*
G.R. No. 172268. October 10, 2007.
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* THIRD DIVISION.
490
490 SUPREME COURT REPORTS ANNOTATED
A & C Minimart Corporation vs. Villareal
CHICO-NAZARIO, J.:
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491
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5 Id., at p. 100.
6 Id., at pp. 100-101.
492
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493
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12 Id., at p. 65.
13 Id., at pp. 55-58.
14 Section 8. Appeals from orders dismissing case without trial; lack of
jurisdiction.—If an appeal is taken from an order of the lower court
dismissing the case without a trial on the merits, the Regional Trial Court
may affirm or reverse it, as the case may be. In case of affirmance and the
ground of dismissal is lack of jurisdiction over the subject matter, the
Regional Trial Court, if it has jurisdiction thereover, shall try the case on
the merits as if the case was originally filed with it.
In case of reversal, the case shall be remanded for further proceedings.
494
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If the case was tried on the merits by the lower court without
jurisdiction over the subject matter, the Regional Trial Court on appeal
shall not dismiss the case if it has original jurisdiction thereof, but shall
decide the case in accordance with the preceding section, without
prejudice to the admission of amended pleadings and additional evidence
in the interest of justice.
495
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15 Rollo, p. 61.
496
“g) To pay the LESSOR three (3%) percent interest per month on
the total amount of rental and other charges not paid on time
under this contract with said amount accruing 18
automatically
upon default without necessity of any demand.”
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16 Id., at p. 66.
17 Id., at p. 43.
18 Id., at p. 44.
19 Id., at pp. 90-93.
497
II
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20 Id., at p. 48.
498
III
IV
499
500
22
22
action may arise therefrom. This is provided for in Article
1311 of the Civil Code:
“Article 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case 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.”
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22 Salonga v. Warner, Barnes & Co., Ltd., 88 Phil. 125, 129 (1951); and
E.Macias & Co. v. Warner, Barnes & Co., 43 Phil. 155, 162 (1922).
501
“Art. 2142. Certain lawful, voluntary and unilateral acts give rise
to the juridical relation of quasi-contract to the end that no one
shall be unjustly enriched or benefited at the expense of another.”
——o0o——
503