Lawyerly

You're currently signed in as:
User

SPS. NORA SAGUID AND ROLANDO P. SAGUID v. SECURITY FINANCE

This case has been cited 7 times or more.

	GR No. 171736 2010-07-05	PENTACAPITAL INVESTMENT CORPORATION v. MAKILITO B. MAHINAY NACHURA, J.
To ascertain whether or not respondent is bound by the promissory notes, it must be established that all the elements of a contract of loan are present. Like any other contract, a contract of loan is subject to the rules governing the requisites and validity of contracts in general. It is elementary in this jurisdiction that what determines the validity of a contract, in general, is the presence of the following elements: (1) consent of the contracting parties; (2) object certain which is the subject matter of the contract; and (3) cause of the obligation which is established.[37]
	GR No. 179117 2010-02-03	NORTHWEST AIRLINES v. SPS. EDWARD J. HESHAN AND NELIA L. HESHAN AND DARA GANESSA L. HESHAN CARPIO MORALES, J.
Nonetheless, the petition is in part meritorious. There is a need to substantially reduce the moral damages awarded by the appellate court. While courts are given discretion to determine the amount of damages to be awarded, it is limited by the principle that the amount awarded should not be palpably and scandalously excessive.[34]
	GR NO. 160132 2009-04-17	NARANJA v. CA NACHURA, J.
The Deed of Sale which states "receipt of which in full I hereby acknowledge to my entire satisfaction" is an acknowledgment receipt in itself. Moreover, the presumption that a contract has sufficient consideration cannot be overthrown by a mere assertion that it has no consideration.[29]
	GR NO. 172446 2007-10-10	ALEXANDER “ALEX” MACASAET v. R. TRANSPORT CORPORATION TINGA, J.
However, with respect to the amount of damages, we differ from the award of the appellate court. Settled is the rule that actual damages must be proved with reasonable degree of certainty. A party is entitled only up to such compensation for the pecuniary loss that he has duly proven. It cannot be presumed. Absent proof of the amount of actual damages sustained, the court cannot rely on speculations, conjectures, or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have been suffered by the injured party and on the best obtainable evidence of the actual amount thereof.[35]
	GR No. 155868 2007-02-06	SPS. GREGORIO v. NGO YET TE AUSTRIA-MARTINEZ, J.
To merit an award of actual damages arising from a wrongful attachment, the attachment defendant must prove, with the best evidence obtainable, the fact of loss or injury suffered and the amount thereof.[58] Such loss or injury must be of the kind which is not only capable of proof but must actually be proved with a reasonable degree of certainty. As to its amount, the same must be measurable based on specific facts, and not on guesswork or speculation. [59] In particular, if the claim for actual damages covers unrealized profits, the amount of unrealized profits must be estalished and supported by independent evidence of the mean income of the business undertaking interrupted by the illegal seizure. [60]
	GR No. 170563 2006-12-20	SPS. PEDRO AND PAZ SURTIDA v. RURAL BANK OF MALINAO CALLEJO, SR., J.
petitioners that it has no consideration. To overcome the presumption of consideration, the alleged lack of consideration must be shown by preponderance of evidence.[34] Petitioners failed to discharge this burden.
	GR NO. 170563 2005-12-20	SPS. PEDRO AND PAZ SURTIDA v. RURAL BANK OF MALINAO PROMULGATED: CALLEJO, SR., J.
The presumption that a contract has sufficient consideration cannot be overthrown by the bare uncorroborated and self-serving assertion of petitioners that it has no consideration. To overcome the presumption of consideration, the alleged lack of consideration must be shown by preponderance of evidence.[34] Petitioners failed to discharge this burden.