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MELANIE M. MESINA v. GLORIA C. GARCIA

This case has been cited 1 times or more.

2011-12-05
PEREZ, J.
Neither do we find merit in LVM's harping over the lack of showing in the record that the Joint Venture has actually paid its liability for VAT.  For this purpose, LVM insists that the Official Receipts for its payments on the Joint Venture's billing were issued by respondent F. Sanchez Construction and that the Monthly VAT Declarations were, in fact, filed by Fortunato Sanchez, Sr.  However, the evidence on record is to the effect that, failing to register with the Securities and Exchange Commission (SEC) and to obtain a Mayor's Permit and authorization from the BIR to print its official receipts, the Joint Venture apprised LVM of its intention to use respondent F. Sanchez Construction's BIR-registered receipts.[42]  Aside from being indicative of its knowledge of the foregoing circumstances, LVM's previous unqualified acceptance of said official receipts should, clearly, bar the belated exceptions it now takes with respect thereto. A party, having performed affirmative acts upon which another person based his subsequent actions, cannot thereafter refute his acts or renege on the effects of the same, to the prejudice of the latter.[43]