Professional Documents
Culture Documents
Digests - 2018 09 04
Digests - 2018 09 04
VIII.H
### Maglente v. Hon. Baltazar-Padilla
-X lessor, Y lessee w/ first refusal if sold. Y subleased to Z. X wants to sell to
Y but Z also wants to buy. Interpleader by X. Y won and moved for issuance of writ
of possession
-No. Execution of interpleader does not carry writ of possession.
IX. D Requisites
### Almeda vs Bathala
X lessor with Y. Contract provides, new assessment of land w/ new tax, shouldered
by X. Y then increased lease due to VAT. X contends cannot be due to VAT existing
already on signing of contract. X refused to pay new amount but paid old amount,
instituted declaratory relief for interpretation.
-Yes,Proper. X fulfilled obligations, no breach of contract or no civil case
resolved.
Reqs
-subject
-doubtful terms, require judicial construction
-no breach of documents in questions
-actual justiceable controversy
-issue for judicial determination
-no adequate relief available through other means