Case Digest (G.R. No. 85108)
Facts:
Vicente Mallarte v. Hon. Court of Appeals, Sps. Nicolas Gopiao & Ramona Calma Gopiao, represented their Attorney-in-Fact, Nicolas Gopiao, Jr., G.R. No. 85108, October 04, 1989, First Division, Grino‑Aquino, J., writing for the Court.On June 1, 1972, spouses Nicolas and Ramona Gopiao (respondents) leased an apartment at 840 Moret, Sampaloc, Manila to Vicente Mallarte (petitioner) on a month‑to‑month basis for P300 monthly. Paragraphs 8 and 9 of the written lease expressly prohibited subleasing, assignment or the use of any portion of the premises without the lessor’s written consent and made violation a ground for ejectment.
The Gopiaos, through their attorney‑in‑fact, conducted annual inspections. In June 1979 they discovered that two second‑floor rooms and part of the living and dining rooms had been converted into bed spaces used by boarders—eight persons were identified. The Gopiaos demanded possession; petitioner refused, asserting that the boarders were relatives or students of Far Eastern University and that the lessors sought to evict him after he refused a rent increase demand from P300 to P600.
The Gopiaos filed an ejectment complaint in the barangay court (Zone 45, 3rd district of Manila). The matter proceeded through the judicial system: the City Court, then the Regional Trial Court, and ultimately the Court of Appeals, which in CA‑G.R. SP No. 12091 (July 11, 1988) held that petitioner violated the lease by subleasing parts of the apartment and order...(Subscriber-Only)
Issues:
- Did the petitioner, by accepting boarders and assigning rooms or bed spaces within the leased apartment without the lessors’ written consent, commit subleasing in violation of the lease and thus warrant judicia...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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