This case has been cited 6 times or more.
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2012-07-11 |
PEREZ, J. |
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| A breach of contract may give rise to an award of moral damages only if the party guilty of the breach acted fraudulently or in bad faith. Likewise, a breach of contract may give rise to exemplary damages if the guilty party acted in a wanton, fraudulent, reckless, oppressive or malevolent manner.[154] | |||||
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2008-12-18 |
VELASCO JR., J. |
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| Geronimo's allegation that an export packing credit loan is separate and distinct from an omnibus credit line is but a bare and self-serving assertion bereft of any factual or legal basis. One who alleges something must prove it: a mere allegation is not evidence.[25] Geronimo has not discharged his burden of proof. His contention cannot be given any weight. | |||||
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2007-02-08 |
SANDOVAL-GUTIERREZ, J. |
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| Verily, petitioners cannot now renege on their obligation to comply with what is incumbent upon them under the loan agreement. A contract is the law between the parties and they are bound by its stipulations. [12] | |||||
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2006-05-04 |
CALLEJO, SR., J. |
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| The rule is that one who alleges a fact has the burden of proving it; thus, petitioners were burdened to prove their allegation that respondents dismissed them from their employment.[24] It must be stressed that the evidence to prove this fact must be clear, positive and convincing.[25] The rule that the employer bears the burden of proof in illegal dismissal cases finds no application here because the respondents deny having dismissed the petitioners. | |||||
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2006-04-19 |
AUSTRIA-MARTINEZ, J. |
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| The resolution of this dispute hinges on the terms and conditions of Pre-Need Agreement No. 93945-5, a contract freely entered into by petitioner and private respondent. The pre-need plan is the law between petitioner and private respondent and they are bound by its stipulations. If the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.[12] | |||||