This case has been cited 1 times or more.
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2006-11-30 |
CALLEJO, SR., J. |
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| The validity or enforceability of the impugned contracts will have to be determined by the peculiar circumstances obtaining in each case and the situation of the parties concerned. Indeed, Article 24 of the New Civil Code provides that "[in] all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap, the courts must be vigilant for his protection."[33] In this case, however, there is no reason for the Court to apply the rule on stringent treatment towards contracts of adhesion. To reiterate, not only is petitioner educated, she is likewise a well-known and experienced businesswoman; thus, she cannot claim to be the weaker or disadvantaged party in the subject contracts so as to call for a strict interpretation against respondents. Moreover, she executed the Pre-Need Purchase Agreement and Deed of Sale without any complaint or protest. She assailed Rule 69 of the Rules and Regulations of respondent SFMPI only when respondents rejected her request to cause the construction of the mausoleum. | |||||