This case has been cited 3 times or more.
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2009-09-29 |
PERALTA, J. |
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| Finally, in stating that the CA has no jurisdiction to lift the attachments while the money claims remain unpaid, petitioner Valdez relied on the ruling of this Court in Sonny Lo v. KJS Eco-Formwork System Phil., Inc.[33] | |||||
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2006-12-20 |
CALLEJO, SR., J. |
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| An assignment of credit is an agreement by virtue of which the owner of a credit, known as the assignor, by a legal cause, such as sale, dation in payment, exchange or donation, and without the consent of the debtor, transfers his credit and accessory rights to another, known as the assignee, who acquires the power to enforce it to the same extent as the assignor could enforce it against the debtor.[73] It may be in the form of sale, but at times it may constitute a dation in payment, such as when a debtor, in order to obtain a release from his debt, assigns to his creditor a credit he has against a third person.[74] | |||||
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2006-12-20 |
CALLEJO, SR., J. |
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| The requisites for dacion en pago are: (1) there must be a performance of the prestation in lieu of payment (animo solvendi) which may consist in the delivery of a corporeal thing or a real right or a credit against the third person; (2) there must be some difference between the prestation due and that which is given in substitution (aliud pro alio); and (3) there must be an agreement between the creditor and debtor that the obligation is immediately extinguished by reason of the performance of a prestation different from that due.[77] | |||||