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Fort Bonifacio vs. Domingo PDF
Fort Bonifacio vs. Domingo PDF
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* THIRD DIVISION.
398
CHICO-NAZARIO,** J.:
Before this Court is a Petition for Review on Certiorari
under Rule 45 of the Revised Rules of Court, filed by
petitioner Fort Bonifacio Development Corporation,
seeking to reverse and set aside the Decision dated 19 July
20071 and the Resolution dated 10 December 20072 of the
Court of Appeals in CA-G.R. SP No. 97731. The appellate
court, in its assailed Decision, affirmed the Order3 of the
Regional Trial Court (RTC) of Pasay City, Branch 109, in
Civil Case No. 06-2000-CFM, denying the Motion to
Dismiss of petitioner; and in its assailed Resolution,
refused to reconsider its decision.
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** Acting Chairperson.
1Penned by Associate Justice Josefina Guevara-Salonga with Associate
Justices Vicente Q. Roxas and Ramon A. Garcia, concurring. Rollo, pp.
104-114.
2Id., at p. 116.
3Penned by Judge Tingaraan U. Guling; Rollo, pp. 234-235.
399
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8Id., at p. 98.
403
404
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9Serdoncillo v. Benolirao, 358 Phil. 83, 95; 297 SCRA 448, 458-459
(1998).
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11Art. 1311. Contracts take effect only between the parties, their
assigns and heirs, except in cases where the rights and obligations arising
from the contract are not transmissible by their nature, or by stipulation
or by provision of law. The heir is not liable beyond the value of the
property he received from the decedent.
If a contract should contain some stipulation in favor of a third person,
he may demand its fulfillment provided he communicated his acceptance
to the obligor before its revocation. A mere incidental benefit or interest of
a person is not sufficient. The contracting parties must have clearly and
deliberately conferred a favor upon a third person.
12 Second paragraph, Section 4 of Executive Order No. 1008.
407
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*** Per Special Order No. 564, dated 12 February 2009, signed by Chief
Justice Reynato S. Puno designating Associate Justice Leonardo A.
Quisumbing to replace Associate Justice Consuelo Ynares-Santiago, who
is on official leave under the Court’s Wellness Program.
**** Per Special Order No. 568, dated 12 February 2009, signed by
Chief Justice Reynato S. Puno designating Associate Justice Antonio T.
Carpio to replace Associate Justice Ma. Alicia Austria-Martinez, who is on
official leave under the Court’s Wellness Program.