This case has been cited 2 times or more.
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2012-10-11 |
PERALTA, J. |
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| Respondent Herbal Cove Realty Corporation (respondent) engaged DP Architects Philippines to prepare architectural designs and RA&A Associates to provide engineering designs for its subdivision project known as "The Herbal Cove" located at Iruhin West, Tagaytay City. It likewise hired Building Energy Systems, Inc. (BESI) to provide management services for the construction and development of the project. On June 20, 1996, respondent and Atlantic Erectors, Inc. (petitioner) entered into a Construction Contract[5] whereby the latter agreed to undertake, accomplish and complete the entire works for the implementation of Construction Package A consisting of four (4) units of Townhouse B and 1 unit of Single Detached A1 of the project[6] for a total contract price of P15,726,745.19[7] which was later adjusted to P16,726,745.19 as a result of additional works.[8] Petitioner further agreed to finish and complete the works and deliver the same to respondent within a period of one hundred eighty (180) consecutive calendar days reckoned from the date indicated in the Notice to Proceed[9] to be issued to petitioner.[10] To secure the completion of the works within the time stipulated, petitioner agreed to pay respondent liquidated damages equivalent to one-tenth of one percent (1/10 of 1%) of the contract price per calendar day of delay until completion, delivery and acceptance of the said works by respondent to a maximum amount not to exceed ten percent (10%).[11] | |||||
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2005-05-16 |
AUSTRIA-MARTINEZ, J. |
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| In Atlantic Erectors, Inc. vs. Herbal Cove Realty Corp.,[28] we further held that resorting to lis pendens is not necessarily confined to cases that involve title to or possession of real property but also applies to suits seeking to establish a right to, or an equitable estate or interest in, a specific real property; or to enforce a lien, a charge or an encumbrance against it. We clarified however that the doctrine of lis pendens has no application to a proceeding in which the only object sought is the recovery of a money judgment, though the title or right of possession to property be incidentally affected. It is essential that the property be directly affected such as when the relief sought in the action or suit includes the recovery of possession, or the enforcement of a lien, or an adjudication between conflicting claims of title, possession, or the right of possession to specific property, or requiring its transfer or sale. Even if a party initially avails of a notice of lis pendens upon the filing of a case in court, such notice is rendered nugatory if the case turns out to be a purely personal action. In such event, the notice of lis pendens becomes functus officio.[29] | |||||