Remedies of Parties for Breach of Obligation and Enforcement of Rights

Rescission under Article 1191 Rescission or resolution refers to the cancellation of an reciprocal obligation. Rescission is a remedy granted by law to the contracting parties, and even to third persons, to secure the reparation of damages caused to them by a contract, even if the same should be valid, by means of the restoration… Continue reading Remedies of Parties for Breach of Obligation and Enforcement of Rights

National Power Corporation vs. Court of Appeals (1988)

Fortuitous Event Issue: Whether or not National Power Corporation (NPC) is liable for damages when it opened the spillway gates of the Angat Dam at the height of typhoon “Welming” causing an extraordinary large volume of water rushed out of the gates and hit the installations and construction works of Engineering Construction Inc. Facts: Engineering Construction… Continue reading National Power Corporation vs. Court of Appeals (1988)

Juan Nakpil & Sons v. Court of Appeals (1986)

Fortuitous Event Issue: Whether or not an act of God – an unusually strong earthquake – which caused the failure of the building, exempts from liability, parties who are otherwise liable because of their negligence. Facts: Philippine Bar Association (PBA) decided to construct an office building. The construction was undertaken by the United Construction Inc. (UCI) for which… Continue reading Juan Nakpil & Sons v. Court of Appeals (1986)

Sagrada Orden de Predicadores del Santismo Rosario Filipinas vs. National Coconut Corporation, 97 SCRA 503 (1952)

ISSUE:  Whether or not National Coconut Corporation has an obligation to pay rentals to Sagrada Orden for its occupation of the property belonging to the latter. FACTS: Sagrada Orden has the legal title on a piece of real property and the same is registered to it before the war. During the Japanese military occupation, the… Continue reading Sagrada Orden de Predicadores del Santismo Rosario Filipinas vs. National Coconut Corporation, 97 SCRA 503 (1952)