent a letter to Arturo and Esther informing them of his readiness and willingness to pay the full amount of the purchase price and demanded upon the spouses to comply with their obligation to turn over possession of the property to him. Esther agreed to surrender possession of the property to respondent within 20 days, while the latter promised to pay the balance o…

oblicon finals

NPC vs. Dayrit (novation)

Held: It is elementary that novation is never presumed; it must be explicitly stated or there must be manifest incompatibility between the old and the new obligations in every aspect. Thus the Civil Code provides:
Art. 1292. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other.

In the case at bar there is nothing in the May 14, 1982, agreement which supports the petitioner's contention. There is neither explicit novation nor incompatibility on every point between the "old" and the "new" agreements.

Facts: Daniel Roxas sued NPC to compel the NPC to restore the contract of Roxas for security services which the former had terminated. However, they reached a compromise agreement, and the court approved it. One of the stipulations of the agreement was that the pa…

oblicon digests

MAGDALENA ESTATE VS. MYRICK
71 PHIL. 346

FACTS:
Magdalena Estate, Inc. sold to Louis Myrick lots
No. 28 and 29 of Block 1, Parcel 9 of the San Juan
Subdivision, San Juan, Rizal. Their contract of sale
provides that the Price of P7,953 shall be payable in 120
equal monthly installments of P96.39 each on the second
day of every month beginning the date of execution of the
agreement.

In pursuance of said agreement, the vendee made
several payments amounting to P2,596.08, the last being
due and unpaid was that of May 2, 1930. By reason of this,
the vendor, through its president, notified the vendee that,
in view of his inability to comply with the terms of their
contract, said agreement had been cancelled, relieving him
of any further obligation thereunder, and that all amounts
paid by him had been forfeited in favor of the vendor. To
this communication, the vendee did not reply, and it
appears likewise that the vendor thereafter did not require
him to make any further disbursements on account of the
purchase…