This case has been cited 1 times or more.
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2008-07-28 |
CARPIO MORALES, J. |
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| Article 1358 of the Civil Code provides that any transaction involving the sale or disposition of real property must be in writing.[18] The stipulation harped upon by petitioners that they "shall be provided a 2 ½ meters wide road right-of-way on the western side of their lot but which is not included in this sale" is not a disposition of real property. The proviso that the intended grant of right of way is "not included in this sale" could only mean that the parties would have to enter into a separate and distinct agreement for the purpose.[19] The use of the word "shall," which is imperative or mandatory in its ordinary signification, should be construed as merely permissive where, as in the case at bar, no public benefit or private right requires it to be given an imperative meaning.[20] | |||||