This case has been cited 1 times or more.
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2006-11-22 |
AUSTRIA-MARTINEZ, J. |
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| What's more, it was petitioner's own counsel, Atty. Avelino Liangco, who drafted the Deed of Absolute Sale and Promissory Note on May 1, 1990, after petitioner met with Atty. Gargantos at the Shanghai Restaurant, which was owned by petitioner. According to Atty. Liangco, on May 1, 1990, Atty. Gargantos paid a "considerable" sum of money to petitioner as partial fulfillment of respondents' obligation under the Deed of Conditional Sale. Thereafter, Atty. Liangco prepared the Deed of Absolute Sale of the 11 lots and the Promissory Note for the remaining obligation.[34] Atty. Liangco also testified that it was petitioner himself who dictated the amount to be indicated in the Deed of Absolute Sale and the Promissory Note, and petitioner kept the original copies of these documents.[35] It is settled that in order to ascertain the true intention of the parties, their actions, subsequent or contemporaneous, must be principally considered.[36] The foregoing circumstances confirm petitioner's grasp of what he was entering into and was very well aware of the terms and conditions of the Deed of Absolute Sale and the Promissory Note. He cannot now turn his back on it and claim that it was merely executed so that Atty. Gargantos will have something to show his principals. To sustain this is to make a mockery of the sanctity of contracts. In addition, it is merely bare allegation supported by nothing but uncorroborated words. | |||||