This case has been cited 1 times or more.
|
2015-06-15 |
BRION, J. |
||||
| In these lights, the Court holds that the joint venture agreement between Fong and Dueñas is deemed extinguished through rescission under Article 1192 in relation with Article 1191 of the Civil Code. Dueñas must therefore return the P5 Million that Fong initially contributed since rescission requires mutual restitution.[44] After rescission, the parties must go back to their original status before they entered into the agreement. Dueñas cannot keep Fong’s contribution as this would constitute unjust enrichment. | |||||