Case Digest (G.R. No. L-19572)
Facts:
- Dionisio B. Gallarde is the plaintiff and appellant.
- Cesar S. Moran and Liboria L. Moran are the defendants and appellees.
- On June 2, 1961, Gallarde filed a complaint for ejectment and damages against the Morans in the Court of First Instance of Agusan.
- In 1954, Gallarde allowed the Morans to occupy his urban land with a rental agreement.
- The initial rent was P15.00, later reduced to P12.00, and then to P10.00.
- Gallarde claimed the Morans were irregular in their payments.
- In January 1960, Gallarde notified the Morans that rent would increase to P80.00 starting March 1960.
- He stated that if they did not agree to the new rent, he would demand they vacate the property.
- The Morans allegedly failed to pay rent for several months, leading Gallarde to seek ejectment and damages.
- The Morans filed a motion to dismiss, arguing Gallarde did not establish a cause of action due to lack of prior demand to vacate.
- The trial judge agreed with the Morans and dismissed the complaint, prompting Gallarde to appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the trial court's order dismissing Gallarde's complaint for ejectment.
- The court found that the complaint did not establish a cause of action...(Unlock)
Ratio:
- The Supreme Court's decision was based on the interpretation of Section 2 of Rule 72, which requires a landlord to make a demand for payment or compliance before initiating ejectment.
- The court noted that Gallarde's complaint lacked specific allegations of a proper demand to vacate.
- The first demand was conditional and did not clearly indicate the Morans' refusal to accept the new rental terms....continue reading
Case Digest (G.R. No. L-19572)
Facts:
The case involves Dionisio B. Gallarde as the plaintiff and appellant, and Cesar S. Moran and Liboria L. Moran as the defendants and appellees. The events leading to the case began on June 2, 1961, when Gallarde filed a complaint for ejectment and damages against the Morans in the Court of First Instance of Agusan. Gallarde claimed that in 1954, he allowed the Morans to occupy a parcel of urban land he owned, under the condition that they would pay monthly rentals. Initially, the rent was set at P15.00, which was later reduced to P12.00 and then to P10.00. Gallarde asserted that the Morans were irregular in their rental payments, prompting him to notify them in January 1960 that starting March of that year, the rent would increase to P80.00. He stated that if the Morans did not agree to this new rental amount, he would demand that they vacate the property. Despite this notification, the Morans allegedly failed to pay rent for several months, leading Gallarde to claim that he suffered both moral and actual damages. He sought the court's intervention to eject the Morans from his land and to require them to pay damages and costs. In response, the Morans filed a motion to dismiss the complaint, arguing that Gallarde had no...