This case has been cited 1 times or more.
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2005-07-15 |
CALLEJO, SR., J. |
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| Citing the ruling of the Court in Ace-Agro Development Corporation v. Court of Appeals,[55] RCAM avers that the literal meaning of the MOA should be enforced. It argues that LPI's claim, that the unused portion of the lease period was suspended because of its unilateral rescission of the MOA, has no basis in fact and in law. It insists that the Court has no authority to create, construct or alter the MOA, except in those instances provided for in Article 1197 and Article 1670 of the New Civil Code. In light of the nullification of the rescission of the MOA, the only right of LPI is to file an action for its rescission and damages under Article 1191 of the New Civil Code. | |||||