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SPS. EDUARDO AND ANN AGUSTIN v. CA

This case has been cited 3 times or more.

	GR No. 172733 2008-08-20	SPS. CORNELIO JOEL I. ORDEN AND MARIA NYMPHA V. ORDEN v. SPS. ARTURO AUREA AND MELODIA C. AUREA CHICO-NAZARIO, J.
Respondents Cobile failed to pay the balance of the purchase price. Such payment is a positive suspensive condition, failure of which is not a breach, serious or otherwise, but an event that prevents the obligation of the seller to convey title from arising.[38] The non-fulfillment by respondents Cobile of their obligation to pay, which is a suspensive condition for the obligation of petitioners Orden to sell and deliver the title to the properties, rendered the contract to sell ineffective and without force and effect.[39] The parties stand as if the conditional obligation had never existed.[40] Inasmuch as the suspensive condition did not take place, petitioners Orden cannot be compelled to transfer ownership of the properties to respondents Cobile.
	GR NO. 149238 2007-11-22	SIXTO ANTONIO v. SPS. SOFRONIO SANTOS AND AURORA SANTOS QUISUMBING, J.
Finally, concerning the deletion of moral damages and attorney's fees, we agree with the ruling of the Court of Appeals that here an award of moral damages is not warranted since the record is bereft of any proof that Antonio acted maliciously or in bad faith in filing the action.[13] Neither should attorney's fees be awarded. The accepted rule is that the reason for the award of attorney's fees must be stated in the text of the trial court's decision; otherwise, if it is stated only in the dispositive portion of the decision, the same must be disallowed.[14] In this case, we find that the trial court's decision failed to show the reason for the award of attorney's fees, hence it was properly deleted by the appellate court.
	GR NO. 133429 2006-08-10	SPS. VIRGILIO G. TAMAYO v. HEIRS OF GAVINO DOMINGUEZ
The accepted rule is that the reason for the award of attorney's fees must be stated in the text of the court's decision; otherwise, if it is stated only in the dispositive portion of the decision, the same shall be disallowed on appeal. The award of attorney's fees being an exception rather than the general rule, it is necessary for the court to make findings of facts and law that would bring the case within the exception and justify the grant of such award.[19]