Title
Amor vs. Krummer
Case
G.R. No. L-90
Decision Date
Apr 12, 1946
Plaintiff discovers unauthorized lease of premises; defendants refuse to vacate. Court orders payment of reasonable rent, bars meddling, and upholds jurisdiction despite procedural objections.
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Case Digest (G.R. No. L-90)

Facts:

  1. Ownership of the Premises:

    • Plaintiff Susano Amor is the owner of the premises located at No. 2050 (ground floor), Rizal Avenue, Manila.
  2. Unauthorized Lease:

    • In March 1945, plaintiff discovered that defendants Elizabeth Krummer and Jose Che Kuak had leased the premises from their co-defendant Francisco Gonzalez without plaintiff's knowledge or consent.
    • The lease was for a monthly "rent" of P900, despite Gonzalez having no authority from the plaintiff to rent the premises or collect rent.
  3. Demand to Vacate and Refusal:

    • Plaintiff served a notice to vacate on Krummer and Che Kuak on March 1, 1945, and demanded payment of "rents."
    • Defendants refused to vacate and continued to occupy the premises.
  4. Legal Proceedings:

    • The case was originally filed in the municipal court of Manila as an ejectment case.
    • On appeal to the Court of First Instance, only Francisco Gonzalez answered the complaint. Krummer and Che Kuak were declared in default, and their petition to lift the default was denied.
  5. Reasonable Value of Use:

    • The Court of First Instance found the monthly rent of P900 excessive and appraised the reasonable value of the use and occupation of the premises at P140 per month.

Issue:

  1. Whether the municipal court and the Court of First Instance had jurisdiction over the case.
  2. Whether the defendants Krummer and Che Kuak were liable to pay the reasonable value of the use and occupation of the premises.
  3. Whether Francisco Gonzalez was liable for meddling with the possession and disposition of the premises.

Ruling:

  1. Jurisdiction:

    • The Court of First Instance had jurisdiction over the case. The contention that the cause of action accrued more than one year before the suit was filed was raised for the first time on appeal and was unsupported by the evidence.
    • Under Rule 40, Section 11, even if the municipal court lacked jurisdiction, the Court of First Instance could try the case on the merits if the parties proceeded without objection to jurisdiction.
  2. Liability of Krummer and Che Kuak:

    • Defendants Krummer and Che Kuak were ordered to pay P140 per month as the reasonable value of the use and occupation of the premises from March 1945 until restitution of possession to the plaintiff.
    • They were also allowed to recover from Francisco Gonzalez the rents they had paid him.
  3. Liability of Francisco Gonzalez:

    • Francisco Gonzalez was ordered to abstain from meddling with the possession and disposition of the premises.
  4. Costs:

    • All defendants were ordered to pay the costs in the municipal court and the Court of First Instance.

Ratio:

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