Case Summary (G.R. No. L-17493)
Lease Agreement and Claims
The dispute arose from a Contract of Lease dated April 6, 1951, wherein Malicsi leased a portion of land to Tan Cuan for 17 years. The leased property was described as 180 square meters in Zamboanga City, with a monthly rental of P200. Following the death of Tan Cuan in May 1955, Carpizo, as administratrix, made intermittent rental payments until January and February 1958, which went unpaid despite multiple demands from Malicsi. In his complaint filed on March 19, 1958, Malicsi sought to rescind the lease agreement, obtain possession of the property, and recover P400 in unpaid rents, plus attorney fees.
Defendant's Answer and Counterclaims
In her answer filed April 7, 1958, Carpizo admitted the existence of the lease but denied failing to pay rent, claiming she had overpaid by P700, representing collections from a restaurant which Malicsi had rented out. As a special defense, she argued that funds were locked with the Clerk of Court due to another pending case. Carpizo also filed a counterclaim seeking P700 for alleged overpayments, P25,000 in moral damages, and P3,000 in attorney fees.
Trial Court Proceedings and Decision
The trial commenced, and upon Malicsi's presentation of evidence, Carpizo opted not to present any defense evidence. The trial court, in its decision on March 16, 1960, ruled in favor of Malicsi, declaring the lease contract rescinded and requiring Carpizo to vacate the property within 30 days. The court also awarded Malicsi the accrued unpaid rentals with interest, continuing rental payments until vacated, attorney fees, and costs of litigation. The counterclaim was dismissed.
Appeal and Legal Contentions
Carpizo appealed, disputing the trial court's cancellation of the lease contract. She contended that the lease was not among contracts deemed rescissible under Article 1381 of the Civil Code. However, the court referenced Article 1659, which states that rescission is permitted if the lessee defaults on rental payments. The court affirmed its stance, emphasizing Carpizo's failure to pay rent as grounds for rescission.
Additional Defenses and Court Findings
Carpizo further argued that claims for unpaid rents should be filed against the estate of Tan Cuan. However
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Case Overview
- This case involves a dispute over a lease agreement between the plaintiff, Alberto E. Malicsi, and the defendant, Rosalia A. Carpizo, who is the administratrix of the estate of the deceased Tan Guan.
- The case was filed in the Court of First Instance of Zamboanga City under Civil Case No. 717 on March 19, 1958.
- The primary issue is the cancellation of the lease contract due to non-payment of rent.
Factual Background
- On April 6, 1951, Malicsi and Tan Cuan entered into a lease contract for a portion of Lot No. P. L. 6, situated in Zamboanga City, covering 180 square meters with a monthly rental of P200.
- The lease was for a period of seventeen years and required rental payments to be made within ten days of each month.
- Following Tan Cuan's death in May 1955, Carpizo, as administratrix, made intermittent rental payments until January and February 1958, when payments ceased despite repeated demands from Malicsi.
- Malicsi sought legal remedies, including cancellation of the lease, recovery of unpaid rents, and attorney's fees.
Defendant's Position
- Carpizo acknowledged the lease agreement but contested the claim of non-payment, asserting that she had prepaid for ten months of rent through collections from a restaurant.
- She also claimed that the funds of the estate wer