This case has been cited 4 times or more.
2007-12-13 |
CHICO-NAZARIO, J. |
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Consent is essential for the existence of a contract, and where it is absent, the contract is non-existent. Consent in contracts presupposes the following requisites: (1) it should be intelligent or with an exact notion of the matter to which it refers; (2) it should be free; and (3) it should be spontaneous.[31] Moreover, a definite agreement on the manner of payment of the price is an essential element in the formation of a binding and enforceable contract of sale.[32] This is so because the agreement as to the manner of payment goes into the price such that a disagreement on the manner of payment is tantamount to a failure to agree on the price or consideration.[33] | |||||
2007-07-31 |
PUNO, C.J. |
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A donation is an act of liberality whereby a person disposes gratuitously a thing or right in favor of another, who accepts it.[22] Like any other contract, an agreement of the parties is essential. Consent in contracts presupposes the following requisites: (1) it should be intelligent or with an exact notion of the matter to which it refers; (2) it should be free; and (3) it should be spontaneous.[23] The parties' intention must be clear and the attendance of a vice of consent, like any contract, renders the donation voidable.[24] | |||||
2006-06-22 |
YNARES-SANTIAGO, J. |
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A donation is an act of liberality whereby a person disposes gratuitously a thing or right in favor of another, who accepts it.[13] Like any other contract, an agreement of the parties is essential. Consent in contracts presupposes the following requisites: (1) it should be intelligent or with an exact notion of the matter to which it refers; (2) it should be free, and (3) it should be spontaneous.[14] The parties' intention must be clear and the attendance of a vice of consent, like any contract, renders the donation voidable.[15] | |||||
2005-07-08 |
YNARES-SANTIAGO, J. |
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It is an established doctrine of long standing that factual findings of the trial court on the credibility of witnesses are accorded great weight and respect and will not be disturbed on appeal.[29] The trial court is in a unique position of having observed that elusive and incommunicable evidence of the witnesses' deportment on the stand while testifying, which opportunity is denied to the appellate courts. Only the trial judge can observe the furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh or the scant or full realization of an oath all of which are useful for an accurate determination of a witness' honesty and sincerity.[30] Thus, the clear and straightforward testimonies of Mendoza and Salvosa, who are disinterested witnesses, deserve credence. |