Title
Buccat vs. Dispo
Case
G.R. No. L-44338
Decision Date
Apr 15, 1988
A 1953 lease for a school site was modified in 1958, leading to disputes over duration and rent. Courts upheld a 20-year lease and increased rent, ruling the action timely and the adjustments reasonable.
A

Case Digest (G.R. No. L-44338)

Facts:

  • Parties and subject matter of the controversy
  • Plaintiff-appellee Rosario C. Buccat owned a parcel of land.
  • Defendant-appellant Librada Rosales Dispo, assisted by her husband Proceso Dispo, entered into lease arrangements over the same parcel.
  • The parcel had an area of 542 square meters and was located at Bo. Catbangon, San Fernando, La Union.
  • First lease contract (February 1953) and its alleged expiration
  • Sometime in February 1953, the parties entered into a contract of lease.
  • The expiration date of the first lease contract was August 31, 1967.
  • Under the first lease, defendant-appellant constructed the National Business Institute, a small vocational school on the leased parcel.
  • Second lease contract (August 1958) and its duration clause
  • In 1958, the parties entered into another lease agreement over the same parcel.
  • The second agreement substantially modified the duration of the lease.
  • The second lease contained Par. 3, which provided that:
1) the lease would “remain in full force and effect as long as the land will serve the purpose” as a school site; and 2) the stipulated rentals would be subject to review “every after ten (10) years by mutual agreement of the parties.”
  • Unlawful detainer case and the second lease’s challenged validity
  • On May 3, 1968, about eight months after the alleged expiration of the first contract, plaintiff-appellee filed a complaint for unlawful detainer against defendant-appellant.
  • The unlawful detainer complaint was based on the alleged expiration of the first lease contract.
  • Plaintiff-appellee claimed the second lease agreement was null and void for being simulated and for want of consideration.
  • Plaintiff-appellee alleged that the second contract was executed only after defendant-appellant approached her and revealed difficulties securing official recognition by the government of the National Business Institute, if the first lease was not amended.
  • Plaintiff-appellee consented to the amendment believing that it was void and that the first contract was binding.
  • The unlawful detainer case reached the Court of Appeals.
  • Court of Appeals decision in unlawful detainer and its advisory
  • The Court of Appeals resolved the unlawful detainer case in favor of the validity of the second lease contract.
  • The Court of Appeals interpreted Par. 3 as leaving the period of lease indefinite, based on the clause’s effect as one dependent on circumstances.
  • Because of the indefinite period interpretation, the Court of Appeals suggested that plaintiff-appellee file an action to fix the period of the lease contained in the dispositive portion of its decision.
  • The Court of Appeals’ dispositive portion affirmed the lower court’s dismissal “without prejudice to the filing of an appropriate action to fix the term of the lease.”
  • Action for fixing duration of lease and trial court ruling
  • Pursuant to the Court of Appeals decision, plaintiff-appellee filed a case for Fixing of the Duration of the Period of a Contract under Article 1197, Civil Code of the Philippines.
  • The case was filed with the then Court of First Instance of La Union.
  • The trial court rendered a decision fixing:
1) the duration of the second lease contract executed in August 1958, to be twenty (20) years from August 1958, expiring on the last day of August 1978; and 2) the monthly rental from P50.00 to P150.00.
  • The trial court held the parties to bear their own costs.
  • Appeal to the Supreme Court and the assigned errors
  • The trial court decision came to the Supreme Court on appeal as certified by the Court of Appeals because only questions of law were involved.
  • Defendants-appellants assigned five errors:
1) error on prescription, arguing that an action based on a written contract should be dismissed as prescribed; 2) error on judgment on the pleadings, allegedly precluding evidence on factual and legal points; 3) error relating to the finding of the nature of defendant’s business; 4) error in the trial court’s finding and interpretation of the lease as having no definite period or as dependent upon the sole will of the lessee, and in the fixing of the p...(Subscriber-Only)

Issues:

  • Prescription of the action for fixing the period of the lease
  • When did the cause of action accrue for purposes of prescription: in August 1958 when the second lease contract was executed, or in November 1972 when the Court of Appeals decision upholding validity of the second lease was promulgated?
  • Propriety of judgment on the pleadings
  • Whether the trial court erred in rendering judgment on the pleadings and thereby precluding defendants from adducing evidence on issues allegedly not admitted or not covered by the stipulation of facts.
  • Nature of defendant’s business
  • Whether the trial court erred in finding that defendant’s business consisted in maintaining and managing a relatively small vocational institute without reception of evidence.
  • Interpretation of Par. 3 of the second lease agreement and the fixing of duration
  • Whether the trial court erred in interpreting the lease as one without a period or as a lease whose period was ...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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