Case Summary (G. R. No. L-17493)
Lease Agreement and Allegations
The plaintiff filed a complaint with the Court of First Instance of Zamboanga City on March 19, 1958, under Civil Case No. 717. He contended that after the death of Tan Cuan, the defendant continued making occasional rental payments but failed to pay for January and February of 1958 despite repeated demands. Malicsi sought to cancel the lease, recover unpaid rentals totaling P400, and claim attorney's fees amounting to P500.
Defendant's Response and Counterclaims
In her answer dated April 7, 1958, the defendant admitted the lease contract's existence but asserted that she had paid the rentals in advance, claiming that Malicsi received payments through a related restaurant. Additionally, she raised a special defense indicating that funds were deposited with the clerk of court and could not be withdrawn due to a legal dispute involving another party. As part of her counterclaim, she sought P700 for prior rentals, P25,000 for moral damages, and P3,000 in attorney's fees.
Trial Court Decision
Following due process and evidence submission from both parties, the trial court issued a decision on March 16, 1960, ruling in favor of Malicsi. The court declared the lease contract rescinded, ordered the defendant to vacate the premises within thirty days, and mandated the payment of accrued rentals with interest, continued rent until vacating, attorney's fees, and costs of the proceedings. The counterclaim was dismissed.
Appeal by Defendant
The defendant’s motion for reconsideration was denied, prompting her to appeal directly to a higher court. She argued that a lease contract is not susceptible to rescission under Article 1381 of the Civil Code. However, the appeal was dismissed as the relevant law explicitly permits rescission when one party fails to meet payment obligations, which was the case here.
Court's Analysis and Findings
The appellate court affirmed the trial court's decision, highlighting that the failure to pay rent justified the rescission of the lease. The argument that the plaintiff had n
...continue readingCase Syllabus (G. R. No. L-17493)
Case Background
- Plaintiff: Alberto E. Malicsi
- Defendant: Rosalia A. Carpizo, administratrix of the estate of Tan Cuan
- Date Filed: March 19, 1958
- Court: Court of First Instance of Zamboanga City
- Case Number: Civil Case No. 717
- Relevant Dates:
- Contract of Lease signed on April 6, 1951
- Death of Tan Cuan in May 1955
- Default in rental payments began in January 1958
Contract of Lease
- The contract was for a period of 17 years covering a portion of Lot No. P. L. 6 in Zamboanga City.
- Property Details:
- Area: 180 square meters, valued at P5,400.00
- Monthly Rent: P200.00, payable within 10 days of each month
- Post-death Payments: Defendant continued to make intermittent rental payments after Tan Cuan's death.
Plaintiff's Allegations
- Plaintiff alleged that the defendant failed to pay the monthly rentals for January and February 1958 despite repeated demands.
- Plaintiff sought the following remedies:
- Rescission of the lease contract
- Order for the defendant to vacate the premises
- Accrued rent of P400.00 for January and February 1958 with interest
- Continuation of rental at P200.00 until vacated
- Attorney’s fees of P500.00
- Costs of proceedings
Defendant's Response
- Defendant admitted the existence of the contract but denied failure to pay rent, claiming she