This case has been cited 4 times or more.
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2011-09-14 |
MENDOZA, J. |
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| Valerio v. Refresca[13] is instructive on the matter of simulation of contracts: In absolute simulation,there is a colorable contract but it has no substance as the parties have no intention to be bound by it.The main characteristic of an absolute simulation is that the apparent contract is not really desired or intended to produce legal effect or in any way alter the juridical situation of the parties. As a result, an absolutely simulated or fictitious contract is void, and the parties may recover from each other what they may have given under the contract.However, if the parties state a false cause in the contract to conceal their real agreement, the contract is relatively simulated and the parties are still bound by their real agreement.Hence, where the essential requisites of a contract are present and the simulation refers only to the content or terms of the contract, the agreement is absolutely binding and enforceable between the parties and their successors in interest. | |||||
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2009-11-25 |
NACHURA, J. |
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| Simulation takes place when the parties do not really want the contract they have executed to produce the legal effects expressed by its wordings.[20] This Court's pronouncement in Valerio v. Refresca[21] is instructive -- | |||||
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2008-06-27 |
AUSTRIA-MARTINEZ, J. |
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| It is a cardinal rule in the interpretation of contracts that the intention of the parties shall be accorded primordial consideration.[29] Such intention is determined from the express terms of their agreement,[30] as well as their contemporaneous and subsequent acts.[31] When the parties do not intend to be bound at all, the contract is absolutely simulated; if the parties conceal their true agreement, then the contract is relatively simulated.[32] Characteristic of simulation is that the apparent contract is not really desired or intended to produce legal effects or in any way alter the juridical situation of the parties.[33] | |||||
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2008-06-27 |
AUSTRIA-MARTINEZ, J. |
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| It is a cardinal rule in the interpretation of contracts that the intention of the parties shall be accorded primordial consideration.[29] Such intention is determined from the express terms of their agreement,[30] as well as their contemporaneous and subsequent acts.[31] When the parties do not intend to be bound at all, the contract is absolutely simulated; if the parties conceal their true agreement, then the contract is relatively simulated.[32] Characteristic of simulation is that the apparent contract is not really desired or intended to produce legal effects or in any way alter the juridical situation of the parties.[33] | |||||