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Phil- Am Gen. Insurance Company, Inc. vs. Mutuc, et al.

THE PHILIPPINE AMERICAN GENERAL INSURANCE COMPANY, INC., plaintiff-appellee, vs. MANUEL MUTUC, DOROTEO Q. MOJICA, and FAUSTO S. ALBERTO, defendants, FAUSTO S. ALBERTO, defendant-appellant.

G.R. No. L-19632 | 1974-11-13

D E C I S I O N

FERNANDO, J:

There is an obstacle, rather formidable in character, that stands in the way of the plea of appellant Fausto S. Alberto, 1 to have this Court reverse a lower court decision of February 14, 1962, holding him liable on an indemnity agreement. As pointed out therein, the language of his undertaking is clear and unmistakable and, therefore, leaves no alternative for a court except to enforce its terms. The attempt to impugn such a judgment based on the ground that the stipulation relied upon is contrary to morals and to public order and policy, while vigorously pressed, is none too successful. Accordingly, we...