Title
Tubiano vs. Razo
Case
G.R. No. 132598
Decision Date
Jul 13, 2000
A lessee, notified of lease termination, failed to appear at preliminary conferences, leading to an ejectment ruling upheld by courts, affirming summary proceedings and valid lease termination.
ejectment case
trial court
preliminary conference
A

Case Digest (G.R. No. 132598)

Facts:

  • Background of the Case
    • Private respondent is the owner of the subject premises at No. 124-C Kampupot Street, 10th Avenue, Kalookan City.
    • The premises were leased to petitioner on a month-to-month basis.
    • The lease contract was terminated when the lessor notified the lessee—not to renew—first in August 1994 and then reiterated in a final letter dated September 7, 1994, which was duly received by petitioner.
  • Initiation of the Ejectment Proceedings
    • On October 25, 1994, a complaint for ejectment was filed by private respondent before the Metropolitan Trial Court of Kalookan City as a summary proceeding under the Revised Rules on Summary Procedure.
    • Summons was issued and served on petitioner on November 16, 1994.
    • Instead of filing an answer within the mandated ten-day period, petitioner filed a Motion for Extension of Time to File an Answer, which was granted by Judge Armando de Asa at Branch 51.
    • Later, the case was transferred to Branch 52 for consolidation with another case for consignation previously filed by petitioner.
  • Pre-Trial Proceedings and Postponements
    • The case was scheduled for a preliminary conference on February 17, 1995, but it was canceled and deferred upon petitioner’s request to secure counsel.
    • At the subsequent preliminary conference on April 20, 1995, private respondent sought a postponement, and the conference was reset to May 25, 1995.
    • On May 25, 1995, petitioner again filed a motion for postponement based on a medical certificate attesting to her hypertension, purportedly affecting her on May 24, 1995.
    • The trial court, through Judge Delfina Hernandez Santiago of Branch 52, denied the motion due to:
      • The certificate only showing treatment for hypertension on the specified day without ordering a rest period.
      • Lack of evidence that the plaintiff had been furnished with a copy of the certificate.
    • The trial court then considered the case as submitted for decision based solely on the contents of the complaint.
  • Judgment and Subsequent Appeal
    • A judgment in favor of private respondent was rendered on June 26, 1995.
    • Petitioner filed a notice of appeal on August 7, 1995.
    • The case was returned to the trial court for failing to comply with the constitutional requirement of stating facts and the applicable law in the decision.
    • An amended decision with factual findings and conclusions of law was promulgated on May 2, 1996, by Judge Santiago.
    • On July 30, 1996, the Regional Trial Court (RTC) directed both parties to submit their memorandum within fifteen (15) days. Only private respondent complied.
    • Judgment affirming the Metropolitan Trial Court’s decision was rendered on September 6, 1996.
    • A change of counsel occurred: Atty. Antonio E. Seludo withdrew on September 10, 1996, and was replaced by Atty. Emmanuel M. Basa.
    • The Court of Appeals handed down its decision on November 25, 1997, affirming in toto the decisions of the lower courts.
  • Grounds Raised in the Petition
    • Petitioner alleged that:
      • The lower courts erred by declaring the ejectment case as submitted for decision solely on the complaint, due to her absence at the preliminary conference on May 25, 1995, thus denying her due process.
      • The lease contract was not validly terminated.
      • The RTC erred in deciding the case on appeal without giving petitioner the opportunity to file her memorandum.
    • Petitioner also argued that the complaint for ejectment was premature because the lease, being month-to-month, was presumed to have expired at the end of October 1994.
  • Relevant Procedural and Substantive Provisions
    • Section 6 of the Rules on Summary Procedure provides that in case of failure to answer, judgment may be rendered based solely on the facts alleged in the complaint.
    • Section 7 sets the rules for the preliminary conference and appearance, noting that the absence of the plaintiff is a ground for dismissal, while the sole absence of the defendant leads to judgment on the complaint.
    • Administrative Circular No. 28 clarifies that the submission of memoranda is not mandatory.
  • The Court’s Findings on the Lease Termination
    • The court relied on previous jurisprudence (e.g., Racaza vs. Susana Realty, Inc. and Co Tiamco v. Diaz) to hold that:
      • In a month-to-month lease, the expiration of the term is the ground for termination, not nonpayment or breach of conditions.
      • The notice to vacate serves to indicate the lessor’s intention to terminate the lease and does not require a formal demand if the lease term has expired.

Issues:

  • Due Process Concerns
    • Whether petitioner’s absence from the preliminary conference on May 25, 1995, deprived her of her right to due process.
  • Validity of Lease Termination
    • Whether the month-to-month lease contract was validly terminated by the lessor’s notices issued in August and September 1994.
  • Opportunity to File Memorandum
    • Whether the RTC erred in proceeding with the decision on appeal despite petitioner’s failure to file the required memorandum, considering the reglementary period had been observed by counsel.
  • Prematurity of the Ejectment Complaint
    • Whether filing the complaint on October 25, 1994, was premature given petitioner’s claim that the lease contract expired at the end of October 1994, thereby lacking cause of action.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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