Lawyerly

You're currently signed in as:
User

UNLAD RESOURCES DEVELOPMENT CORPORATION v. RENATO P. DRAGON

This case has been cited 4 times or more.

	GR No. 201167 2013-02-27	GOTESCO PROPERTIES v. SPS. EUGENIO PERLAS-BERNABE, J.
At this juncture, it is noteworthy to point out that rescission does not merely terminate the contract and release the parties from further obligations to each other, but abrogates the contract from its inception and restores the parties to their original positions as if no contract has been made.[31] Consequently, mutual restitution, which entails the return of the benefits that each party may have received as a result of the contract, is thus required.[32] To be sure, it has been settled that the effects of rescission as provided for in Article 1385 of the Code are equally applicable to cases under Article 1191, to wit: x x x x
	GR No. 171076 2012-08-01	GOLDLOOP PROPERTIES INC. v. GOVERNMENT SERVICE INSURANCE SYSTEM DEL CASTILLO, J.
As correctly observed by the RTC, the rescissory action taken by GSIS is pursuant to Article 1191[57] of the Civil Code. In cases involving rescission under the said provision, mutual restitution is required.[58] The parties should be brought back to their original position prior to the inception of the contract.[59] "Accordingly, when a decree of rescission is handed down, it is the duty of the court to require both parties to surrender that which they have respectively received and to place each other as far as practicable in [their] original situation."[60] Pursuant to this, Goldloop should return to GSIS the possession and control of the property subject of their agreements while GSIS should reimburse Goldloop whatever amount it had received from the latter by reason of the MOA and the Addendum.
	GR No. 163280 2010-02-02	DORIS U. SUNBANUN v. AURORA B. GO CARPIO, J.
Furthermore, we affirm the award of exemplary damages and attorney's fees. Exemplary damages may be awarded when a wrongful act is accompanied by bad faith or when the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner which would justify an award of exemplary damages under Article 2232[14] of the Civil Code.[15] Since the award of exemplary damages is proper in this case, attorney's fees and cost of the suit may also be recovered as provided under Article 2208[16] of the Civil Code.[17]