Petitioner
Jose Palacios
Respondent
The Municipality of Cavite
Citation
G.R. No. 1598
Court
Supreme Court En Banc
Division
En Banc
Ponente
Torres, J.
Decided
November 30, 1908

Summary

This 1908 Supreme Court case involved a breach of contract dispute between Jose Palacios, representing Sociedad de Electricidad en Comandita, and the Municipality of Cavite over a public lighting contract. The parties agreed to install 200 electric lamps, but the municipality refused to allow installation of 130 lamps after only 70 were installed, citing lack of funds. The Supreme Court affirmed the trial court's decision, ruling that the municipality's non-compliance violated the contract and that lack of funds was no excuse. Applying Civil Code provisions on penal clauses, the Court ordered the municipality to pay damages and deliver installation materials to the company. The case established that contractual obligations must be fulfilled regardless of financial constraints, and that penal clauses substitute for damage indemnification when contracts are breached.

Statutes applied

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By Intellegal Editorial Board · November 30, 1908

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