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Mun. of Hagonoy vs. T. evangelista

THE MUNICIPALITY OF HAGONOY, plaintiff-appellant, vs. TEOFILO EVANGELISTA, defendant-appellee.

G.R. No. 48289 | 1942-06-01

D E C I S I O N

BOCOBO, J:

This case commenced with a complaint filed by the Municipality of Hagonoy to enforce against the defendant a penal clause which forms a part of each of four contracts of lease of fishponds belonging to the plaintiff. Said penal clause provided that in case of nonfulfillment by the lessee, the latter would pay a surcharge (recargo) of 20 per cent. These four leases were originally granted to Jose Evangelista as the best bidder, for ten years from July 1, 1925 to June 30, 1935. These leases were transferred by Jose Evangelista to Josefa Evangelista on February 1, 1926 and October 26, 1927. Neither the original...