ChanRobles™ Virtual Law Library | chanrobles.com™  
Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence
Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
Chan Robles Virtual Law Library
 









 

 
UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-2003 Jurisprudence                 

  • G.R. No. 125297 June 6, 2003 - ELVIRA YU OH v. COURT OF APPEALS, ET AL.

  • G.R. No. 143675 June 9, 2003 - SPS. ROMEO and EMILY GUDA v. ALAN A. LEYNES, ET AL.

  • G.R. No. 145338 June 9, 2003 - PEOPLE OF THE PHIL. v. ZALDY P. LABIANO

  • A.C. No. 4738 June 10, 2003 - VIOLETA FLORES ALITAGTAG v. VIRGILIO R. GARCIA

  • Bar Matter No. 1036 June 10, 2003 - DONNA MARIE S. AGUIRRE v. EDWIN L. RANA

  • A.M. No. 99-6-81-MTCC June 10, 2003 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MTCC OF PALAYAN CITY

  • A.M. No. MTJ-99-1203 June 10, 2003 - NELIA A. ZIGA v. RAMON A. AREJOLA

  • A.M. No. P-96-1214 June 10, 2003 - BERNARDINO M. FABIAN, ET AL. v. LEILA (LAILA) M. GALO

  • A.M. No. RTJ-03-1751 June 10, 2003 - ANDREA D. DOMINGO v. ERNESTO P. PAGAYATAN

  • G.R. No. 111159 June 10, 2003 - NORDIC ASIA LIMITED, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116463 June 10, 2003 - REPUBLIC OF THE PHIL. thru the DPWH v. COURT OF APPEALS, ET AL.

  • G.R. No. 119293 June 10, 2003 - SAN MIGUEL CORP. v. NLRC, ET AL.

  • G.R. No. 123054 June 10, 2003 - PEOPLE OF THE PHIL. v. FAUSTO B. OBEDO

  • G.R. No. 125778 June 10, 2003 - INTER-ASIA INVESTMENTS INDUSTRIES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125838 June 10, 2003 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126281 June 10, 2003 - PEOPLE OF THE PHIL. v. SERGIO A. CARATAO

  • G.R. No. 131842 June 10, 2003 - PEOPLE OF THE PHIL. v. DIONISIO JACKSON

  • G.R. No. 139561 June 10, 2003 - SPS. FEDERICO & SARAH ATUEL, ET AL. v. SPS. BERNABE & CONCHITA VALDEZ

  • G.R. No. 141115 June 10, 2003 - POSADAS-MOYA and ASSOC. CONST. CO. v. GREENFIELD DEV’T. CORP.

  • G.R. No. 142467 June 10, 2003 - PEOPLE OF THE PHIL. v. ABELARDO DE CASTRO, ET AL.

  • G.R. No. 143076 June 10, 2003 - PHILIPPINE RURAL ELECTRIC COOPERATIVES ASSOCIATION, ET AL. v. SECRETARY, DILG, ET AL.

  • G.R. No. 143125 June 10, 2003 - PEOPLE OF THE PHIL .vs. DIOSDADO R. CORIAL

  • G.R. No. 144157 June 10, 2003 - PEOPLE OF THE PHIL. v. LOWELL SALUDES

  • G.R. Nos. 144523-26 June 10, 2003 - PEOPLE OF THE PHIL. v. FLORENTINO QUIJANO SR.

  • G.R. Nos. 145452-53 June 10, 2003 - PEOPLE OF THE PHIL. v. LARRY CARITATIVO

  • G.R. Nos. 146749 & 147938 June 10, 2003 - CHINA BANKING CORP. v. COURT OF APPEALS

  • G.R. No. 149154 June 10, 2003 - RODOLFO S. DE JESUS, ET AL. v. COMMISSION ON AUDIT

  • G.R. No. 150611 June 10, 2003 - JACINTO SAGUID v. COURT OF APPEALS, ET AL.

  • G.R. No. 153660 June 10, 2003 - PRUDENCIO BANTOLINO, ET AL. v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. RTJ-02-1724 June 12, 2003 - RODOLFO O. MACACHOR v. ROLINDO D. BELDIA JR.

  • G.R. No. 138541 June 12, 2003 - PEOPLE OF THE PHIL. v. JOSE LARRY COLONIA

  • G.R. No. 148327 June 12, 2003 - PEOPLE OF THE PHIL. v. ROMEO P. DESALISA

  • A.M. No. P-03-1679 June 16, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. BEL EDUARDO F. NITAFAN, ET AL.

  • A.M. No. SCC-03-08 June 16, 2003 - ERMELYN A. LIMBONA v. CASAN ALI LIMBONA

  • G.R. No. 95901 June 16, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. SIBONGA, ET AL.

  • G.R. No. 138692 June 16, 2003 - PEOPLE OF THE PHIL. v. OSCAR AREO

  • G.R. Nos. 141280-81 June 16, 2003 - PEOPLE OF THE PHIL. v. RICKY L. SODSOD, ET AL.

  • G.R. No. 144589 June 16, 2003 - PEOPLE OF THE PHIL. v. JUANITO PACUANCUAN

  • G.R. No. 149683 June 16, 2003 - ILOILO TRADERS FINANCE INC. v. HEIRS OF OSCAR SORIANO JR., ET AL.

  • G.R. No. 149750 June 16, 2003 - AURORA ALCANTARA-DAUS v. SPS. HERMOSO & SOCORRO DE LEON

  • A.M. No. MTJ-96-1106 June 17, 2003 - CELESTINA B. CORPUZ v. ORLANDO ANA F. SIAPNO

  • A.M. No. RTJ-02-1710 June 17, 2003 - EVANGELINA C. SAMSON v. JULES A. MEDIA

  • A.M. No. RTJ-03-1784 June 17, 2003 - MANUEL M. ROSALES v. ROMULO S.G. VILLANUEVA

  • G.R. No. 123146 June 17, 2003 - PEOPLE OF THE PHIL. v. ALONA BULI-E, ET AL.

  • G.R. No. 128225 June 17, 2003 - PEOPLE OF THE PHIL. v. DANTE A. NARRA

  • G.R. No. 137042 June 17, 2003 - PEOPLE OF THE PHIL. v. FELIPE MUSA, ET AL.

  • G.R. No. 144225 June 17, 2003 - SPS. GODOFREDO and CARMEN ALFREDO v. SPS. ARMANDO and ADELIA BORRAS

  • G.R. No. 145993 June 17, 2003 - PEOPLE OF THE PHIL. v. RUFINO I. MALLARI

  • G.R. No. 148668 June 17, 2003 - PEOPLE OF THE PHIL. v. TONY L. PEDRONAN

  • G.R. No. 151440 June 17, 2003 - HEIRS OF SIMPLICIO SANTIAGO v. HEIRS OF MARIANO E. SANTIAGO

  • A.M. No. MTJ-03-1493 June 18, 2003 - RENE BOY GOMEZ v. MANUEL D. PATALINGHUG, ET AL.

  • G.R. No. 123161 June 18, 2003 - PEOPLE OF THE PHIL. v. LIBERATO SOLAMILLO, ET AL.

  • G.R. No. 125305 June 18, 2003 - PEOPLE OF THE PHIL. v. BERNABE MONTEMAYOR

  • G.R. Nos. 127756-58 June 18, 2003 - PEOPLE OF THE PHIL. v. BENJAMIN P. MEDINA SR.

  • G.R. Nos. 131926 & 138991 June 18, 2003 - PEOPLE OF THE PHIL. v. MICHAEL U. PAGALASAN, ET AL.

  • G.R. No. 134981 June 18, 2003 - FREDELITO P. VITTO v. COURT OF APPEALS, ET AL.

  • G.R. No. 135857 June 18, 2003 - PEOPLE OF THE PHIL. v. ADRIANO ARCA

  • G.R. Nos. 140439-40 June 18, 2003 - PEOPLE OF THE PHIL. v. FELIX HERMOSA

  • G.R. No. 144975 June 18, 2003 - PEOPLE OF THE PHIL. v. AMADOR SAPIGAO, ET AL.

  • G.R. No. 149147 June 18, 2003 - FELIX BAROT v. COMELEC CITY BOARD OF CANVASSERS OF TANJAY CITY, ET AL.

  • G.R. No. 150327 June 18, 2003 - REPUBLIC OF THE PHIL. v. MARILYN A. PERALTA, ET AL.

  • A.M. No. 01-6-314-RTC June 19, 2003 - RE: REQUEST OF JUDGE ROBERTO S. JAVELLANA, RTC-BR. 59, SAN CARLOS CITY

  • A.M. No. MTJ-92-710 June 19, 2003 - PEDRITA M. HARAYO v. JUDGE MAMERTO Y. COLIFLORES

  • G.R. No. 154411 June 19, 2003 - NATIONAL HOUSING AUTHORITY v. HEIRS OF ISIDRO GUIVELONDO, ET AL.

  • A.M. No. P-03-1701 June 20, 2003 - BALTAZAR LL. FIRMALO v. MELINDA C. QUIERREZ

  • A.M. No. RTJ-00-1594 June 20, 2003 - PASTOR SALUD v. FLORENTINO M. ALUMBRES

  • G.R. No. 122766 June 20, 2003 - PEOPLE OF THE PHIL. v. FELIPE ESPONILLA, ET AL.

  • G.R. No. 127275 June 20, 2003 - PHILIPPINE COMMERCIAL INTERNATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 130759 June 20, 2003 - ASIATRUST DEVELOPMENT BANK v. CONCEPTS TRADING CORP.

  • G.R. No. 139332 June 20, 2003 - PEOPLE OF THE PHIL v. NOLI A. NOVIO

  • G.R. No. 140698 June 20, 2003 - ROGELIO ENGADA v. COURT OF APPEALS, ET AL.

  • G.R. No. 142503 June 20, 2003 - ROMUALDO C. PEREZ v. APOLONIO CRUZ

  • G.R. No. 142820 June 20, 2003 - WOLFGANG O. ROEHR v. MARIA CARMEN D. RODRIGUEZ, ET AL.

  • G.R. No. 143604 June 20, 2003 - PRISCO LANZADERAS, ET AL. v. AMETHYST SECURITY AND GENERAL SERVICES, ET AL.

  • G.R. No. 146595 June 20, 2003 - CARLO A. TAN v. KAAKBAY FINANCE CORP., ET AL.

  • G.R. No. 152436 June 20, 2003 - NPC v. SPS. IGMEDIO CHIONG, ET AL.

  • G.R. No. 152766 June 20, 2003 - LILIA SANCHEZ v. COURT OF APPEALS

  • G.R. No. 140872 June 23, 2003 - PEOPLE OF THE PHIL. v. PABLITO T. INGGO

  • G.R. Nos. 142683-84 June 23, 2003 - PEOPLE OF THE PHIL. v. SERGIO JOROLAN

  • G.R. Nos. 143760-63 June 23, 2003 - PEOPLE OF THE PHIL. v. ROMEO B. MANLUCTAO

  • G.R. No. 144018 June 23, 2003 - FAR EAST BANK AND TRUST CO. v. TOMAS TOH, SR., ET AL.

  • A.C. No. 3849 June 25, 2003 - FELICIDAD VDA. DE BERNARDO v. JOSE R. RESTAURO

  • G.R. Nos. 105416-17, 111863 & 143715 June 25, 2003 - PHILIPP BROTHERS OCEANIC, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122109 June 25, 2003 - PEOPLE OF THE PHIL. v. JESUS TORIO

  • G.R. No. 123896 June 25, 2003 - ROSALINDA SERRANO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126113 June 25, 2003 - PEOPLE OF THE PHIL. v. ANTONIO B. GUIHAMA

  • G.R. No. 135323 June 25, 2003 - PEOPLE OF THE PHIL. v. EDELMA LAGATA

  • G.R. No. 136773 June 25, 2003 - MILAGROS MANONGSONG v. FELOMENA JUMAQUIO ESTIMO, ET AL.

  • G.R. No. 146018 June 25, 2003 - EDGAR COKALIONG SHIPPING LINES v. UCPB GENERAL INSURANCE COMPANY

  • G.R. Nos. 147589 & 147613 June 25, 2003 - ANG BAGONG BAYANI-OFW LABOR PARTY v. COMELEC, ET AL.

  • A.M. No. P-01-1472 June 26, 2003 - ADRIANO V. ALBIOR v. DONATO A. AUGUIS

  • A.M. No. P-02-1544 June 26, 2003 - ERNESTO LUMANTA v. WILFREDO M. TUPAS

  • A.M. No. RTJ-02-1670 June 26, 2003 - SPS. CAROLINA AND VILLAMOR GRAGERA v. PABLO B. FRANCISCO

  • A.M. No. RTJ-02-1736 June 26, 2003 - SPS. ARTURO and JOSEFINA DE GUZMAN v. FERNANDO VIL PAMINTUAN

  • A.M. No. RTJ-99-1519 June 26, 2003 - GREGORIO LIMPOT LUMAPAS v. CAMILO E. TAMIN

  • G.R. No. 137296 June 26, 2003 - PEOPLE OF THE PHIL. v. DIONISIO Q. VICENTE

  • G.R. No. 140967 June 26, 2003 - EMERITA ACOSTA v. EMILIO ENRIQUEZ

  • G.R. No. 141863 June 26, 2003 - BASILIO RIVERA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 144090 June 26, 2003 - PEOPLE OF THE PHIL. v. MICHAEL S. MAGUING

  • G.R. No. 145305 June 26, 2003 - PEOPLE OF THE PHIL. v. REDANTE C. SANTOS

  • G.R. No. 145731 June 26, 2003 - PEOPLE OF THE PHIL. v. GREGORIO GERAL, ET AL.

  • G.R. No. 148730 June 26, 2003 - PEOPLE OF THE PHIL. v. JOSE D. DELA CRUZ, ET AL.

  • G.R. No. 154705 June 26, 2003 - REPUBLIC OF INDONESIA, ET AL. v. JAMES VINZON

  • G.R. No. 121828 June 27, 2003 - PEOPLE OF THE PHIL. v. RENE GAYOT PILOLA

  • G.R. Nos. 124830-31 June 27, 2003 - PEOPLE OF THE PHIL. v. GERARDO P. EVINA

  • G.R. No. 138993 June 27, 2003 - PHILIPPINE VETERANS BANK v. SANTIAGO G. ESTRELLA, ET AL.

  • G.R. Nos. 139217–24 June 27, 2003 - PEOPLE OF THE PHIL. v. NELSON ESPERANZA

  • G.R. No. 143643 June 27, 2003 - NATIONAL POWER CORPORATION v. SPS. JOSE & MA. CLARA CAMPOS

  •  





     
     

    G.R. No. 149683   June 16, 2003 - ILOILO TRADERS FINANCE INC. v. HEIRS OF OSCAR SORIANO JR., ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 149683. June 16, 2003.]

    ILOILO TRADERS FINANCE INC., Petitioner, v. HEIRS OF OSCAR SORIANO, JR., and MARTA L. SORIANO, Respondents.

    D E C I S I O N


    VITUG, J.:


    On 23 October 1979 and 29 February 1980, the spouses Oscar Soriano and Marta Soriano executed two promissory notes, secured by real property mortgages, in favor of petitioner Iloilo Traders Finance, Inc. (ITF). When the Sorianos defaulted on the notes, ITF, on 23 June 1981, moved for the extrajudicial foreclosure of the mortgages. Evidently, in order to forestall the foreclosure, respondent spouses filed, on 27 August 1981, a complaint for "Declaration of a Void Contract, Injunction and Damages." On 06 January 1982, the trial court issued a writ of preliminary injunction to suspend the public sale of the hypothecated property. On 16 August 1983, the parties entered into an "Amicable Settlement" and, after affixing their signatures thereon, submitted the agreement before the court. Instead of approving forthwith the amicable settlement, the trial court required the parties to first give some clarifications on a number of items. The order read in part —

    "Paragraph 4 of the compromise agreement dated August 16, 1983 states: ‘That the plaintiffs waive any claims, counterclaims, attorney’s fees or damages that they may have against herein defendants.’

    "Plaintiffs and defendant Iloilo Traders Finance, Inc., are directed to clarify whether the words ‘herein defendants’ include defendants Bernadette Castellano and the provincial sheriff of Iloilo.chanrob1es virtua1 1aw 1ibrary

    "If the plaintiffs desire to dismiss the complaint against defendants Castellano and the provincial sheriff of Iloilo, they should state it categorically and in writing.

    "Furthermore, the Court wants to know from the plaintiffs and defendant Iloilo Traders Finance, Inc., if the writ of preliminary injunction issued on January 6, 1982 should be lifted as to all three defendants.

    "The clarification herein sought after by the Court shall be made in writing and signed by the parties concerned, assisted by their respective attorneys.

    "This Order shall be complied with within a period of ten (10) days from notice hereof." 1

    The parties failed to comply with the court order. Resultantly, the trial court disapproved the amicable settlement and set the case for pre-trial. Nothing much could be gleaned from the records about what might have transpired next not until seven years later when the Soriano couple filed a motion to submit anew the amicable settlement. The motion was opposed by ITF on the ground that the amount expressed in the settlement would no longer be accurate considering the lapse of seven years, implying in a way that it could be amendable thereto if the computation were to be revised. The trial court denied the Soriano motion. Significantly, while the order of denial was made on the thesis that the debtor spouses, without the consent of ITF, could not unilaterally resurrect the amicable settlement, the trial court, nevertheless, made the following observations —

    ". . . (T)hat in relation to the disapproved Amicable Settlement, the intention of ITF to agree and abide by the provisions thereof, as evidenced by the signatures thereto of its President and counsels, cannot be ignored. That intention pervades to the present time since the disapproval by the court pertains only to a technicality which in no way intruded into the substance of the agreement reached by the parties. Such being the case, the Amicable Settlement had novated the original agreement of the parties as embodied in the promissory note. The rights and obligations of the parties, therefore, at this time should be based on the provisions of the amicable settlement, these should pertain to the principal amount as of that date which the parties pegged at P431,200.00 and the legal rate of interest thereon.

    "The foregoing should however be a good issue in another forum, not in the present case." 2

    Taking cue from the court order, the Sorianos withdrew their complaint and, on 16 October 1991, filed a case for novation and specific performance, docketed Civil Case No. 20047, before the Regional Trial Court, Branch 37, of Iloilo City. The case ultimately concluded with a finding made by the trial court in favor of herein respondents. On appeal to it, the Court of Appeals affirmed the judgment of the court a quo.

    The parties have submitted that the issue focuses on whether or not the amicable settlement entered into between the parties has novated the original obligation and also, as they would correctly suggest in their argument, on whether the proposed terms of the amicable settlement were carried out or have been rendered inefficacious.

    The "amicable settlement" read —

    "COME NOW plaintiffs and defendant Iloilo Traders Finance, Inc., assisted by their respective undersigned counsels and to this Honorable Court most respectfully submit the following Amicable Settlement, thus:jgc:chanrobles.com.ph

    "1. That the total of the two (2) accounts of plaintiff to herein defendant as of June 30, 1983 is Two Hundred Ninety Thousand Six Hundred Ninety One Pesos (P290,691.00) of which amount P10,691.00 shall be paid by plaintiffs to herein defendant at the time of the signing of this Amicable Settlement;

    "2. That to this amount of P290,691.00 shall be added P151,200.00 by way of interest for 36 months thus making a total of Four Hundred Thirty One Thousand Two Hundred Pesos (P431,200.00);

    "3. That this amount of P431,200.00 shall be paid by plaintiffs to herein defendant in 36 monthly installments as follows, the first installment at P12,005.00 shall be paid on or before August 16, 1983 and the 2nd to 36th installments at P11,977.00 shall be paid on the 15th day of each month thereafter until fully paid;

    "4. That the plaintiffs waive any claims, counterclaims, attorney’s fees or damages that they may have against herein defendants;

    "5. That should plaintiffs fail to comply with the terms of this Amicable Settlement the preliminary injunction issued in the case shall be immediately dissolved and the foreclosure and public auction sale of the properties of the plaintiffs subject of the mortgage to defendant shall immediately take place and the corresponding writ of execution shall issue from this Court;

    "6. That this Amicable Settlement is submitted as the basis for decision in this case.

    "WHEREFORE, it is respectfully prayed of this Honorable Court that the foregoing Amicable Settlement be approved." 3

    Novation may either be extinctive or modificatory, much being dependent on the nature of the change and the intention of the parties. Extinctive novation is nearer presumed; there must be an express intention to novate; 4 in cases where it is implied, the acts of the parties must clearly demonstrate their intent to dissolve the old obligation as the moving consideration for the emergence of the new one. 5 Implied novation necessitates that the incompatibility between the old and new obligation be total on every point such that the old obligation is completely superseded by the new one. The test of incompatibility is whether they can stand together, each one having an independent existence; if they cannot and are irreconcilable, the subsequent obligation would also extinguish the first.

    An extinctive novation would thus have the twin effects of, first, extinguishing an existing obligation and, second, creating a new one in its stead. This kind of novation presupposes a confluence of four essential requisites: (1) a previous valid obligation, (2) an agreement of all parties concerned to a new contract, (3) the extinguishment of the old obligation, and (4) the birth of a valid new obligation. 6 Novation is merely modificatory where the change brought about by any subsequent agreement is merely incidental to the main obligation (e.g., a change in interest rates 7 or an extension of time to pay 8); in this instance, the new agreement will not have the effect of extinguishing the first but would merely supplement it or supplant some but not all of its provisions.chanrob1es virtua1 1aw 1ibrary

    An amicable settlement or a compromise is a contract whereby the parties, by making reciprocal concessions, avoid a litigation or put an end to one already commenced. 9 It may be judicial or extrajudicial; the absence of court approval notwithstanding, 10 the agreement can become the source of rights and obligations of the parties.

    It would appear that the arrangement reached by the Soriano spouses and ITF would have the original obligation of respondent spouses on two promissory notes for the sums of P150,000.00 and P80,000.00, both secured by real estate mortgages, impliedly modified. The amicable settlement contained modificatory changes. Thus, (1) it increased the indebtedness of the Soriano spouses, merely due to accruing interest, from P290,691.00 to P431,200.00; (2) it extended the period of payment and provided for new terms of payment; and (3) it provided for a waiver of claims, counterclaims, attorney’s fees or damages that the debtor-spouses might have against their creditor, but the settlement neither cancelled, nor materially altered the usual clauses in the real estate mortgages, e.g., the foreclosure of the mortgaged property in case of default.

    Verily, the parties entered into the agreement basically to put an end to Civil Case No. 14007 then pending before the Regional Trial Court. 11 Concededly, the provisions of the settlement were beneficial to the respondent couple. The compromise extended the terms of payment and implicitly deferred the extrajudicial foreclosure of the mortgaged property. It was well to the interest of respondent spouses to ensure its judicial approval; instead, they went to ignore the order of the trial court and virtually failed to make any further appearance in court. This conduct on the part of respondent spouses gave petitioner the correct impression that the Sorianos did not intend to be bound by the compromise settlement, and its non-materialization negated the very purpose for which it was executed.

    Given the circumstances, the provisions of Article 2041 of the Civil Code come in point —

    "If one of the parties fails or refuses to abide by the compromise, the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand."cralaw virtua1aw library

    As so well put in Diongzon v. Court of Appeals, 12 a "supposed new agreement is deemed not to have taken effect where a debtor never complied with his undertaking." In such a case, the other party is given the option to enforce the provisions of the amicable settlement or to rescind it 13 and may insist upon the original demand without the necessity for a prior judicial declaration of rescission. 14

    WHEREFORE, the decision of the Court of Appeals in C.A. G.R. CV No. 46910, affirming that of the court a quo, is REVERSED and SET ASIDE, and another is entered dismissing the complaint in Civil Case No. 20047 before the Regional Trial Court, Branch 37, of Iloilo City. No costs.chanrob1es virtua1 1aw 1ibrary

    SO ORDERED.

    Davide, Jr., C.J., Ynares-Santiago, Carpio and Azcuna, JJ., concur.

    Endnotes:



    1. Rollo, pp. 45–46.

    2. Rollo, p. 47.

    3. Rollo, pp. 14–16.

    4. Reyes v. Court of Appeals, G.R. No. 120817, 04 November 1996, 264 SCRA 653.

    5. Fortune Motors (Phils.) Corp. v. CA, G.R. No. 112191, 07 February 1997, 267 SCRA 653.

    6. Quinto v. People, G.R. No. 126712, 14 April 1999, 305 SCRA 708.

    7. Bank of P.I. v. Abaladejo, No. 30490, 27 March 1929, 53 Phil. 14.

    8. Kabankalan Sugar Co. v. Pacheco, No. 33654, 29 December 1930, 55 Phil. 555.

    9. Civil Code, Article 2028.

    10. Judicial approval however is necessary in compromises entered into by guardians, parents, absentee’s representatives, and administrators or executors of decedent’s estates. (Article 2032, Civil Code)

    11. Paragraph 6 of the settlement is clear — "That this Amicable Settlement is submitted as a basis for the decision in this case."cralaw virtua1aw library

    12. 321 SCRA 477.

    13. Pasay City Government v. CFI of Manila, Br. X, L-32162, 28 September 1984, 132 SCRA 156.

    14. Leonor v. Sycip, L-14220, 29 April 1961, 1 SCRA 1215.

    G.R. No. 149683   June 16, 2003 - ILOILO TRADERS FINANCE INC. v. HEIRS OF OSCAR SORIANO JR., ET AL.


    Back to Home | Back to Main

     

    QUICK SEARCH

    cralaw

       

    cralaw



     
      Copyright © ChanRobles Publishing Company Disclaimer | E-mail Restrictions
    ChanRobles™ Virtual Law Library | chanrobles.com™
     
    RED