This case has been cited 3 times or more.
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2007-06-08 |
NACHURA, J. |
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| We join the CA in rejecting this view because to allow the transaction involving the pick-up to be read into the terms of the lease agreement would expand the coverage of the agreement, in violation of Article 1372 of the New Civil Code. [31] The lease contract subject of the complaint speaks only of a lease. Any agreement between the parties after the lease contract has ended is a different transaction altogether and should not be included as part of the lease. Furthermore, it is a cardinal rule in the interpretation of contracts that if the terms of a contract are clear and leave no doubt as to the intention of the contracting parties, the literal meaning of its stipulations shall control. No amount of extrinsic aid is necessary in order to determine the parties' intent.[32] | |||||
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2004-11-25 |
AUSTRIA-MARTINEZ, J. |
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| (3) that there is an urgent and permanent act and urgent necessity for the writ to prevent serious damage. In the present case, respondent's entitlement to the injunctive writ is found on its prima facie legal right to remain in the premises and continue broadcasting commercial advertisements within the LRT stations. The only way to determine this is to look into the terms of the contract between petitioner and respondent, as it provides for their respective rights and obligations. It is fundamental that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control. No amount of extrinsic aids are required and no further extraneous sources are necessary in order to ascertain the parties' intent [27] | |||||
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2001-08-10 |
YNARES-SANTIAGO, J. |
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| In light of all the foregoing, we find that the Court of Appeals erred in granting the extraordinary remedy of certiorari to the Bitanga group. It is elementary that a special civil action for certiorari is limited to correcting errors of jurisdiction or grave abuse of discretion.[33] None of these have been found to obtain in the petition before the Court of Appeals. What is more, it is also settled that the issuance of the writ of preliminary injunction as an ancillary or preventive remedy to secure the rights of a party in a pending case is entirely within the discretion of the court taking cognizance of the case, the only limitation being that this discretion should be exercised based upon the grounds and in the manner provided by law. The exercise of sound judicial discretion by the lower court in injunctive matters should not be interfered with except in cases of manifest abuse.[34] | |||||