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RP vs SSS

REPUBLIC OF THE PHILIPPINES, Represented by the SOCIAL SECURITY SYSTEM, Petitioner, JERRY V. DAVID, Respondent

G.R. No. 155634 | 2004-08-16

DECISION


PANGANIBAN, J.:



U

nder the terms of the subject Contract, "actual possession" cannot be equated with "actual occupancy." Inasmuch as the housing unit was physically occupied by parties other than those intended to be benefited by the housing program of the Social Security System, there was a clear violation of the Contract. Since respondent did not comply with his obligations, rescission is proper.



The Case



Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the October 9, 2002 Decision[2] of the Court of Appeals (CA) in CA-GR CV No. 61374. The appellate court disposed as follows:



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