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SANTOS VENTURA HOCORMA FOUNDATION v. ERNESTO V. SANTOS

This case has been cited 5 times or more.

2014-04-07
SERENO, C.J.
Delay arises from the time the obligee judicially or extrajudicially demands from the obligor the performance of the obligation, and the latter fails to comply.[50] Delay, as used in Article 1169, is synonymous with default or mora, which means delay in the fulfilment of obligations.[51] It is the nonfulfillment of an obligation with respect to time.[52] In order for the debtor (in this case, the surety) to be in default, it is necessary that the following requisites be present: (1) that the obligation be demandable and already liquidated; (2) that the debtor delays performance; and (3) that the creditor requires the performance judicially or extrajudicially.[53]
2013-06-26
VILLARAMA, JR., J.
In this jurisdiction, the following requisites must be present in order that the debtor may be in default: (1) that the obligation be demandable and already liquidated; (2) that the debtor delays performance; and (3) that the creditor requires the performance judicially or extrajudicially.[30]
2011-05-30
LEONARDO-DE CASTRO, J.
Under Article 2028 of the Civil Code, "[a] compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced."  Like any other contract, an extrajudicial compromise agreement is not excepted from rules and principles of a contract.  It is a consensual contract, perfected by mere consent, the latter being manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.[76]  Judicial approval is not required for its perfection.[77]  A compromise has upon the parties the effect and authority of res judicata[78] and this holds true even if the agreement has not been judicially approved.[79]  In addition, as a binding contract, a compromise agreement determines the rights and obligations of only the parties to it.[80]
2009-12-04
BERSAMIN, J.
Verily, jurisprudence has justifiably, wisely and correctly regarded the transaction between the landowners and the government in expropriation proceedings, under the foregoing circumstances, as one of loan or forbearance of money,[46] which carries payment of interest in case of delay in payment.
2007-12-13
NACHURA, J.
A compromise judgment is a decision rendered by a court sanctioning the agreement between the parties concerning the determination of the controversy at hand. Essentially, it is a contract, stamped with judicial imprimatur, between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their difficulties by mutual consent in the manner which they agree on, and which each of them prefers in the hope of gaining, balanced by the danger of losing. [22] Upon court approval of a compromise agreement, it transcends its identity as a mere contract binding only upon the parties thereto, as it becomes a judgment that is subject to execution in accordance with Rule 39 of the Rules of Court.[23]