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Law School Notes•Obligation and Contracts

Federation of United Namarco Distributors, Inc. vs. National Marketing Corporation

Law School Notes - Case Digest
May 16, 2021 by RedTint No Comments

No. L-17819. March 31, 1962.

FACTS

NAMARCO and the FEDERATION entered into a Contract of Sale for the importation of USD2M worth of controlled goods. Pursuant to the terms, Federation deposited 200,000.00 as partial payment. The new Board of Directors and General Manager of NAMARCO decided to discontinue compliance of the contract of sale. NAMARCO contends that the contract lacks the approval of that body; that it was not approved by the Auditor General; that the contract of sale is inconsistent with Resolution No. 530. The FEDERATION, filed a complaint to compel the latter to perform the Contract of Sale as to what was left after the aforementioned releases of nearly over one-half of the entire quantity of the commodities. After trial, the court rendered judgment obliging NAMARCO to specifically perform the contract of sale to plaintiff FEDERATION’, upon the payment of the procurement cost, plus 5% mark-up.

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Law School Notes•Obligation and Contracts

Rellosa vs. Gaw Chee Han

Law School Notes - Case Digest
May 15, 2021 by RedTint No Comments

No. L-1411. September 29, 1953

FACTS

On February 2, 1944, Dionisio Rellosa sold to Gaw Chee Hun a parcel of land, together with the  house erected thereon, for the sum of P25,000. The vendor remained in possession of the  property under a contract of lease entered into on the same date between the same parties. 

Rellosa instituted action seeking the annulment of the sale and the lease. The Petitioner  contends that the sale in question cannot have any validity under Seirei No. 6 in view of the  failure of respondent to obtain the requisite approval by the Japanese authorities. And Even if  said requirement were met, the sale would at all events be void under article XIII, section 5, of  our Constitution which provides that “no private agricultural land shall be transferred or  assigned except to individuals, corporations, or associations qualified to acquire or hold lands  of the public domain in the Philippines”. 

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Law School Notes•Obligation and Contracts

Secretary of the Department of Public Works and Highways vs. Tecson

Law School Notes - Case Digest
by RedTint No Comments

G.R. No. 179334. April 21, 2015

FACTS

In 1940, the Department of Public Works and Highways (DPWH) took respondents movants’ subject property without the benefit of expropriation proceedings for the construction  of the MacArthur Highway. In 1994, respondents-movants demanded the payment of the fair  market value of the subject parcel of land. DPWH, offered to pay for the subject land at the rate  of Seventy Centavos (P0.70) per square meter. Unsatisfied with the offer, respondents-movants  demanded the return of their property, or the payment of compensation at the current fair  market value. Hence, the complaint for recovery of possession with damages filed by  respondents-movants. 

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Law School Notes•Obligation and Contracts

Uson vs. Del Rosario, et al.

Law School Notes - Case Digest
by RedTint No Comments

No. L-4963. January 29, 1953

FACTS

This is an action for the recovery of the ownership and possession of five (5) parcels of land  situated in the municipality of Labrador, Province of Pangasinan, filed by Maria Uson against  Maria del Rosario and her four children. 

Maria Uson, plaintiff-appellee, the lawful wife of Faustino Nebreda, who upon his death in 1945  left the lands involved in this litigation. However, Maria del Rosario, a common law wife of the  late Faustino Nebreda took possession of the said lands. Del Rosario claimed that in 1931, Uson and the late Faustino, executed a public document whereby they agreed to separate as husband  and wife and, in consideration of their separation, Maria was given a parcel of land by way of  alimony and in return she renounced her right to inherit any other property that may be left by  her husband upon his death. Del Rosario also contends that her children are given the status  and rights of natural children and are entitled to the successional rights, and because these  successional rights were declared for the first time in the new code, they shall be given  retroactive effect. 

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algef.almocera

Sundate. #bagofbeans Sundate.
#bagofbeans
Uwian na. Uwian na.
Thank you for all the blessings. Thank you for all the blessings.
Thank you so much for all the greetings! Di na ako Thank you so much for all the greetings! Di na ako makakareply sa inyong lahat sa dami nyo but know that it’s much appreciated! 🥰
Home. Home.
#beachplease #laoagbeach #beachplease #laoagbeach
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#paoaychurch #philippines #morefuninph #paoaychurch #philippines #morefuninph
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