8. Shopper Paradise vs. Roque.docx - 8 SHOPPER\u2019S PARADISE REALTY DEVELOPMENT CORPORATION vs ROQUE G.R No 148775 FACTS Petitioner Shopper\u2019s Paradise

8. Shopper Paradise vs. Roque.docx - 8 SHOPPERu2019S...

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8. SHOPPER’S PARADISE REALTY & DEVELOPMENT CORPORATION vs ROQUE G.R. No. 148775. January 13, 2004 FACTS : Petitioner Shopper’s Paradise Realty & Development Corporation, represented by its president, Veredigno Atienza, entered into a twenty-five year lease with Dr. Felipe C. Roque, now deceased, over a parcel of land in the name of Roque. Petitioner issued to Dr. Roque a check for P250,000.00 by way of “reservation payment.” Simultaneously, petitioner and Dr. Roque likewise entered into a memorandum of agreement for the construction, development and operation of a commercial building complex on the property. Conformably with the agreement, petitioner issued a check for another P250,000.00 “downpayment” to Dr. Roque. The contract of lease and the memorandum of agreement, both notarized, were never annotated on the Certificate of title because of the untimely demise of Roque. Roque’s death constrained petitioner to deal with respondent Efren P. Roque, one of the surviving children of the late Dr.
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