This case has been cited 3 times or more.
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2015-12-09 |
PERLAS-BERNABE, J. |
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| "More accurately referred to as resolution, the right of rescission under Article 1191 is predicated on a breach of faith that violates the reciprocity between the parties to the contract. This retaliatory remedy is given to the contracting party who suffers the injurious breach on the premise that it is 'unjust that a party be held bound to fulfill his promises when the other violates his.'"[25] Note that the rescission (or resolution) of a contract will not be permitted for a slight or casual breach, but only for such substantial and fundamental violations as would defeat the very object of the parties in making the agreement.[26] Ultimately, the question of whether a breach of contract is substantial depends upon the attending circumstances.[27] | |||||
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2015-04-22 |
DEL CASTILLO, J. |
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| We affirm the CA's award as well as its basis in granting attorney's fees in favor of Sanchez. "An award of attorney's fees is proper if one was forced to litigate and incur expenses to protect one's rights and interest by reason of an unjustified act or omission on the part of the party from whom the award is sought."[39] This is clearly obtaining in this case. | |||||
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2014-01-13 |
PEREZ, J. |
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| which pegged the interest rate at 6% regardless of the source of obligation. We likewise affirm the award of attorney's fees because respondents were forced to litigate for 14 years and incur expenses to protect their rights and interest by reason of the unjustified act on the part of petitioners.[18] The imposition of P10,000.00 | |||||