MIDSAPAK, ANNA MARIA R.

JD-4
APRIL 15, 2021 CIVREV QUIZ

1. How is the assignment of a contract of lease made? (5 pts.)

Assignment of a contract of lease is done by assigning the rights and obligations of

the lessee to the thing leased from the lessor to another person or in other words by
renting it out to another person.

2. The house that was leased by Jerah was razed by fire before the expiration of the
lease contract. Is it the obligation of the lessor to do a reconstruction of a leased house
that has been completely destroyed by fire? Explain fully. ( 10 pts.)

No. As a general rule the lessee is responsible for the deterioration of the thing leased,
unless he proves that it took place without his fault. However, if the destruction is due
to natural calamities then the lessor is obliged to the reconstructions.

3. A very big hole was found in the leased premises. The lessee demands that the lessor
shoulder the expenses for the filling up of the lot. The lessee contends that “filling
up” the lot is a repair and thus, it must be shouldered by the lessee. Is the lessee
correct? Explain fully. ( 10 pts.)

No. One of the obligation of the lessor as provided by law is to make on the same
during the lease all the necessary repairs in order to keep it suitable for the use to
which it has been devoted, unless there is a stipulation to the contrary.

Here, the lessee is not correct because it is not the obligation of the lessee but of the
lessor.

4. Can a lessee file an action for forcible entry? Explain fully. ( 10 pts.)

Yes. The law provides that every possessor has a right to be respected in
his possession; and should he be disturbed therein he shall be protected in or restored
to said possession by the means established by the laws and the Rules of Court.
Being , the lessee has the right of possession during the lease term. Thus , the lessee
can file an action for forcible entry.

5. What are the warranties in case of lease? Explain each warranty? ( 10 pts.)

The warranties in the lease contract are the following:

a.) The lessor warrants that he has a right to lease the thing, meaning the lessor has a
legal title to the property being lease;
b.) That the lessee shall enjoy the legal and peaceful possession of the thing meaning the
lessor should protect and do the necessary repairs; and
c.) That the thing is fit for the use for which it is intended and free from any hidden fault
or defect meaning the thing being lease is usable.

6. Distinguish the rights of the lessee when there is total destruction of the things leased
and when there is only partial destruction. (5 pts.)

The distinctions between the right of the lessee when there is total destruction on the
things leased is to demand for the extinguishment of contract ,while if there is only partial
destruction of the thing leased , the lessee may choose to demand between a proportional
reduction of rent and the rescission of the lease.

7. Hariroki is the lessee of a 200-square meter parcel of land. The effectivity of the
Contract is up to March 30, 2021. What are the legal consequences if Hariroki
continues to enjoy the use of property despite the expiration of the lease contract?
Explain fully. ( 10 pts.)

If Hariroki continue to enjoy the use of property despite the expiration of the lease
contract for 15 days with the acquiescence of the lessor , the contract of lease is impliedly
created or established . The period of the implied new lease is such case shall be the legal
period established by law but the other terms of the original contract shall be revived.

8. Can the lessor who is also the owner of the thing sell the property subject of the lease
even if the contract of lease has not yet terminated? Explain fully. ( 10
pts.)

Yes, the lessor who is also the owner of the thing can sell the property subject of lease
even if the contract has not yet terminated. The following rule will apply, if the thing
leased is recorded in the registry of deeds the buyer should respect the contract of
lease but if it is not recorded then the buyer can extinguished the contract of lease.

9. During the effectivity of the contract of lease, a trespasser deprived the lessee of the
right to use and enjoy the thing leased. Is the lessor liable for the act of the trespasser?
Explain fully. ( 10 pts.)

No. As contemplated in Article 1664 of the new civil code the lessor is not obliged to
answer for the mere act which a third person may cause on the use of the thing
leased , but he shall have a direct action against the intruder.
10. Is a judicial action necessary to eject a lessee? Explain fully. ( 10 pts.)

No. Judicial action is not necessary to eject a lessee when there is a contractual
stipulations that authorize the lessor to repossess the leased property extra judicially from
a lessee in the event of expiration of the leased term. Being the law between the parties,
Can the lessor who is also the owner of the thing sell the property subject of the lease
even if the contract of lease has not yet terminated Who pays for the realty tax of the
thing leased? What is your legal basis? ( 5 pts.)

The lessor is oblige to pay the realty tax of the thing leased because it is one of the
obligations of the owner of realty to pay for its tax.

11. Salvador sold his commercial building to Lexie. The document is evidenced by a
Deed of Sale with Pacto de Retro. Salvador reserves the right to exercise the right to
repurchase up to December 2022. When Salvador sold a retro the commercial
building on January 1, 2021, the contract of lease which he executed in favor of Bea
was still in effect. The Contract of Lease signed by Salvador and Bea will expire on
January 1, 2023. Being the new owner of the property, can Lexie eject the lessee-Bea
and demand that the latter vacate the commercial building? Explain fully. ( 10 pts.)

No. Lexie cannot eject the lessee. One of the instances where the purchaser or buyer
cannot terminate an existing lease in where the sale is made with right of repurchase.

Here, the period that Salvador can redeemed the contract is up to December 2022 so
from January 1, 2021 to December 2022, Lexie cannot demand the lessee to vacate
the commercial building.