Documente Academic
Documente Profesional
Documente Cultură
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* SECOND DIVISION.
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the trial court. Consequently, it was the duty of the two branches of
the Regional Trial Court concerned to independently proceed with
the civil and criminal cases. It will also be observed that a final
judgment rendered in a civil action absolving the defendant from
civil liability is no bar to a criminal action.
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REGALADO, J.:
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1 Rollo, 86.
2 Ibid., 203.
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3 Ibid., 85.
4 Ibid., 78-84.
5 Ibid., 111-112.
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6 Ibid., 85-97.
7 Ibid., 94.
8 Article 1403 of the Civil Code pertinently provides that the following
contracts are unenforceable unless they are ratified:
1. Those entered into in the name of another person by one who had
been given no authority or legal representation, or who has acted
beyond his power.
2. Those that do not comply with the Statute of Frauds as set forth
in this number. In the following cases, an agreement hereafter
made shall be unenforceable by action, unless the same, or some
note or memorandum thereof, be in writing, and subscribed by
the party charged, or by his agent; evidence, therefore, of the
agreement cannot be received without the writing or a secondary
evidence of its contents:
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xxx
(b) A special promise to answer for the debt, default, or miscarriage of
another;
x x x.
9 Rollo, 97.
10 Justice Maximiano C. Asuncion as ponente, with the concurrence of
Justice Jesus M. Elbinias and Justice Ramon A. Barcelona of the
Eleventh Division of the Court of Appeals, affirmed the decision of the
trial court in a decision dated July 9, 1997; Rollo, 9-13.
11 The resolution was dated August 18, 1997; Rollo, 70-A.
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12
Luz).‰ In support of this contention, petitioners quoted
several letters sent to them by Brigida D. Luz wherein the
latter acknowledged her obligation to petitioners and
requested for more time to fulfill the same. They likewise
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12 Rollo, 33-40.
13 Ibid., 40.
14 Ibid., 40-41.
382
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15 Ibid., 12.
16 Toyota Shaw, Inc. vs. Court of Appeals, et al., G.R. No. 116650, May
23, 1995, 244 SCRA 320.
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17 Rollo, 128-131.
18 Ibid., 41.
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with irregularities
21
and badges of fraud perpetrated by its
court officers. They charge that said appellate court,
through conspiracy and fraud on the part of its officers,
gravely abused its discretion in issuing that resolution
denying their motion for reconsideration. They claim that
said resolution was drafted by the ponente, then signed and
issued by the members of the Eleventh Division of said
court within one and a half days from
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22 Ibid., 48.
23 Ibid., 9-13.
24 Ibid., 160-167.
25 Ibid., 178-182.
26 Ibid., 70-A.
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29
thereby. They proceed on the premise that the Statute of
Frauds applies only to executory contracts and not to
executed or to partially executed ones. From there, they
move on to claim that the contract involved in this case was
an executed contract as the items had already been
delivered by petitioners to Brigida D. Luz, hence, such
delivery resulted in the execution of the contract and
removed the same from the coverage of the Statute of
Frauds.
PetitionersÊ claim is speciously unmeritorious. It should
be emphasized that neither the trial court nor the appellate
court categorically stated that there was such a contractual
relation between these two respondents. The trial court
merely said that if there was such an agency existing
between them, the same is unenforceable as the contract
would fall under the Statute of Frauds which requires the
presentation of a note or memorandum thereof in order to
be enforceable in court. That was merely a preparatory
statement of a principle of law. What was finally proven as
a matter of fact is that there was no such contract between
Brigida D. Luz and Narciso Deganos, executed or partially
executed, and no delivery of any of the items subject of this
case was ever made to the former.
WHEREFORE, no error having been committed by the
Court of Appeals in affirming the judgment of the court a
quo, its challenged decision and resolution are hereby
AFFIRMED and the instant petition is DENIED, with
double costs against petitioners.
SO ORDERED.
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29 Rollo, 52.
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