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GLORIA A. SAMEDRA LACANILAO v. CA

This case has been cited 3 times or more.

2005-10-14
AUSTRIA-MARTINEZ, J.
In this case, the parties not only titled their contract as "Contract to Sell Lot and House" but specified in their agreement that the vendor shall only execute a deed of absolute sale on the date of the final payment by vendee.[42] Such provision signifies that the parties truly intended their contract to be that of contract to sell.[43]
2004-03-01
YNARES-SATIAGO, J.
On the application of equity, it appears that the crux of the controversy involves the characterization of equity in the context of contract law.  Preliminarily, we reiterate that this Court, while aware of its equity jurisdiction, is first and foremost, a court of law.  While equity might tilt on the side of one party, the same cannot be enforced so as to overrule positive provisions of law in favor of the other. [18] Thus, before we can pass upon the propriety of an application of equitable principles in the case at bar, we must first determine whether or not positive provisions of law govern.