Case Digest (G.R. No. 177809)
Facts:
Spouses Omar and Moshiera Latip v. Rosalie Palana Chua, G.R. No. 177809, October 16, 2009, Supreme Court Third Division, Nachura, J., writing for the Court. Petitioner-lessors were the Spouses Omar and Moshiera Latip and respondent-lessor was Rosalie Palana Chua; the litigation concerns possession and payment under a purported lease over two cubicles in Roferxane (Roferland) Building, Paranaque City. The petition to the Supreme Court is a Rule 45 petition for review on certiorari from the Court of Appeals' decision in CA-G.R. SP No. 89300.On July 6, 2001, Rosalie Chua filed a complaint for unlawful detainer with damages before the Metropolitan Trial Court (MeTC), Branch 78, Paranaque City (Civil Case No. 2001-315), attaching a printed Contract of Lease purportedly executed in December 1999 for two cubicles for six years at P60,000 monthly (with a 10% yearly increase). The MeTC found for Rosalie and ordered ejectment of the Spouses Latip, plus arrearages and monthly rents as stipulated in the lease, attorney’s fees and costs.
The Spouses Latip answered, contending they had in October–December 1999 paid a total of P2,570,000 (three receipts in Rosalie’s handwriting: P2,000,000 by check, P500,000 cash, P70,000 cash) as payment for lease rights (or at least as payments modifying/superseding the lease), and they counterclaimed. The Regional Trial Court (RTC), Branch 274, Paranaque City (Civil Case No. 04-0052), reversed the MeTC on September 24, 2004, finding the written Contract of Lease defective in several particulars but concluding a six-year lease existed and that the P2,570,000 constituted full payment for the six-year lease; RTC rendered judgment for the Spouses Latip, awarding moral and exemplary damages, attorney’s fees and costs.
On appeal, the Court of Appeals reversed the RTC and reinstated the MeTC decision. The CA accepted Rosalie’s position that the receipts represented customary “goodwill money” paid by prospective stallholders in the Baclaran area, and it took judicial notice of that local practice (bolstered by a joint declaration...(Pro-only)
Issues:
- Did the Court of Appeals properly take judicial notice that the payment of “goodwill money” to lessors is a common practice in the Baclaran area?
- Should the Spouses Latip be ejected from the leased cubicles—i.e., do the contract and receipts show full payment of the six-year lease or only advanced rentals, and thus is Rosalie e...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)