Case Digest (G.R. No. 113627)
Facts:
- Petitioners Corazon C. Shin and Chung Hwa Kyoon were sublessees of a property owned by Alorasan Realty Development Corporation.
- Nordy Diploma, the lessee of the property, represented himself as the owner and subleased the property to Shin and Chung.
- Shin and Chung approached Nordy Diploma to negotiate a longer lease period and permission to construct a two-storey building on the premises.
- Nordy Diploma approved the proposal and Shin and Chung proceeded with the construction.
- Alorasan Realty Development Corporation discovered the unauthorized construction and objected to it.
- It was revealed that Nordy Diploma was not the real owner of the property and Alorasan owned the lot.
- The Pasay City Building Official directed Shin and Chung to stop construction for lack of a building permit.
- Shin and Chung filed a complaint for damages with preliminary injunction against Nordy Diploma, Alorasan, and the Pasay City Building Official.
Issue:
- (Unlock)
Ruling:
- The Court of Appeals did not err in setting aside the writ of pr...(Unlock)
Ratio:
- Before a writ of preliminary injunction may be issued, there must be a clear showing that there exists a right to be protected and that the acts against which the writ is directed are violative of that right.
- In this case, Shin and Chung were mere sublessees and could not invoke a right superior to that of their sublessor.
- Their right of possession depended entirely on that of their sublessor.
- Since the lessor and real owner of the property objected to the improvements introduced by Shin and Chung and terminated the lease contract, the sublessees had no right to remain on the land.
- A preliminary injunction does not lie...continue reading
Case Digest (G.R. No. 113627)
Facts:
The case involves Corazon C. Shin and Chung Hwa Koon as petitioners against the Court of Appeals, Alorasan Realty Development Corporation, and Nordy Diploma as respondents. The events leading to the case began on January 1, 1981, when Alorasan Realty Development Corporation (Alorasan) leased a parcel of land and building located at 2332 Roxas Boulevard, Pasay City, to Nordy Diploma for a one-year term. After the initial lease expired, the parties verbally agreed to continue the lease on a month-to-month basis. On May 21, 1990, Nordy Diploma, falsely representing himself as the owner of the property, leased it to Chung Hwa Koon for three years, from June 15, 1990, to June 14, 1993, with an option to renew for an additional two years. Chung Hwa Koon paid Nordy Diploma P360,000.00 as advance rent. On November 14, 1990, Chung assigned his rights under the lease to Corazon Shin, and they subsequently formed a partnership to operate a restaurant and disco joint on the premises, making improvements to the property.
In April 1991, Alorasan discovered the construction of a new building on the leased premises and objected to it, leading to the revelation that Nordy Diploma was not the actual owner of the property. On April 17, 1991, Alorasan sent a written notice to Nordy Diploma terminating the lease and demanding that he vacate the premises. A follow-up letter on May 6, 1991, reiterated this demand, but Nordy Diploma refused to leave. Consequently, Alorasan filed an unlawful detainer action against Nordy Diploma in the Metropolitan Trial Court ...