This case has been cited 7 times or more.
2008-07-23 |
CORONA, J. |
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A contract of lease is a consensual, bilateral, onerous and commutative contract by which the owner temporarily grants the use of his property to another who undertakes to pay the rent.[26] Being a consensual contract, it is perfected at the moment there is a meeting of the minds on the thing and the cause and consideration which are to constitute the contract.[27] Without the agreement of both parties, no contract of lease can be said to have been created or established. [28] Nobody can force an owner to lease out his property if he is not willing. | |||||
2007-07-12 |
GARCIA, J. |
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In general, contracts undergo three distinct stages, to wit: negotiation, perfection or birth, and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of their agreement. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract, i.e., consent, object and price. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof.[4] | |||||
2006-11-16 |
PUNO, J. |
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Contract formation undergoes three distinct stages preparation or negotiation, perfection or birth, and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. The perfection or birth of the contract takes place when the parties agree upon all the essential elements thereof. The last stage is the consummation of the contract wherein the parties fulfill or perform the terms agreed upon, culminating in its extinguishment.[20] Once there is concurrence of the offer and acceptance of the object and cause, the stage of negotiation is finished. This situation does not obtain in the case at bar. The letter of February 22, 1993 and the surrounding circumstances clearly show that the parties are not past the stage of negotiation, hence there could not have been a perfected contract of sale. | |||||
2004-11-19 |
CHICO-NAZARIO, J. |
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In the case of Bugatti v. Court of Appeals,[37] we reiterated the principle that "[a] contract undergoes three distinct stages preparation or negotiation, its perfection, and finally, its consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. The perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. The last stage is the consummation of the contract wherein the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof." | |||||
2004-10-20 |
TINGA, J, |
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In general, contracts undergo three distinct stages, to wit: negotiation; perfection or birth; and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof.[37] | |||||
2003-10-23 |
CARPIO, J. |
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Under these provisions the Spouses Firme have the following options: (1) to appropriate what Bukal Enterprises has built without any obligation to pay indemnity; (2) to ask Bukal Enterprises to remove what it has built; or (3) to compel Bukal Enterprises to pay the value of the land.[61] Since the Spouses Firme are undoubtedly not selling the Property to Bukal Enterprises, they may exercise any of the first two options. They may appropriate what has been built without paying indemnity or they may ask Bukal Enterprises to remove what it has built at Bukal Enterprises' own expense. | |||||
2000-08-16 |
GONZAGA-REYES, J. |
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then Justice Secretary Teofisto Guingona on July 12, 1995. Subsequently, the TONDAS filed with the Court of Appeals a special civil action for certiorari and prohibition with application for a temporary restraining order or a writ of preliminary injunction,[7] which was docketed as CA-G.R. SP No. 38113. |