Professional Documents
Culture Documents
*
G.R. No. 147812. April 6, 2005.
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* FIRST DIVISION.
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CARPIO, J.:
The Case
1 2
This is a petition for review to annul the Decision dated
29 November 2000 of the Court of Appeals (“appellate
court”) in CAG.R. SP No. 41686, and its Resolution dated
16 April 2001 denying the motion for 3reconsideration. The
appellate court set aside the Decision dated 27 June 1996
of Branch 110 of the Regional Trial Court of Pasay City
(“RTC”) 4in Civil Case No. 960209. The RTC affirmed the
Decision dated 29 December 1995 of Branch 47 of the
Metropolitan Trial Court of Pasay City (“MTC”) in Civil
Case No. 75495 ordering respondent Leonora Tirona
(“Tirona”) to vacate and surrender possession of the
property under litigation to petitioner Leonardo R. Ocampo
(“Ocampo”). The MTC also ordered Tirona to pay Ocampo
rentals in arrears, attorney’s fees, and costs of suit.
Antecedent Facts
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presented
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upon the proper hearing on the merits of this
case.
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7 Records, p. 15.
8 Ibid., pp. 2426.
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The MTC ruled that Tirona does not have any reason to
suspend payment of rents until after PD No. 1517, in
relation to PD Nos. 1893 and 1968, is implemented in her
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“Authorizing the Issuance of Special Investors Resident Visas to Aliens and for
Other Purposes,” as Amended (1983).
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OF ONEHALF
18
PORTION BY EJECTING HER LESSEE,
[TIRONA].
The appellate court stated that the principal issue for its
resolution is whether Ocampo, being the buyer of the
subject land which is not 19
yet partitioned among the heirs,
can validly evict Tirona.
The Issues
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18 Rollo, p. 57.
19 See CA Rollo, p. 203.
20 CA Rollo, p. 204.
21 Ibid., p. 205.
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Unlawful Detainer
Elements to be Proved
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Ownership as an Issue
When Tirona filed her answer before the MTC, she raised
the issue of ownership and ascribed ownership of the
subject lot to one Doña Lourdes Rodriguez Yaneza. Tirona
later changed her strategy and filed an amended answer
that ascribed ownership of the subject lot to Maria Lourdes
BretonMendiola. Tirona justified the amendment by
stating that she did not ask for the assistance of a lawyer
for fear of not being able to file her answer on time. This
excuse is flimsy considering that Tirona first
communicated to Ocampo through Callejo Law Office.
However, the MTC still allowed Tirona to amend her
answer. Tirona stated that there was no violation of the
lease agreement because she paid her rent to the real
owner, Maria Lourdes BretonMendiola.
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(1) The 9 March 1995 waiver allegedly signed by Rosauro Breton cited
incapacity due to brain operation as the reason for the waiver. This raises
serious questions as to the validity of the waiver.
(2) Tirona presented receipts for payment of her lease from April 1995 to June
1996 in sequential numbers (Nos. 3416 to 3425). The receipt for payment
for March 1995 was numbered 3429. It appearing that Tirona was not the
only lessee, the only conclusion
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Interpleader
The good faith of Tirona is put in question in her
preference for Maria Lourdes BretonMendiola. As a
stakeholder, Tirona should have used reasonable diligence
in hailing the contending claimants to court. Tirona need
not have awaited actual institution of a suit 37by Ocampo
against her before filing a bill of interpleader. An action
for interpleader is proper when the lessee does not know
the person to whom
38
to pay rentals due to conflicting claims
on the property.
Ocampo has the right to eject Tirona from the subject land.
All the elements required for an unlawful detainer case to
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we can gather is that the receipts were not issued in the regular course
of business.
(3) The receipts Tirona presented are printed with “Rosauro Y. Breton
Administrator.” This is contrary to Tirona’s claim that Maria Lourdes
BretonMendiola is the administrator of the estate.
37 See WackWack Golf and Country Club, Inc. v. Won, et al., 162 Phil.
233; 70 SCRA 165 (1976).
38 See Pagkalinawan v. Rodas, 80 Phil. 281 (1948).
39 Oscar M. Herrera, III Remedial Law 182 (1999) citing Alvarez, et al.
v. Commonwealth, et al., 65 Phil. 302 (1938).
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