DUCUSIN vs. CA
DUCUSIN vs. CA
Ducusin v. CA
122 SCRA 280
Guerrero, J.
DOCTRINE OF THE CASE: Where a lease contract expressly stipulates that the lessor
may terminate the lease when his children shall need the same, such a condition is
valid, as happening of the condition depends not on the lessor but on a third party.
FACTS: This is a petition for certiorari to review the decision of the Court of Appeals.
Petitioner Ducusin leased to private respondent Baliola spouses a one-door apartment
unit under the contract of lease. Pertinent stipulations of which state: The term of this
contract shall be in a month to month basis until terminated by the lessor on the ground
that his children need the premises for their own use or residence or upon any ground
provided for in accordance with law. Petitioner Ducusin sent a notice to terminate lease
contract to private respondents Baliolas terminating the lease and giving them time
within which to vacate the premises for the reason that his two children were getting
married and will need the apartment for their own use and residence. Respondents
made no reply. Petitioners filed an action for ejectment against the Baliola spouses in
the City Court of Manila, where it was decided in favor of the lessor Ducusin on the
ground that the "defendants' contract with the plaintiff has already terminated with the
notice of termination sent by the plaintiff to the defendants on the ground that he needs
the premises for his own children.
The CFI of Manila reversed the decision as well as the CA affirmed the decision
wherein the ejectment suit was dismissed.
ISSUE: Whether an owner of a leased premises can unilaterally terminate the contract
of lease under the terms and conditions stated therein.
RULING: YES. CA’s decision was reversed and set aside. Pursuant to Art. 1182 of the
Civil Code, when the fulfillment of the condition depends upon the sole will of the debtor,
the conditional obligation shall be void. If it depends upon chance or upon the will of a
third person, the obligation shall take effect in conformity with the provisions of this
Code. In the case at bar, the resolutory condition which is the need of the lessor’s
children of the leased premises is not a condition the happening of which is dependent
solely upon the will of the lessor. The happening of the condition depends upon the will
of a third person—the lessor’s children. Whenever the latter require the use of the
leased premises for their own needs, then the contract of lease shall be deemed
terminated. The validity of the said condition as agreed upon by the parties stands.