Law Is Love

FACTS: Petitioner and respondent Luzon Hydro Corporation entered into a Turnkey Contract whereby petitioner undertook to construct a hydro-electric power station at the Bakun River. To secure performance of petitioner's obligation on time, petitioner opened in favor of LHC two standby letters of credit. In the course of the construction of the project, petitioner sought various extensions of time to complete the Project. LHC denied the requests, however. This gave rise to a series of legal actions between the parties which culminated in the instant petition. As petitioner had anticipated the LHC sent notice to petitioner that pursuant to the contract, it failed to comply with its obligation to complete the Project. Both banks informed petitioner that they would pay on the Securities if and when LHC calls on them. LHC asserted that additional extension of time would not be warranted. At the same time, LHC served notice that it would call on the securities for the payment o...

FACTS: Respondent Hermana Realty placed an option to purchase one condominium unit in Fil-Estate Properties’ West Tower Condominium Corporation. FEPI and HRI then executed a contract to sell the unit for ₱20,998,400. Following HRI's full payment, FEPI executed an undated and unnotarized Deed of Absolute Sale in favor of HRI pending the latter's transmittal to the former of the amount for payment of the Documentary Stamp Tax and other taxes on the sale and a final agreement with the Makati City Assessor's Office on the valuation cost of the common areas and individual units of the condominium building for real estate taxation purposes. HRI asserted though that upon full payment of the purchase price, it became rightfully entitled to the execution of an absolute deed of sale in its favor and delivery of the owner's duplicate copy of the Condominium Certificate of Title.   ISSUE: Is payment of the DST and other local taxes a condition precedent to FEPI's ex...

FACTS: Respondents Spouses Joseph and petitioner Eliseo Joseph entered into an Agreement to Sell of the subject property for P225,000.00, with petitioner making a downpayment upon the signing of the contract and the balance shall be paid by petitioner within one year from and after the execution of the contract. According to petitioner, he was able to fully pay the agreed consideration of the subject property. Petitioner filed a complaint for specific performance against respondents praying that they be ordered to execute a final deed of absolute sale. Respondents claimed that in addition to the purchase price of P225,000, the parties also agreed for petitioner to pay them an additional amount of P30,000 before a Deed of Absolute Sale may be executed in favor of petitioner. The RTC ruled in favor of respondents. The CA denied petitioner's appeal.   ISSUE: Whether the amendment of the contract is valid   RULING: YES. It bears noting that the Agreement to ...

FACTS: Petitioners' father, Vicentico Nufiez, was the original owner of Lot No. 2159-A located in Capiz with TCT No. T-16612. In May 1992, Vicentico borrowed P30,000 from Rosita Moises and as security, executed a real estate mortgage over his property. Since Rosita had no money, the funds came from Norma Moises-Palma, Rosita's daughter. According to petitioners, the loan was subsequently paid as evidenced by an Affidavit Authorizing Release of Mortgage. Upon Vicentico's and Placida's deaths, the subject lot was transmitted to their heirs. On June 28, 1995, Norma was able to have all petitioners, except Alden, sign a   Deed of Adjudication and Sale wherein petitioners purportedly sold to Norma their in the subject lot for P50,000. After the execution of the DAS, Norma immediately took possession of the subject lot. Instead of paying cash, Norma executed a Promissory Note on July 1, 1995. Upon prodding of petitioners, Norma executed an Acknowledgment of Debt. De...

FACTS: GSIS was the owner of Kanlaon Tower II (now Chanelay Towers) situated at Roxas Blvd., Pasay City. It invited interested parties to submit proposals for the property's renovation, improvement and eventual sale of its 108 unsold units. After public bidding and evaluation of proposals, GSIS awarded the contract to CDC. Thus, on June 16, 1995, GSIS entered into a JVA with CDC. Under the JVA, CDC shall renovate the building and sell the unsold units at its own expense. Under paragraph 4.02 of the JVA, CDC would pay ₱180,300,000 to GSIS regardless of actual sales receipt, plus 71% of the proceeds in the sale of units in the building. Renovations began in late 1995. Though not covered by the JVA, CDC caused the construction of 21 additional units on the ground, 10th and 11th floors, and reapportioned 50 parking slots at the basement parking. These additional improvements were titled in CDC's name. CDC completed its renovation and started marketing the condominium units in e...

FACTS: In June 1979, petitioner Colito Pajuyo paid ₱400 to a certain Pedro Perez for the rights over a 250-square meter lot in Quezon City. Pajuyo then constructed a house on the lot. Pajuyo and his family lived in the house from 1979 to 7 December 1985. On 8 December 1985, Pajuyo and private respondent Eddie Guevarra executed a  Kasunduan . Pajuyo, as owner of the house, allowed Guevarra to live in the house for free provided Guevarra would maintain the cleanliness and orderliness of the house. Guevarra promised that he would voluntarily vacate the premises on Pajuyo’s demand. In September 1994, Pajuyo informed Guevarra of his need of the house and demanded that Guevarra vacate the house. Guevarra refused. Pajuyo filed an ejectment case against Guevarra with the MTC. In his Answer, Guevarra claimed that Pajuyo had no valid title or right of possession over the lot where the house stands because the lot is within the 150 hectares set aside by Proclamation No. 137 for soci...

FACTS: On May 6, 1999, three Informations were filed before the SBN, charging Petitioners Ernesto Matuday and Sixto Bayas with violation of Section 3(e) of RA No. 3019, as amended; and two counts of malversation through falsification penalized under Article 217, in relation to Article 171, of the Revised Penal Code. They were charged in their capacities as municipal mayor and municipal treasurer, respectively, of the Municipality of Kabayan. During their arraignment on September 21, 1999, petitioners pled "not guilty." The pretrial conference scheduled on October 15, 1999 was cancelled and reset to November 5, 1999, because the counsel for the accused, Atty. Jose Molintas, was not prepared. On November 5, 1999, the pretrial was again cancelled because of the absence of Atty. Molintas, who was allegedly "suffering from the flu." Nonetheless, the Sandiganbayan urged the accused to discuss with their counsel the stipulation of facts drafted by Ombudsman Prosecutor ...