Saturday, February 22, 2025
Wednesday, January 22, 2025
Tuesday, January 21, 2025
Guzman, Bocaling Vs. Bonnevie March 2, 1992
Facts:
Africa Valdez de Reynoso, the administratrix of a parcel of land leased it to the Bonnevies for P4,000 per month with a stipulation that the Bonnevies will be given first priority to purchase the land should Reynoso decide to sell it. According to Reynoso, she notified the Bonnevies via registered mail on Nov 3, 1976 her intention to sell the property for P600K, giving them 30 days to exercise their right, which she failed to prove. The Bonnevies alleged that they didn’t receive any letter. Reynoso sold the land to Guzman, Bocaling and Co. for P400K. The Bonnevies filed an action for annulment of the sale, and that Reynoso be required to sell the property to them which CFI granted and CA affirmed.
Issue:
Whether or not the contract is voidable.
Held:
The CA correctly held that the Contract of Sale was not voidable but Rescissible. Under Art. 1380 to 1381 (3) of the Civil Code, a contract otherwise valid may nonetheless be subsequently rescinded by reason of injury to third persons like creditors. The status of creditors could be validly accorded the Bonnevies for they had substantial interests that were prejudiced by the sale of the subject property to the petitioner without recognizing their right of first priority under the Contract of Lease.
According to Tolentino, rescission is a remedy granted by law to the contracting parties and even to third persons, to secure reparation for damages caused to them by a contract, even if this should be valid, by means of the restoration of things to their condition at the moment prior to the celebration of said contract. It is a relief allowed for the protection of one of the contracting parties and even third persons from all injury and damage the contract may cause, or to protect some incompatible and preferent right created by the contract. Rescission implies a contract which, even if initially valid, produces a lesion or pecuniary damage to someone that justifies its invalidation for reasons of equity.
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CASES COVERED BY KATARUNGANG PAMBARANGAY
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES (ARTICLE. 154);
ALARMS AND SCANDALS (ARTICLE. 155);
USING FALSE CERTIFICATES (ARTICLE. 175);
USING FICTITIOUS NAMES AND CONCEALING TRUE NAMES (ARTICLE. 178);
ILLEGAL USE OF UNIFORMS AND INSIGNIAS (ARTICLE. 179);
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY (ARTICLE. 252);
GIVING ASSISTANCE TO CONSUMMATED SUICIDE (ARTICLE. 253);
RESPONSIBILITY OF PARTICIPANTS IN A DUEL IF ONLY PHYSICAL INJURIES ARE INFLICTED OR NO PHYSICAL INJURIES HAVE BEEN INFLICTED (ARTICLE. 260);
LESS SERIOUS PHYSICAL INJURIES (ARTICLE. 265);
SLIGHT PHYSICAL INJURIES AND MALTREATMENT (ARTICLE. 266);
UNLAWFUL ARREST (ARTICLE. 269);
INDUCING A MINOR TO ABANDON HIS/HER HOME (ARTICLE. 271);
ABANDONMENT OF A PERSON IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM (ARTICLE. 275);
ABANDONING A MINOR (A CHILD UNDER SEVEN [7] YEARS OLD) (ARTICLE. 276);
ABANDONMENT OF A MINOR BY PERONS ENTRUSTED WITH HIS/HER CUSTODY; INDIFFERENCE OF PARENTS (ARTICLE. 277);
QUALIFIED TRESSPASS TO DWELLING (WITHOUT THE USE OF VIOLENCE AND INTIMIDATION). (ARTICLE. 280);
OTHER FORMS OF TRESSPASS (ARTICLE. 281);
LIGHT THREATS (ARTICLE. 283);
OTHER LIGHT THREATS (ART. 285); X GRAVE COERCION (ARTICLE. 286);
LIGHT COERCION (ARTICLE. 287);
OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS). (ARTICLE. 288);
FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS (ARTICLE. 289);
DISCOVERING SECRETS THROUGH SEIZURE AND CORRESPONDENCE (ARTICLE. 290);
REVEALING SECRETS WITH ABUSE OF AUTHORITY (ARTICLE. 291);
THEFT (IF THE VALUE OF THE PROPERTY STOLEN DOES NOT EXCEED P50.00). (ARTICLE. 309);
QUALIFIED THEFT (IF THE AMOUNT DOES NOT EXCEED P500). (ARTICLE. 310);
OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY (ARTICLE 312);
ALTERING BOUNDARIES OR LANDMARKS (ARTICLE. 313);
SWINDLING OR ESTAFA (IF THE AMOUNT DOES NOT EXCEED P200.00) (ARTICLE. 315);
OTHER FORMS OF SWINDLING (ARTICLE. 316);
SWINDLING A MINOR (ARTICLE. 317);
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Sunday, January 12, 2025
Rule on Advertisements
General Rule:
No advertisements allowed.
The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust. Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other self-laudation.
Exceptions or Permissible advertisements:
1. Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed.
2. Ordinary simple professional Card. It may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and the special branch of law practiced.
3. A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable.
4. Advertisements or simple announcement of the existence of a lawyer or his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings.
5. Advertisements or announcement in any legal publication, including books, journals, and legal magazines.
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