Professional Documents
Culture Documents
The obligations of the parties gave rise to Upon examination in the Makati Medical
reciprocal prestations, which arose from the Center, the attending physician diagnosed
same cause: the desire of both parties to Edmer with Dengue Fever Stage IV that was
enter into a share purchase agreement that already in its irreversible stage. Soon, after
would allow both parties to expand their Edmer died. Believing that Edmer’s death
respective airline operations in the was caused by the negligent and erroneous
Philippines and other neighboring countries. diagnosis of his doctors, the respondent
instituted an action for damages against
SJDH, and its physicians: Dr. Casumpang
and Dr. Sanga before the RTC of Makati.
Casumpang v. Cortejo
physician is an independent contractor.
RTC ruled in favor of the respondent and SJDH impliedly held out and clothed Dr.
held that the physicians were negligent. Casumpang with apparent authority leading
They also held that SJDH was solidarily the respondent to believe that he is an
liable for the damages. Upon appeal the the employee or agent of the hospital.
CA, the CA affirmed en toto the RTC’s
ruling. Hence, this petition. SJDH impliedly held out Dr. Casumpang,
not only as an accredited member of
Fortune Care, but also as a member of its
ISSUE: medical staff.
RATIO:
FACTS:
In a Resolution dated February 13, 1991, Whether or not there was a valid
the CA granted the Suico spouses an consignation.
additional period of 90 days from notice
within which to exercise their option to
purchase or redeem the disputed lots. Later, HELD:
they discovered that respondents mortgaged
Lots 506 and 514 with Republic Planters
Bank (RPB) as security for a loan, which,
NO
subsequently, became delinquent.
ISSUE:
Due to the failure of the parties to settle the
matter, respondent filed an action for sum of
money and damages before the Regional 1. Whether or not respondent incurred
Trial Court (RTC) of Makati City. In its delay in performing its obligation
complaint, respondent (plaintiff below) under the contract of sale
alleged that despite its repeated oral and
written demands, petitioner obstinately
refused to settle its obligations. Respondent
2. Whether or not petitioner validly
prayed that petitioner be ordered to pay for
rescinded said contract.
the value of the cylinder liners plus accrued
interest of P111,300 as of May 1991 and
additional interest of 14% per annum to be
HELD: primordial and “once the intention of
the parties has been ascertained,
that element is deemed as an
1. NO integral part of the contract as
2. NO though it has been originally
expressed in unequivocal terms.”
ISSUE:
The law does not relieve a party
from the consequences of a contract
1. Whether AMA is liable to pay six it entered into with all the required
months worth of rent as liquidated formalities. Courts have no power to
damages. ease the burden of obligations
2. Whether AMA remained liable for voluntarily assumed by parties, just
the rental arrears. because things did not turn out as
expected at the inception of the
HELD: contract. It must also be
emphasized that AMA is an entity
that has had significant business
1. YES experience, and is not a mere babe
2. NO in the woods.