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PROCESO QUIROS v. MARCELO ARJONA

This case has been cited 2 times or more.

2007-07-04
AUSTRIA-MARTINEZ, J.
Reformation is a remedy in equity, whereby a written instrument is made or construed so as to express or conform to the real intention of the parties, where some error or mistake has been committed. In granting reformation, the remedy in equity is not making a new contract for the parties, but establishing and perpetuating the real contract between the parties which, under the technical rules of law, could not be enforced but for such reformation.[8]
2007-02-09
CALLEJO, SR., J.
In this case, the object of the contract is the 5,000-sq-m portion of Lot 261, Balanga Cadastre.  The failure of the parties to state its exact location in the contract is of no moment; this is a mere error occasioned by the parties' failure to describe with particularity the subject property, which does not indicate the absence of the principal object as to render the contract void.[52]  Since Camacho bound herself to deliver a portion of Lot 261 to Atty. Banzon, the description of the property subject of the contract is sufficient to validate the same.