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Eternal Gardens Memorial Park Corporation vs. Court of Appeals, et al.

ETERNAL GARDENS MEMORIAL PARK CORPORATION, petitioner vs. COURT OF APPEALS and NORTH PHILIPPINE UNION MISSION OF THE SEVENTH DAY ADVENTIST, respondents.

G.R. No. 124554 | 1997-12-09

D E C I S I O N


KAPUNAN, J.:

This case if the derivative of G.R. No. 73794, which was decided by the Second Division of this Court on September 19, 1988. 1

The antecedents are as follows: 2

Petitioner EGMPC and private respondent NPUM entered into a Land Development Agreement dated October 6, 1976. Under the agreement, EGMPC was to develop a parcel of land owned by NPUM into a memorial park subdivided into lots. The parties further agreed

(d) THAT the FIRST PARTY shall receive forty (40%) percent of the gross collection less Perpetual Care Fees (which in no case shall exceed 10% of the price per lot unless otherwise agreed upon by...