You're currently signed in as:
User

ANICETO G. SALUDO v. CA

This case has been cited 4 times or more.

2014-11-26
SERENO, C.J.
Thus, in Saludo v. Court of Appeals,[34] nominal damages were granted because while petitioner suffered no substantial injury, his right to be treated with due courtesy was violated by the respondent, Transworld Airlines, Inc. Nominal damages were likewise awarded in Northwestern Airlines v. Cuenca,[35] Francisco v. Ferrer,[36] and Areola v. Court of Appeals,[37] where a right was violated, but produced no injury or loss to the aggrieved party.
2006-01-31
CARPIO MORALES, J.
A contract of adhesion is defined as one in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but which the latter cannot modify. One party prepares the stipulation in the contract, while the other party merely affixes his signature or his "adhesion" thereto, giving no room for negotiation and depriving the latter of the opportunity to bargain on equal footing.[38] (Emphasis and underscoring supplied) While a contract of adhesion is not necessarily void and unenforceable, since it is construed strictly against the party who drafted it or gave rise to any ambiguity therein, it is stricken down as void and unenforceable or subversive of public policy when the weaker party is imposed upon in dealing with the dominant bargaining party and is reduced to the alternative of taking it or leaving it, completely deprived of the opportunity to bargain on equal footing.[39]
2006-01-31
CHICO-NAZARIO, J.
The test of whether a question is one of law or of fact is not the appellation given to such question by the party raising the same; rather, it is whether the appellate court can determine the issue raised without reviewing or evaluating the evidence, in which case, it is a question of law; otherwise it is a question of fact. [26]
2003-09-30
SANDOVAL-GUTIERREZ, J.
A contract of adhesion is one in which one of the parties imposes a ready-made form of contract, which the other party may accept or reject, but which the latter cannot modify.  In other words, in such contract, the terms therein are fixed by one party, and the other party has merely "to take it, or leave it."[38] Thus, it can be struck down as void and unenforceable for being subversive of public policy, especially when the will of the dominant party is imposed upon the weaker party and the latter is denied the opportunity to bargain on equal footing.[39]