This case has been cited 2 times or more.
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2014-01-15 |
BERSAMIN, J. |
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| his expenses plus interests and the loan, and the remaining amount he turned over to the plaintiff. This testimony is an unequivocal acknowledgement from defendant that plaintiff and his co-heirs exercised their right to repurchase the property within the agreed period by satisfying all the conditions stipulated in the Deed of Sale with Assumption of Mortgage. Moreover, defendant returned to plaintiff the amount of Php2.8 Million from the total purchase price of Php10.0 Million. This only means that this is the excess amount pertaining to plaintiff and co-heirs after the defendant deducted the repurchase price of Php2.0 Million plus interests and his expenses. Add to that is the fact that defendant returned one of the trucks and trailers subject of the Deed of Sale with Assumption of Mortgage to the plaintiff. This is, at best, a tacit acknowledgement of the defendant that plaintiff and his co-heirs had in fact exercised their right to repurchase.[16] x x x Considering that the factual findings of the trial court, when affirmed by the CA, are binding on the Court,[17] the Court affirms the judgment of the CA upholding Eduardo's exercise of the right of repurchase. Roberto could no longer assail the factual | |||||
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2013-01-14 |
PERLAS-BERNABE, J. |
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| Thus, in order that a third person benefited by the second paragraph of Article 1311, referred to as a stipulation pour autrui, may demand its fulfillment, the following requisites must concur: (1) There is a stipulation in favor of a third person; (2) The stipulation is a part, not the whole, of the contract; (3) The contracting parties clearly and deliberately conferred a favor to the third person the favor is not merely incidental; (4) The favor is unconditional and uncompensated; (5) The third person communicated his or her acceptance of the favor before its revocation; and (6) The contracting parties do not represent, or are not authorized, by the third party.[22] However, none of the foregoing elements obtains in this case. | |||||