Noble vs City of Manila, 67 Phil 1
Subject: Obligations and Contracts
FACTS
On October 18, 1926, Jose Syquia
and the City of Manila entered into a contract to construct a school building
with 20 compartments and that the City of Manila will lease the building from
Syquia for a period of not more than three years.
On April 13, 1927, the contract was
amended in part providing that Syquia will lease the building to the City of
Manila for a period of not more than three years with the rental amount of P30
per room, and the City of Manila shall lease to Syquia for the same period the
land of the City over which the building was built for P1.00 a month and the
City of Manila shall purchase the building within the 3-year period as
stipulated in the original contract provided that if the City of Manila failed
to buy it on the stipulated period, the period of the contract shall be
extended for the same period. With the conformity of the city, Syquia sold his
right, title and interest and participation in the said building to Lutgarda
Sandoval who later conveyed it to Vicente Noble for the same amount.
It was proposed by the then mayor
of the city, Tomas Earnshaw that the contract be amended and include the annual
renewal of the contract so as to comply with the rules of accounting, until the
building is purchased by the City of Manila in accordance with the original
contract. However, the City of Manila failed to pay the stipulated rent
corresponding to the month of February, 1934, and following, whereupon Vicente
Noble, on April 10, 1934, filed the complaint which gave rise to this case,
wherein he asks that the city be ordered to purchase the building for the price
of P46,600, with legal interest thereon from the filing of the complaint, and
to pay the rentals at the rate of P600 a month, corresponding to the month of
February, 1934 and following, until the purchase of the building is effected
and the price thereof paid.
The City of Manila, after some
admission and denial, noted that the lease of the building by the city be
rescinded and set aside and that the same be expropriated.
ISSUE
Whether or not rescission be
granted.
RULING
No, rescission should not be
granted.
Under the law (Art 1380, NCC),
contracts validly agreed upon may be rescinded in the cases established by law.
In this case, rescission should not
be granted. That the contract conferred more favors upon one party than upon
another is not a ground for rescission. Besides, even with the rentals already
paid, the purchase price cannot be considered excessive because the rentals, together
with the price, represented merely a reasonable profit. Even had the profit
been excessive, the excessiveness of the price is not a ground for rescission
because the only grounds for rescission are those enumerated by law.
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