This case has been cited 4 times or more.
|
2009-12-04 |
CARPIO, J. |
||||
| It is understood that the Government reserves the right to reject any or all of the tenders. (Emphasis supplied) Under the Compromise Agreement, PNCC shall dispose of substantial parcels of land, by way of dacion en pago, in favor of Radstock. Citing Uy v. Sandiganbayan,[79] PNCC argues that a dacion en pago is an exception to the requirement of a public bidding. | |||||
|
2009-09-17 |
VELASCO JR., J. |
||||
| [27] Uy v. Sandiganbayan, G.R. No. 111544, July 6, 2004, 433 SCRA 424, 431. | |||||
|
2009-07-31 |
NACHURA, J. |
||||
| Dacion en pago is the delivery and transmission of ownership of a thing by the debtor to the creditor as an accepted equivalent of the performance of the obligation. It is a special mode of payment where the debtor offers another thing to the creditor, who accepts it as an equivalent of the payment of an outstanding debt. In its modern concept, what actually takes place in dacion en pago is an objective novation of the obligation where the thing offered as an accepted equivalent of the performance of an obligation is considered as the object of the contract of sale, while the debt is considered as the purchase price.[62] | |||||
|
2007-12-20 |
TINGA, J, |
||||
| Besides, the mere fact that the Rehabilitation Plan proposes a dacion en pago approach does not render it defective on the ground of impairment of the right to contract. Dacion en pago is a special mode of payment where the debtor offers another thing to the creditor who accepts it as equivalent of payment of an outstanding debt.[37] The undertaking really partakes in a sense of the nature of sale, that is, the creditor is really buying the thing or property of the debtor, the payment for which is to be charged against the debtor's debt. As such, the essential elements of a contract of sale, namely; consent, object certain, and cause or consideration must be present.[38] Being a form of contract, the dacion en pago agreement cannot be perfected without the consent of the parties involved. | |||||