This case has been cited 2 times or more.
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2011-09-17 |
PERALTA, J. |
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| On the contrary, the case of Barbasa v. Tuquero[48] applies. In Barbasa, the lessor, together with the head of security and several armed guards, disconnected the electricity in the stalls occupied by the complainants-lessees because of the latter's failure to pay the back rentals. The Court held that there was no violence, force or the display of it as would produce intimidation upon the lessees' employees when the cutting off of electricity was effected. On the contrary, the Court found that it was done peacefully and that the guards were there not to intimidate them but to prevent any untoward or violent event from occurring in the exercise of the lessor's right under the contract. We reach the same conclusion in this case. | |||||
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2010-01-20 |
ABAD, J. |
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| (7) the percentage that the finance bears to the total amount to be financed expressed as a simple annual rate on the outstanding unpaid balance of the obligation. Penalty charge, which is liquidated damages resulting from a breach,[41] falls under item (6) or finance charge. A finance charge "represents the amount to be paid by the debtor incident to the extension of credit."[42] The lender may provide for a penalty clause so long as the amount or rate of the charge and the conditions under which it is to be paid are disclosed to the borrower before he enters into the credit agreement. | |||||