While this Court in Purganan limited the exercise of the right to bail to criminal proceedings, however, in light of the various international treaties giving recognition and protection to human rights, particularly the right to life and liberty, a reexamination of this Court’s ruling in Purganan is in order.
On the allegation that the delivery receipts and sales invoices are in the nature of contracts of adhesion, the Court has repeatedly held that contracts of adhesion are as binding as ordinary contracts.
Citibank, in its attempt to evade liability, invokes paragraphs 7 and 15 of the terms and conditions governing the issuance of its Mastercard which read:
The vexation to the courts in this case is evident. There is a high risk of conflict between the decisions of the RTC Branches 58 and 60 regarding their respective civil cases.
CEBU, Philippines—Clark Development Corporation vs. Mondragon Leisure and Resorts Corporation, et al., G.R. No. 150986, March 2, 2007 - The Compromise Agreement between petitioner and Mondragon supplanted the Lease Agreement.
Private respondent asserts, however, that Kho has been superseded by the more recent case of Repol v. Commission on Elections from which he cites the dictum that
That the Supreme Court has jurisdiction over petitions for certiorari assailing interlocutory orders rendered by a Comelec division from which no recourse to the Comelec en banc could be had was, in fact, acknowledged in Kho v. Commission on Elections.
Rosal vs. Commission on Elections, et al., G.R. No. 168253, March 16, 2007 - Before focusing on the merits of this case, the Court sees fit to address a procedural concern with respect to G.R. No. 168253.
