Case Digest (G.R. No. L-41182-3)
Facts:
In Dr. Carlos L. Sevilla and Lina O. Sevilla vs. Court of Appeals, Tourist World Service, Inc., Eliseo S. Canilao, and Segundina Noguera (G.R. Nos. L-41182-3, April 15, 1988), the petitioners-appellants, Dr. Carlos L. Sevilla and his wife Lina O. Sevilla, entered on October 19, 1960 into a tripartite lease with Mrs. Segundina Noguera as lessor and Tourist World Service, Inc. (TWS), represented by Eliseo Canilao, as lessee. The same instrument bound Lina Sevilla solidarily for prompt payment of monthly rent on the Mabini Street, Manila branch office used by TWS. Under an understanding, Lina ran the office, retained 4% commission on airline bookings she procured, and remitted 3% to TWS. On November 24, 1961, upon learning of Lina’s alleged connection with a rival agency and purported losses at the Ermita branch, TWS’s board on December 2, 1961 abolished the branch manager’s post and authorized its secretary to take over office property. The lease was terminated January 3, 1962 (efCase Digest (G.R. No. L-41182-3)
Facts:
- Contract of Lease and Parties
- On October 19, 1960, Mrs. Segundina Noguera (party of the first part) leased premises on A. Mabini St., Manila, to Tourist World Service, Inc. (TWS), represented by Eliseo S. Canilao (party of the second part).
- Dr. Carlos L. Sevilla and Lina O. Sevilla (petitioners-appellants) were solidarily liable with TWS for timely payment of rent.
- Branch Office Arrangement
- TWS opened an Ermita branch office, operated by Lina O. Sevilla as “branch manager” in title only.
- Airline commissions on bookings secured by Sevilla were split: 4% to Sevilla, 3% retained by TWS.
- Events Leading to Dispute
- On or about November 24, 1961, TWS learned Sevilla was connected with a rival firm; on December 2, 1961, its board (Exhs. 12 & 13) abolished the branch-manager office and authorized its corporate secretary to take over branch properties.
- By letter of January 3, 1962, TWS terminated the lease (effective January 31, 1962) but ceased using the premises in November 1961; Sevilla continued operations thereafter.
- On June 4, 1962, upon finding the premises locked and unable to contact Sevilla, Canilao padlocked the office “to protect TWS interests” and telephone lines remained disconnected.
- Judicial Proceedings
- Appellants filed a complaint for mandatory injunction and damages; respondents answered with counterclaims; the trial court dismissed both without prejudice, then reinstated Noguera’s counterclaim.
- After refiling on June 17, 1963, the Court of First Instance dismissed appellants’ complaint and Noguera’s counterclaim for lack of merit.
- The Court of Appeals affirmed. Petitioners then sought certiorari before the Supreme Court.
Issues:
- Whether Tourist World Service, Inc. unilaterally disconnected the telephone line at the Ermita branch office.
- Whether the padlocking of the premises by TWS and Canilao was an actionable wrongful self-help.
- Whether the lessee of the Noguera premises was TWS alone or TWS jointly with Lina O. Sevilla.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)