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reproduced hereunder:
CHICO-NAZARIO, J.: MEMORANDUM OF AGREEMENT
65976, dated 25 September 2003. Said Decision denied This MEMORANDUM OF AGREEMENT, executed this
the petitioners appeal from the decision of the Regional 28th day of February, 1995, by and between:
JOHN Y. CHAN, of legal age, single, and a resident of
Trial Court (RTC), La Union, Branch 31, in Civil Case
Aringay, La Union, now and hereinafter called the FIRST
No. A-1646.
PARTY;
The Facts GEN. ELY E. YORO, Jr., of legal age, married, and a
The antecedents of the instant case are quite simple. resident of Damortis, Sto. Tomas, La Union, hereinafter
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referred to as the SECOND PARTY:
1 Rollo, pp. 13-27.
2 Rollo, pp. 29-37; Penned by Associate Justice Juan Q. Enriquez, WITNESSETH that:
Jr. with Associate Justices Roberto A. Barrios and Arsenio J. Magpale,
concurring. WHEREAS, the FIRST PARTY is the owner of a parcel of
179 land located at Sta. Rita, Aringay, La Union.
VOL. 473, OCTOBER 14, 2005 179 WHEREAS, the FIRST PARTY, desires to dig a septic
Chan, Jr. vs. Iglesia ni Cristo, Inc. tank for its perusal in the property bordering Iglesia ni
Cristo.
The Aringay Shell Gasoline Station is owned by the
WHEREAS, the SECOND PARTY is willing to contract
petitioner. It is located in Sta. Rita East, Aringay, La the intended digging of septic tank for the first party.
Union, and bounded on the south by a chapel of the WHEREAS, the FIRST PARTY and SECOND PARTY
respondent. has (sic) agreed verbally as to the compensation of the said
The gasoline station supposedly needed additional digging of septic tank.
sewerage and septic tanks for its washrooms. In view of _______________
this, the services of Dioscoro Ely Yoro (Yoro), a retired
Rollo, pp. 44-45.
general of the Armed Forces of the Philippines, was
3
180
procured by petitioner, as the former was allegedly a 180 SUPREME COURT REPORTS ANNOTATED
construction contractor in the locality.
Chan, Jr. vs. Iglesia ni Cristo, Inc.
WHEREFORE, for and in consideration of the terms and hereby reserves the option to stop the digging at any
covenants hereinbelow set forth, the FIRST PARTY hereby stage thereof.
AGREES and ALLOWS the SECOND PARTY to undertake
the digging of the parcel of land for the exclusive purpose of IN WITNESS WHEREOF, We have hereunto set our
having a septic tank. hands on the day and year first above-written at Aringay, La
Union. 4
1. 6.In the event that valuable objects are found outside Yoro filed an Answer to the Third-Party
the property line during the said digging, the same Complaint dated 13 July 1995. An Amended and
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shall be divided among the parties as follows: Supplemental Complaint dated 30 August 1995 was
8
Ordering the two (2) aforesaid DEFENDANTS to pay Petitioner filed a Notice of Appeal dated 18 August
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PLAINTIFF the following amounts: 1999. Yoro filed his own Notice of Appeal dated 20 15
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August 1999.
5 Records, pp. 1-5. In a Resolution dated 19 November 1999, the trial
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6 Records, pp. 8-10. court disallowed Yoros appeal for failure to pay the
7 Records, pp. 35-37.
appellate court docket and other lawful fees within the
8 Records, pp. 53-56.
_______________
1. 1.SIX HUNDRED THIRTY-THREE 13 Records, pp. 430-432.
THOUSAND FIVE HUNDRED NINETY-FIVE 14 Records, pp. 440-441.
PESOS AND FIFTY CENTAVOS 15 Records, p. 442.
17 Rollo, p. 59.
DAMAGES; 18 Rollo, p. 60.
II
in Paragraph 4 of the MOA, which is again reproduced tortfeasors. There is solidary liability only when the
hereunder: obligation expressly so states, or when the law or the nature
4. Any damage within or outside the property of the FIRST of the obligation requires solidarity.
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PARTY incurred during the digging shall be borne by the We find no compelling reason to disturb this particular
SECOND PARTY. conclusion reached by the Court of Appeals. The issue,
In answer to this, the respondent asserts that the MOA therefore, must be ruled in the negative.
should not absolve petitioner from any liability. This Article 2176 of the New Civil Code provides:
written contract, according to the respondent, clearly ART. 2176.Whoever by act or omission causes damage to
shows that the intention of the parties therein was to another, there being fault or negligence, is obliged to pay for
search for hidden treasure. The alleged digging for a the damage done. Such fault or negligence, if there is no pre-
septic tank was just a existing contractual relation between the parties, is called a
_______________ quasi-delict and is governed by the provisions of this
Chapter.
Rollo, p. 19.
22
Based on this provision of law, the requisites of quasi-
Rollo, pp. 20-21.
23
delict are the following:
185 _______________
VOL. 473, OCTOBER 14, 2005 185
Chan, Jr. vs. Iglesia ni Cristo, Inc. 24 Rollo, p. 84.
Rollo, p. 87.
cover-up of their real intention. The aim of the
25
24
26 CA Rollo, pp. 72 and 148.
Yoro are jointly liable as they are joint tortfeasors. Coming now to the matter on damages, the
Verily, the responsibility of two or more persons who are respondent questions the drastic reduction of the
liable for a quasidelict is solidary. 28 exemplary damages awarded to it. It may be recalled
The heavy reliance of petitioner in paragraph 4 of the that the trial court awarded exemplary damages in the
MOA cited earlier cannot steer him clear of any amount of P10,000,000.00 but same was reduced by the
liability. Court of Appeals to P50,000.00.
As a general rule, joint tortfeasors are all the persons Exemplary or corrective damages are imposed by
who command, instigate, promote, encourage, advise, way of example or correction for the public good. In31
countenance, cooperate in, aid or abet the commission quasi-delicts, exemplary damages may be granted if the
of a tort, or who approve of it after it is done, if done for defendant acted with gross negligence. By gross
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