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OLYMPIA HOUSING v. PANASIATIC TRAVEL CORPORATION

This case has been cited 1 times or more.

2004-11-17
QUISUMBING, J.
Here, we find that it was not necessary for the petitioners to demand the cancellation of the contract by a notarial act.  In Olympia Housing, Inc. v. Panasiatic Travel Corporation,[43] we ruled that a seller is not precluded from going to the court to demand judicial rescission in lieu of a notarial act of rescission.  In the same vein, it would be superfluous for the petitioners to have demanded the cancellation of the contract via a notarial act, when they have already judicially sought for its cancellation thru the institution of the complaint.