This case has been cited 5 times or more.
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2015-04-07 |
LEONEN, J. |
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| It is settled that "the constitutional guaranty of non-impairment... is limited by the exercise of the police power of the State, in the interest of public health, safety, morals and general welfare."[135] "It is a basic rule in contracts that the law is deemed written into the contract between the parties."[136] The incorporation of regulations into contracts is "a postulate of the police power of the State."[137] | |||||
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2014-03-10 |
VELASCO JR., J. |
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| The facts are clear that Bautista sold to respondents his lots which were covered by a free patent. While the deeds of sale do not explicitly contain the stipulation that the sale is subject to repurchase by the applicant within a period of five (5) years from the date of conveyance pursuant to Sec. 119 of CA 141, still, such legal provision is deemed integrated and made part of the deed of sale as prescribed by law. It is basic that the law is deemed written into every contract.[15] Although a contract is the law between the parties, the provisions of positive law which regulate contracts are deemed written therein and shall limit and govern the relations between the parties.[16] Thus, it is a binding prestation in favor of Bautista which he may seek to enforce. That is precisely what he did. He filed a complaint to enforce his right granted by law to recover the lot subject of free patent. Ergo, it is clear that his action is for specific performance, or if not strictly such action, then it is akin or analogous to one of specific performance. Such being the case, his action for specific performance is incapable of pecuniary estimation and cognizable by the RTC. | |||||
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2011-10-19 |
SERENO, J. |
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| It should also be mentioned that in National Steel Corporation v. The Regional Trial Court of Lanao del Norte,[26] the Supreme Court held: [P]rice escalation is expressly allowed under Presidential Decree 1594, which law allows price escalation in all contracts involving government projects including contracts entered into by government entities and instrumentalities and Government Owned or Controlled Corporations (GOCCs). It is a basic rule in contracts that the law is deemed written into the contract between the parties. And when there is no prohibitory clause on price escalation, the Court will allow payment therefor. | |||||
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2010-05-04 |
VILLARAMA, JR., J. |
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| Respondents having acted in bad faith, moral damages may be recovered under Article 2219 of the Civil Code.[69] On the other hand, the requirements of an award of exemplary damages are: (1) they may be imposed by way of example in addition to compensatory damages, and only after the claimant's right to them has been established; (2) that they cannot be recovered as a matter of right, their determination depending upon the amount of compensatory damages that may be awarded to the claimant; and (3) the act must be accompanied by bad faith or done in a wanton, fraudulent, oppressive or malevolent manner.[70] The award of exemplary damages is thus in order. However, we find the sums awarded by the trial court as moral and exemplary damages as reduced by the CA, still excessive under the circumstances. | |||||
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2004-11-22 |
TINGA, J, |
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| At this point, we hearken to the rule that the findings of the Arbitration Board, affirmed by the trial court and the Court of Appeals and supported as they are by substantial evidence, should be accorded not only respect but finality.[33] Accordingly, the amount of P763.00 per cubic meter fixed by the Arbitration Board and affirmed by the appellate court as just compensation should stand. | |||||