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Eds Manufacturing, Inc. Vs. Healthcheck International Inc. [Concurring Opinion J. Leonen]

EDS MANUFACTURING, INC., Petitioner, vs. HEALTHCHECK INTERNATIONAL INC., Respondent, [Concurring Opinion J. Leonen]

G.R. No. 162802 | 2013-10-09

THIRD DIVISION

CONCURRING OPINION

LEONEN, J.:

I agree that Healthcheck International, Inc.'s violation of its contract with Eels Manufacturing, Inc. is substantial. Its violation is enough ground for Eels Manufacturing, Inc. to resolve (or rescind) the contract in accordance with Article 1191 of the Civi I Code.

Our jurisprudence, however, is replete with rulings clarifying when the resolving party needs to obtain a judicial decree of resolution.

Indeed, We have held that the right to resolve under Article 1191 or the Civil Code must be invoked judicially.' Even if there is a stipulation in the contract that makes...