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HEIRS OF SOFIA QUIRONG v. DEVELOPMENT BANK OF PHILIPPINES

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GR No. 188288
2012-01-16
SPS. FERNANDO v. CONTINENTAL AIRLINES
REYES, J.
In doing so, Spouses Viloria are actually asking for a rescission of the subject contracts based on contractual breach. Resolution, the action referred to in Article 1191, is based on the defendant's breach of faith, a violation of the reciprocity between the parties[37] and in Solar Harvest, Inc. v. Davao Corrugated Carton Corporation,[38] this Court ruled that a claim for a reimbursement in view of the other party's failure to comply with his obligations under the contract is one for rescission or resolution.