Pleasantville Development Corporation v. CA et al.
G.R. No. 79688
February 1, 1996
PLEASANTVILLE DEVELOPMENT CORPORATION, petitioner, vs. COURT OF APPEALS, WILSON KEE, C.T. TORRES ENTERPRISES, INC. and ELDRED JARDINICO, respondents
Facts:
Edith Robillo purchased a land from Pleasantville Development Corporation, designated as Lot 9. In 1975, respondent Eldred Jardinico brought the rights of the lot from Robillo. During the purchase, the lot was empty. On March 26, 1974, Wilson Kee brought Lot No. 8 of the same subdivision from CT Torres Enterprises (CTTEI). One of CTTEI’s employees, Zenaida Octaviano, accompanied Kee and his wife to the site and mistakenly pointed to Lot 9 instead of Lot 8. Afterwards, Kee made improvements on Lot 9, constructing a residence, a store, etc. In the contract of sale on installment signed by Kee, it is provided that the vendee shall bear the expenses of whatever consequential change made in the property
Issue:
Did Kee waive his rights against recovering damages resulting from the company’s negligence by signing the contract?
Ruling:
No. Such waiver would be contrary to public policy and could not be allowed. Kee was a builder in good faith, honestly thinking that he was making improvements on his own property. Article 6 of the Civil Code provides that “rights may be waived unless the waiver is contrary to law, public, order, public policy, morals, or good customs or prejudicial to a third person with a right recognized by law.”
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