This case has been cited 4 times or more.
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2015-12-07 |
PEREZ, J. |
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| In view of the foregoing, we affirm the finding of the Trial Court that there is a perfected joint venture agreement between the parties for the development of the Subject Property. Therefore, the said perfected joint venture agreement still stands. In this jurisdiction, obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith.[18] | |||||
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2015-06-17 |
PERALTA, J. |
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| Indeed, the freedom to contract is not absolute. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.[39] When the conditions in a contract manifest an effective circumvention of existing law and jurisprudence, it is incumbent upon the courts to construe the same in accordance with its ultimate spirit and intent. | |||||
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2013-02-06 |
BRION, J. |
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| Second, we find that the petitioner changed the theory of his case. The petitioner argued before the lower courts that an express trust exists between PALII as the trustee and the HEIRS as the trustor-beneficiary.[21] The petitioner now asserts that the express trust exists between PALII as the trustor and UCPB as the trustee, with the HEIRS as the beneficiaries.[22] At this stage of the case, such change of theory is simply not allowed as it violates basic rules of fair play, justice and due process. Our rulings are clear - "a party who deliberately adopts a certain theory upon which the case was decided by the lower court will not be permitted to change [it] on appeal";[23]otherwise, the lower courts will effectively be deprived of the opportunity to decide the merits of the case fairly.[24] Besides, courts of justice are devoid of jurisdiction to resolve a question not in issue.[25] For these reasons, the petition must fail. Independently of these, the petition must still be denied. | |||||
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2012-10-11 |
MENDOZA, J. |
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| It is basic that a contract is the law between the parties. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. Unless the stipulations in a contract are contrary to law, morals, good customs, public order or public policy, the same are binding as between the parties.[20] The Court quotes with approval the ruling of the CA on this matter, to wit: Indeed, the terms and conditions between the parties unequivocally expressed in the Addendum must govern their contractual relations for these serve as the terms of the agreement, which are binding and conclusive on them. | |||||