Wednesday, December 26, 2012

Conditional Judgment


Obviously, the language employed by the CA made the judgment conditional.  The return of the amount of P500,000.00 should not depend on the happening of a future event. Whether or not a loan is obtained by petitioners, respondents are liable to pay the amount of P500,000.00 as actual damages.  Thus, the dispositive portion of  the CA Decision should be  modified by ordering respondents to pay actual  damages in the amount of P500,000.00, without any condition (Albert M. Ching, et al. Vs. Felix M. Bantolo, et al., G.R. No. 177086. December 5, 2012).

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