This case has been cited 3 times or more.
|
2006-08-31 |
CALLEJO, SR., J. |
||||
| On the second issue, the law is that if the terms of a contract are clear and leave no doubt upon the intention of the contracting parties, the literal meaning of its stipulations shall control.[59] When the language of the contract is explicit, leaving no doubt as to the intention of the drafters, the courts may not read into it any other intention that would contradict its plain import.[60] The clear terms of the contract should never be the subject matter of interpretation. Neither abstract justice nor the rule of liberal interpretation justifies the creation of a contract for the parties which they did not make themselves or the imposition upon one party to a contract or obligation not assumed simply or merely to avoid seeming hardships.[61] Their true meaning must be enforced, as it is to be presumed that the contracting parties know their scope and effects.[62] If the parties execute two or more separate writings covering a common transaction and subject matter, the writings should be read and interpreted together to render the parties' intention effective.[63] On the other hand, if the contract is ambiguous or the contracting parties offer conflicting claims on their intent, the trial court, at the first instance, has to ascertain the true intent of the parties, taking into account the contemporaneous and subsequent conduct, actions and words of the parties material to the case,[64] and pertinent facts having a tendency to fix and determine the real intent of the parties and undertaking shall be considered. It is the parties' intention which shall be accorded primordial consideration. The reasonableness of the result obtained, after analysis and construction of the contract/contracts, must also be carefully considered.[65] The ascertained intention of the parties is deemed an integral part of the contract, as though it had been originally expressed in unequivocal terms. The Court will enforce the true agreement of the parties even if the property in question has already been registered and a new transfer certificate of title is issued in the name of the transferee.[66] | |||||
|
2005-06-08 |
CALLEJO, SR., J. |
||||
| On the other hand, a lawyer must not neglect a legal matter entrusted to him. Like all professionals, he is expected to devise ways to follow the course of his cases and to keep his files updated.[38] As a member of the Bar, he is expected to exercise due diligence in the practice of his profession. Thus, every case a lawyer accepts deserves his full attention, diligence, skill and competence. He is mandated to exert his best efforts to protect, within the bounds of the law, the interest of his client with competence and diligence and he should never neglect a legal matter entrusted to him.[39] Moreover, a counsel is required to inquire, from time to time, and whenever necessary, about the status of handled cases, as well as motions filed for a client.[40] Upon the failure to do so, both counsel and client cannot be heard to complain that the latter's right to due process was violated. Indeed, the general rule is that the mistake and negligence of counsel is binding on the client. This is based on the rule that any act performed by the lawyer within the scope of the express or implied authority is regarded as an act of the client.[41] | |||||
|
2002-06-06 |
QUISUMBING, J. |
||||
| Ordinary human experience tells us that as between the debtor and the creditor, the former stands on more perilous ground than the latter, and the two do not stand on equal footing.[32] It is this inequality that deprives the debtor of any bargaining leverage. Eleuteria claims that it was out of pure generosity that she granted the loan without interest and it was petitioner who offered to pay an interest of 12 percent per annum.[33] She points to their long friendship as the consideration for this arrangement. We are unconvinced. The records reveal that the women had for a long time done business with each other. Esperanza frequents Eleuteria's pawnshop for jewelry transactions. However, there is nothing to show that they were close friends. What appears from the records is that Eleuteria knew Esperanza long enough to entrust her with a substantial amount of money but without any special consideration. In fact, respondents wanted to protect their investment such that they first required petitioners to have the title to the mortgaged property transferred to petitioners' name before concluding the loan transaction.[34] This would not appear to be the conduct of a trusting old friend. Private respondents even appointed themselves as receiver of the property in case of foreclosure. Evidently, theirs was a purely business deal. | |||||