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  • Cursino vs. Bautista

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    Abegail Galedo
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    This case involves a dispute between a landlord and tenant over unlawful detainer. The landlord leased property to the tenant, who defaulted on rent payments. The landlord demanded that the tenant pay back rent and vacate the premises, but the tenant only paid rent and refused to leave. The court ruled in favor of the landlord, finding that while the tenant paid rent, the landlord did not consent to the continued tenancy and demanded the tenant vacate. Therefore, the tenant's refusal to leave made their possession of the property unlawful.

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    627. Cursino vs. Bautista

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    This case involves a dispute between a landlord and tenant over unlawful detainer. The landlord leased property to the tenant, who defaulted on rent payments. The landlord demanded that the tenant pay back rent and vacate the premises, but the tenant only paid rent and refused to leave. The court ruled in favor of the landlord, finding that while the tenant paid rent, the landlord did not consent to the continued tenancy and demanded the tenant vacate. Therefore, the tenant's refusal to leave made their possession of the property unlawful.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    19 views1 page

    Cursino vs. Bautista

    Uploaded by

    Abegail Galedo
    This case involves a dispute between a landlord and tenant over unlawful detainer. The landlord leased property to the tenant, who defaulted on rent payments. The landlord demanded that the tenant pay back rent and vacate the premises, but the tenant only paid rent and refused to leave. The court ruled in favor of the landlord, finding that while the tenant paid rent, the landlord did not consent to the continued tenancy and demanded the tenant vacate. Therefore, the tenant's refusal to leave made their possession of the property unlawful.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    Galedo, Abegail P.

    627. CURSINO V. BAUTISTA

    PETITIONER : Florentino Cursino


    RESPONDENT : Hon. Pedro Gil Bautista
    DATE : August 7, 1989
    PONENTE : Bidin, J. 
    TOPIC : Forcible Entry and Unlawful Detainer

    FACTS:

     Private respondent is the lawful owner and lessor of the subject property in Paranaque and was
    leased by petitioner.
     Petitioner defaulted in his payment and was demanded to vacate the premises to which he did
    not heed. A complaint for unlawful detainer was filed by respondent. The court rendered a
    decision in favor of private respondent.
     Petitioner appealed to Court of First Instance of Rizal. COFI affirmed the decision of municipal
    court.

    ISSUE:

    WON respondent Maria James still ahs a cause of action against petitioner after she received
    and and accepted rentals for the months of October to December 1977.

    HELD:

     The owner-lessor has two unquestionable prerogatives which is to demand that:


    a. back rentals be paid;
    b. premises be vacated.

     Petitioner was able to pay the back rentals but refused to vacate the premises. Undoubtedly,
    petitioner's belated payments of his back rentals do not automatically restore the contract
    of lease without private respondent's consent. The terms of the contract of lease have been
    violated and the lessor-owner has the unquestionable right to withdraw from said contract or
    agreement whether oral or written.
     It is the landlord's demand for tenant to vacate the premises, when the tenant has failed to
    pay the rents on time and tenant's refusal or failure to vacate, which make unlawful
    withholding of possession
     That consent, no matter how long it may last makes lawful tenant's possession. Only when
    that consent is withdrawn and the owner demands tenant to leave the property is the
    owner's right of possession asserted and the tenant's refusal or failure to move out makes
    his possession unlawful because it is violative of the owner's preferential right of
    possession
     In this case, respondent-lessor did not consent to petitioner's possession of the leased
    premises after the latters default in the payment of the monthly rents. On the contrary,
    respondent demanded that petitioner pay the back rental and vacate the premises. The
    refusal of the petitioner to vacate the premises after demand, makes his withholding of
    possession unlawful.

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