This case has been cited 1 times or more.
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2003-02-14 |
CARPIO, J. |
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| "While it may be conceded that private respondent was allowed to continue operating the porterage service after the expiration of the contract as the above letter shows, there is no question, however, that private respondent was only allowed to operate up to a certain time, specified therein as "until further notice from us." Indeed, there is nothing in said letter to indicate that private respondent has until forever to operate the porterage service as private respondent would like to make it appear. The fact that the authority to continue the porterage service was specified up to a certain period is a clear indication that petitioner did not intend to allow private respondent to operate the porterage service for as long as it pleases. Perforce, it limited such privilege to a certain period or until further notice. x x x"[26] Where the terms of a contract are clear, leaving no doubt on the intention of the contracting parties, the Court has held that the literal meaning of the stipulations shall control.[27] The phrase "until further notice" prescribed a limit to the extension of the contract conditioned on a future event, specifically, the receipt by K Services of notice of termination from MIAA. In effect, the phrase provided a resolutory facultative condition.[28] It should be noted that "until" is a "word of limitation, used ordinarily to restrict that which precedes to what immediately follows it, and its office is to fix some point of time or some event upon the arrival or occurrence of which what precedes will cease to exist."[29] | |||||