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LA JOLLA v. CA

This case has been cited 3 times or more.

2012-02-29
CARPIO, J.
This is a petition[1] for review on certiorari under Rule 45 of the Rules of Court. The petition challenges the 29 April 2011 Decision[2] of the Court of Appeals in CA-G.R. SP No. 115851, affirming the 8 February[3] and 25 June[4] 2010 Resolutions of the National Labor Relations Commission (NLRC) in NLRC-LAC-No. 12-004061-08. The NLRC set aside the 30 October 2008 Decision[5] of the Labor Arbiter in NLRC Case No. RAB-III-02-9779-06.
2006-11-10
CARPIO MORALES, J.
The power of the courts to establish a grace period is potestative or discretionary, depending on the particular circumstances of the case. Thus, a longer term may be granted where equities come into play, and may be denied where none appears, always with due deference to the parties' freedom to contract.[25]
2002-03-07
PANGANIBAN, J.
In general, the power of the courts to fix a longer term for a lease is discretionary.  Such power is to be exercised only in accordance with the particular circumstances of a case: a longer term to be granted where equities demanding extension come into play; to be denied where none appear -- always with due deference to the parties' freedom to contract.[10] Thus, courts are not bound to extend the lease.[11]