Case Digest (G.R. No. 85108)
Facts:
The case involves Vicente Mallarte (the petitioner), who entered into a lease agreement with spouses Nicolas and Ramona Gopiao (the respondents) on June 1, 1972, for an apartment located at 840 Moret, Sampaloc, Manila, for a monthly rental of P300. The lease contract contained specific provisions, particularly in paragraphs 8 and 9, which prohibited the subleasing or assignment of the premises without the written consent of the lessors. In June 1979, the lessors conducted an inspection and found that Vicente Mallarte had converted parts of the apartment into bed spaces for boarders, accommodating eight individuals including Adoracion Penalver and her sister, Josephine. Subsequently, the Gopiaos demanded that Mallarte vacate the premises due to the alleged violation of the lease. When he did not comply, they escalated the issue to the barangay court and later the case reached the City Court and then the Regional Trial Court, and eventually
Case Digest (G.R. No. 85108)
Facts:
- Petitioner: Vicente Mallarte, who leased an apartment in Sampaloc, Manila.
- Respondents: Spouses Nicolas and Ramona Gopiao (acting through their attorney-in-fact, Nicolas Gopiao, Jr.), the lessors of the apartment.
Parties Involved
- The lease was entered on a month-to-month basis with a monthly rental of P300.
- Specific provisions in paragraphs 8 and 9 of the lease expressly prohibited:
Lease Agreement and Terms
- During an annual inspection by the lessors (conducted through their attorney-in-fact), it was found that:
Discovery of the Alleged Violation
- Based on the inspection findings, the lessors alleged that the petitioner violated the lease agreement by:
Respondents’ Action and Allegations
- Mallarte contended that:
Petitioner’s Defense
Issue:
- Whether the petitioner’s act of accepting boarders in the leased apartment amounted to a violation of the lease provision that expressly forbade subleasing or assignment of any part of the premises.
- Whether the presence of boarders (lodgers) should legally be equated with subleasing, considering the differing legal implications on possession and control of the premises.
- Whether the respondents were justified in filing an ejectment complaint based on their interpretation of the lease agreement violations.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)