De Murga vs. Chan (Digeted) Civpro
De Murga vs. Chan (Digeted) Civpro
ANGELES, J.:
FACTS:
Jesusa Vda. de Murga was the owner of two parcels of land in the City of Zamboanga. On January
31, 1949, a contract of lease over said two lots was entered into by and between Jesusa Vda.
de Murga as lessor, and Juanito Chan as lessee. The period of the lease was ten(10) years from
January 31, 1949; the lessee to pay a monthly rent of P500.00 within the first ten days of every
month; with the consent of the lessor, the lessee may introduce improvements on the land. Thus, on
July 23, 1958, the lessor informed the lessee of her willingness to renew the lease for five years at a
monthly rent of P700.00. (Exhibit B.)
On January 18, 1959, the lessee advised the lessor that she (lessor) should purchase the buildings
constructed on the land in accordance with the stipulation in the contract of lease.
On February 16, 1959, the lessee sent his check for P500.00 to the lessor in payment of the monthly
rental corresponding to the month of February, 1959. (See Exhibit J.)
On February 19, 1959, the lessor returned to the lessee the check which the latter had sent to the for -
mer, stating further in the letter that she was demanding that the leased premises be vacated, if he
(lessor) would not agree to pay the new rental of P600.00 or P700.00 a month beginning February 1,
1959.
Disregarding the written demand of the lessor, dated February 19, 1959, the lessee chose to remain
in the possession of the leased premises and insisted that the contract of lease stipulated an automa-
tic renewal of the lease, and conformably thereto, he has a right to continue occupying the premises;
and as token of his decision, he sent to the lessor his check for P500.00 in payment of the monthly
rent corresponding to the month of February 1959. The lessor was undoubtedly not satisfied with the
tendered amount of P500.00, because she had demanded P600.00 or P700.00, as new monthly rent
as a condition for the renewal of the lease. And without any further definite demand on the lessee to
vacate the premises filed, on March 10, 1959, a complaint of unlawful detainer in the municipal court
of Zamboanga City against the lessee, Juanito Chan, to eject the latter from the leased
premises. The facts alleged in the complaint as cause of action, consisted in reproducing and
reiterating the substance of the correspondence exchanged between lessor and lessee, as narrated
above, and claiming that the possession of the lessee of the premises had become illegal by his
failure and refusal to pay the increased new rental. For relief, the plaintiff prayed that the defendant
be ordered to vacate the premises, and "TO PAY THE NEW RENTS DEMANDED OF P600.00 or
P700.00 FROM FEBRUARY 1, 1959 MONTHLY AS THE CASE MAY BE." Attached to the complaint,
as annexes thereto, were copies of the letters exchanged between the lessor and the lessee, Exhibits
B to J.
ISSUES:
1. Whether or not the allegations in the complaint constitute a cause of action for unlawful
detainer, and confer jurisdiction over the case to the municipal court (now city court) of
Zamboanga City,
2. Whether or not the lessor and the lessee had agreed upon an automatic renewal of the lease
of the premises.
According to Article 1091 of the Civil Code, obligations arising from contracts have legal force
between the contracting parties and must be fulfilled in accordance with their stipulation.
Therefore, if the defendant bound himself to lease his properties for the period of one year,
which term should be extendible, it is evident and strictly in accord with justice that the plaintiff-
lessee has a right, at the termination of the first period of one year, to have the said contract of
lease renewed in fulfillment of the stipulated extension of the term of the lease; otherwise, the
clause contained in the document Exhibit 1, that the lease at its termination would be
extendible, would be worthless.
The defendant-appellant is wrong in his contention that the renewal or extension of the
contract depended solely upon himself, notwithstanding the stipulations contained in said
contract, inasmuch as the renewal and continuation of the lease could not be left wholly to the
plaintiff's free will, without counting on the defendant's consent — a consent expressly granted
in the promise that the term would be extended, which term, although its duration was not
fixed, should be understood to be for another year, a period equal to and not greater than the
term of the lease.
When a contract of lease provides that the term thereof is extendible, the agreement is
understood as being in favor of the lessee, and the latter is authorized to renew the contract
and to continue to occupy the leased property, after notifying the lessor to that effect. The
lessor can withdraw from the said contract only after having fulfilled his promise to grant the
extension of time stipulated therein, unless the lessee has failed to comply with or has violated
the conditions of the contract. It is not necessary that the extension be expressly conceded by
the lessor because he consented thereto in the original contract.
UPON THE FOREGOING CONSIDERATIONS, We declare that the municipal court (now city court)
of Zamboanga City had no jurisdiction over the case; therefore, the appealed decision is set aside
and reversed, with costs against the plaintiff-appellee.