This case has been cited 1 times or more.
|
2015-01-14 |
LEONEN, J. |
||||
| Gotesco Properties v. Fajardo[175] categorically stated that Article 1385 is applicable to Article 1191: At this juncture, it is noteworthy to point out that rescission does not merely terminate the contract and release the parties from further obligations to each other, but abrogates the contract from its inception and restores the parties to their original positions as if no contract has been made. Consequently, mutual restitution, which entails the return of the benefits that each party may have received as a result of the contract, is thus required. To be sure, it has been settled that the effects of rescission as provided for in Article 1385 of the Code are equally applicable to cases under Article 1191, to wit: | |||||