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DBP v. CA
DBP v. CA
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______________________
*
FIRST DIVISION.
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this Court in some cases, estoppel cannot give validity to an act that
is prohibited by law or against public policy. Hence, the
appropriation of the leasehold rights, being contrary to Article 2088
of the Civil Code and to public policy, cannot be deemed validated
by estoppel.
Damages; A court cannot rely on speculations, conjectures, or
guesswork as to the fact and amount of damages, but must depend
upon competent proof that they have been suffered by the injured
party and on the best obtainable evidence of the actual amount
thereof.Actual or compensatory damages cannot be presumed, but
must be proved with reasonable degree of certainty. A court cannot
rely on speculations, conjectures, or guesswork as to the fact and
amount of damages, but must depend upon competent proof that
they have been suffered by the injured party and on the best
obtainable evidence of the actual amount thereof. It must point out
specific facts which could afford a basis for measuring whatever
compensatory or actual damages are borne.
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OR, 168-170.
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law.
The trial court also declared invalid condition No. 12 of
the Assignment of Leasehold Rights for being a clear case
of pactum commissorium expressly prohibited and declared
null and void by Article 2088 of the Civil Code. It then
concluded that since DBP never acquired lawful ownership
of CUBAs
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the
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AND
SEVENTY-FIVE
CENTAVOS
(P1,532,610.75)
representing the amounts paid by defendant Agripina
Caperal to defendant Development Bank of the Philippines
under their Deed of Conditional Sale.
Lagamon, JJ., concurring. Rollo, G.R. No. 118342, 21-41; Rollo, G.R. No.
118367, 33-53.
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Rollo, G.R. No. 118342, 43; Rollo, G.R. No. 118367f, 55.
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In Peoples Bank & Trust Co. vs. Odom, this Court had the
occasion to rule that an assignment to guarantee an
obligation is in effect a mortgage.
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with authority,
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TOLENTINO,
ARTURO
M.,
COMMENTARIES
&
JURISPRUDENCE ON THE CIVIL CODE OF THE PHILIPPINES, 536537 [1992] citing Uy Tong v. Court of Appeals, 161 SCRA 383 [1988].
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SCRA 1166, 1170 [1961]; Hian v. Court of Tax Appeals, 59 SCRA 110, 124
[1974].
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People v. Rosario, 246 SCRA 658 [1995]; Del Rosario v. Court of Appeals,
supra note 16; Sumalpong v. Court of Appeals, G.R. No. 123404, 26
February 1997.
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she declared:
1. That from February to May 1978, I was then seriously ill in
Manila and within the same period I neglected the management
and supervision of the cultivation and harvest of the produce of the
aforesaid fishpond thereby resulting to the irreparable loss in the
produce of the same in the amount of about P500,000.00 to my great
damage and prejudice due to fraudulent acts of some of my fishpond
workers.
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