Title
Lanuza vs. Munoz
Case
G.R. No. 147372
Decision Date
May 27, 2004
Respondent Muñoz sued petitioners for unlawful detainer after withdrawing tolerance of their occupancy; SC ruled no prior demand to vacate needed, remanded case to MTC.

Case Summary (G.R. No. 147372)

Background Information

MuAoz contended that she acquired ownership of the property and subsequently allowed the petitioners to occupy specified doors of the apartment building on said land. Following a period of tolerance, she demanded payment of rents starting February 1997 but claimed that the Lanuzas failed to comply and refused to vacate the property, thus prompting the unlawful detainer suit. The initial complaint was filed in the Metropolitan Trial Court (MTC) of Muntinlupa City.

Jurisdictional Issues

The MTC dismissed MuAoz's complaint, determining it did not possess jurisdiction as there was no clear evidence of demand to vacate made prior to the filing of the complaint. The ruling was upheld by the Regional Trial Court (RTC). It established that demand was a jurisdictional prerequisite for the action, as MuAoz sought to claim back rental payments alongside recovery of possession.

Petition to the Court of Appeals

MuAoz appealed the dismissal to the Court of Appeals, which reversed the RTC’s ruling and remanded the case back to the MTC for further proceedings. The appellate court posited that the cause of action was based on the cessation of tolerance by the respondent for the Lanuzas' occupancy, rather than on the non-payment of rentals.

Legal Arguments Presented

Petitioners argued that the appellate court erred by not requiring a demand to vacate prior to filing the unlawful detainer case, claiming that this violated Section 2, Rule 70 of the 1997 Rules of Civil Procedure. They further claimed that precedents set in previous Supreme Court decisions mandated a demand for the case to proceed.

Court of Appeals' Reasoning

The Court of Appeals clarified that the basis of the complaint was the withdrawal of MuAoz’s tolerance of the Lanuzas' continued occupancy, distinguishing it from typical cases of unlawful detainer where rental payments are due. It was determined that as no formal lease existed, the allegations of non-payment could not serve as grounds for unlawful detainer.

Supreme Court's Review

Upon review, the Supreme Court found the factual findings of the appellate court to be binding and held that a demand to vacate is indeed not necessary in cases where the cause of action is based on withdrawal of tolerance. The Court emphasized that the legal framework referenced by the pet

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