This case has been cited 3 times or more.
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2009-07-27 |
CARPIO, J. |
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| Under the first paragraph of Article 1606, Alciso had four years from 14 August 1981 to repurchase the property since there was no express agreement as to the period when the right can be exercised. Tender of payment of the repurchase price is necessary in the exercise of the right of redemption. Tender of payment is the seller's manifestation of his or her desire to repurchase the property with the offer of immediate performance.[29] | |||||
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2006-09-27 |
CARPIO MORALES, J. |
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| Since, contrary to petitioners' claim, respondents did not willfully, maliciously, and persistently renege on their obligation to deliver the vehicle, the Court of Appeals did not err in holding that these were no sufficient evidence of bad faith. The appellate court's deletion of the award of moral and exemplary damages, attorney's fees and litigation expenses was thus in order.[15] And so was its reduction of the interest rate from 12% to 6%, it being in accordance with the guideline laid down in Eastern Shipping Lines, Inc. v. Court of Appeals[16] on the imposition of interest on actual or compensatory damages arising from a breach of an obligation, not constituting a loan or forebearance of money, to wit:x x x x | |||||
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2004-02-23 |
YNARES-SANTIAGO, J. |
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| Consignation is the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment.[22] In order that consignation may be effective, the debtor must show that: (1) there was a debt due; (2) the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due or because the title to the obligation has been lost; (3) previous notice of the consignation had been given to the person interested in the performance of the obligation; (4) the amount due was placed at the disposal of the court; and (5) after the consignation had been made the person interested was notified thereof. Failure in any of these requirements is enough ground to render a consignation ineffective.[23] | |||||