pLEASE.pdf

(2) Agents, the property whose administration or sale may have

1. TRUE

A contract of lease of things is a consensual, bilateral, onerous,

been intrusted to them, unlessthe consent of the principal has

and commutative contract by which a person temporarily grants

been given;

the use or enjoyment of certain property to another who

(3) Executors and administrators, the property of the estate under

undertakes to pay rent or a price certain therefor, said contract to

administration;

last for a period which is either defi nite or indefi nite, but in no

(4) Public officers and employees, the property of the State or of

case should exceed 99 years. (Art. 1643; 4 Sanchez Roman 736;

any subdivision thereof, or of any government owned or

and Lim Si v. Lim, L-8496, Apr. 25, 1956).

controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges

2. A contract of lease for professional services may be implied because no

and government experts who, in any manner whatsoever, take

specific form is required.

part in the sale;

TRUE. One who performs work or service in favor of another who

(5) Justices, judges, prosecuting attorneys, clerks of superior and

impliedly consents thereto and who benefits thereby, is entitled to compensation by virtue of an innominate contract (Art. 1307)

inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation

of facio ut des or of the case of services tacutly contracted in

or levied upon an execution before the court within whose

which case the courts will fix the reasonable worth of the services

jurisdiction or territory they exercise their respective functions;

rendered (Arroyo v Azur 76 Phil 493).

this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights

3. In lease of things, one of the parties binds himself to render to the other

which may be the object of any litigation in which they may take

some service for a price certain, but the relation of principal and agent does

part by virtue of their profession;

not exist between them.

(6) Any others specially disqualified by law. (1459a)”

FALSE. Lease of service not lease of things 13. Question: The contract of lease shall not bind third persons unless 4. The term price certain must be in money or its equivalent

recorded

FALSE. It may be in money, fruits or some other useful

Answer: TRUE.

things/prestation. Tolentino, p. 206 General rule: contract of lease does not bind third persons 5. A lease for 99 years is valid. TRUE. Art. 1643 "... for a period which may be definite or indefinite. However, no lease for more than 99 years shall be

Exceptions: 1. In case of lease of real estate recorded in the registry of

valid."

property 2. If not recorded, it shall be binding if third persons have actual

As long as is it not more than 99 years,it is valid. This is with

knowledge. Actual knowledge is equivalent to registration

regard to an indefinite period of lease. 14. The lessee has a right to sublet the thing leased without express 6. It is required that the lessor is the owner of the thing leased.

prohibition.

Ans: FALSE. Ownership on the part of the lessor is not necessary

Answer: TRUE. (BASIS: ART. 1650. When in the contract of lease of

to constitute a contract of lease (Pineda, p. 452; Mem Aid 2015, p. 368).

things there is no express prohibition,the lessee may subletthe thing leased, in whole or in part, without prejudice to his

7. The contract of lease for the lease of services may be definite or

responsibilty for the performance of the contract toward the

indefinite.

lessor.)

TRUE. Art. 1697 and Kasamahan law for household help, Labor

Code for laborers, Civil Code for common carriers - period can be fixed or not

15. The lessor may hold the sublessee subsidiarily liable for any rent due

fixed

from the lessee.

8-12. Persons disqualified to become lessees.

TRUE. ARTICLE 1652. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. However, the sublessee shall not be

Answer: Art. 1646. The persons disqualified to buy referred to in

responsible beyond the amount of rent due from him, in accordance with the

Articles 1490 and 1491, are also disqualified to become lessees of

terms of the sublease, at the time of the extra-judicial demand by the lessor.

the things mentioned therein. 16-17. What are the warranties in a contract of lease?

Article 1490. The husband and the wife cannot sell property to

Ans:

each other, except: (1) When a separation of property was agreed upon in the marriage settlements; or (2) When there has been a judicial separation of property under article 191. (1458a)

16. To warrant ejectment on the ground of need for personal use

of the owner and the immediate member of his family as a residential unit; and 17. To warrant ejectment on the ground of need of the lessor to

make necessary repairs of the leased premises which is the subject of an order of condemnation in order to make the premises safe and habitable.

Article 1491. The following persons cannot acquire by purchase,

(R.A. 9341, Sec. 7 (c), (d); pp. 1014-1015, Jurado Reviewer)

even at a public or judicial auction, either in person or through the mediation of another: (1) The guardian, the property of the person or persons who may be under his guardianship;

18-20.)Obligations of the lessor

a.) Not to alter the form of the thing leased (Art. 1661) b.) Protect the lessee’s possession from prejudicial acts of third persons (Bercero vs. Capital Development) c.) Deliver the object of the lease (Art. 1654 [1])

d.) Maintaienance of peaceful and adequate possession in case of

4. To pay expenses for the deed of lease.

legal trespass (Art. 1654 [3])

5. To notify lessor of usurpation or untoward acts.

e.) Make necessary repairs (Art. 1654[2])

6. To notify lessor of need of repairs. 7. To return the property upon the termination of lease (Art 16571633)

21-23 Rights of the lessor

A. Rescission and Damages B. Damages only

33-36. Rights of the lessee.

C. Ejectment

1.) Right to suspend payment in case the lessor fails to make the necessary repairs or tomaintain the lessee in peaceful and adequate enjoyment of the property leased. (Art. 1658)

24 to 28

2.) Right to sublease when there is no express prohibition (Art.

Causes for Ejectment

Art. 1673. The lessor may judicially eject the lessee for any of the

1650)

following causes: 1) when the period agreed upon, or that which is fixed for the

3.) Right to make useful improvements which are suitable to the use for which the lease is intended, without altering the form and

duration of the lease under Art. 1682 and 1687, has expired

substance of the property leased and to demand one half of the

2) lack of payment of the price stipulated

value of the improvements at that time upon termination of the

3) violation of any of the conditions agreed upon in the contract

lease (Art. 1678)

4) when the lessee devotes the thing leased to any use or service

4.) Right to continue the lease even after the sale of the leased

not stipulated which causes the deterioration thereof, or if he

property provided the lease is recorded in the Registry of Property

does not observe the requirement in No. 2 of Art. 1657, as

and if not, when there is stipulation in the contract of sale, or

regards the use thereof.

when the purchaser knows of the existence of the lease. (Art. 1676, par.1)

The ejectment of tenants of agricultural lands is governed by special laws.

37. The destruction of the thing by fortuitious event obligates the lessor to rebuild. Alternative Answer:

FALSE. The remedy of lessee in case of partial destruction is to

24 to 28: causes of ejectment

rescind or ask for proportionate reduction of price and not to ask

Under rent control act of 2009:

lessor to rebuild it; neither is there an obligation to rebuild if

A. Assignment of lease or subleasing of residential units in whole or in part including the acceptance of

there is total destruction since the contract of lease is now extinguished (Art. 1655)

boarders or bedsoacers without the written consent of the owner or lessor

38. Q: There is an implied new lease if at the end of the contract of lease, the lessee continues to enjoy the thing leased for 15 days even without the

B.arrears in the payment of rent for a total of 3 months.

acquiescence of the lessor.

A: FALSE. Art. 1670 provides that it must be with the acquiescence of the lessor.

C. Legitimate need of the owner or lessor to repossess his share or his property for his or her own use or for

39. The lessee in a lease of rural lands has a right to a reduction of rental

the use of any immediate member of his family as a

for loss of the fruits of more than one-half and due to extraordinary and

residential unit

unforeseen event.

ANS: TRUE. ART. 1680. The lessee shall have no right to a D. Need of the lessor to make necessary repairs of the

reduction of the rent on account of the sterility of the land leased,

leased premises which is the subject of an existing

or by reason of the loss of fruits due to ordinary fortuitous events;

order of condemnation by appropriate authorities

but he shall have such right in case of the loss of more than one-

concerned in order to make the said premises safe and habitable

half of the fruits through extraordinary and unforeseen fortuitous events, save always when there is a specific stipulation to the contrary.

E. Expiration of period of the lease contract Extraordinary fortuitous events are understood to be: fire, war, *except when the lease is for a definite period,

pestilence, unusual flood, locusts, earthquake, or others which

provision of par 1 of article 1673 of NCC insofar as they

are uncommon, and which the contracting parties could not have

refer to residential units covered by the rent control

reasonably foreseen.

law shall be suspended. 40. A tenant on shares m ay be ejected if the landholder intends to cultivate (Meron kasing ibang grounds sa Article 1673 civil code

the land hinself personally or through the employment of machinery or

for judicial ejectment. So di ko Alam if alin sa 2 ang

equipments.

hinahanap ni VD.)

FALSE. Tenant on shares cannot be ejected except in cases

specified by the law. 29-32 Obligations of the lessee:

1. To pay rent.

Section 36 of R.A. No. 3844 enumerates these grounds, to wit:

2. To use thing leased as a diligent father of family, devoting it to the use stipulated.

SEC. 36. Possession of Landholding; Exceptions.

3. to make urgent repairs even if annoying to him unless the place

Notwithstanding any agreement as to the period or future

becomes uninhabitable.

surrender of the land, an agricultural lessee shall continue in the

enjoyment and possession of his landholding except when his dispossession has been authorized by the Court in a judgment that is final and executory if after due hearing it is shown that: (1) The agricultural lessor owner or a member of his immediate family will personally cultivate the landholding or will convert the landholding, if suitably located, into residential, factory, hospital or school site or other useful non-agriculturalpurposes: Provided; That the agricultural lessee shall be entitled to disturbance compensation equivalent to five years rental on his landholding in addition to his rights under Sections [25] and [34], except when the land owned and leased by the agricultural lessor is not more than five hectares, in which case instead of disturbance compensation the lessee may be entitled to an advance notice of at least one agricultural year before ejectment proceedings are filed against him: Provided, further, That should the landholder not cultivate the land himself for three years or fail to substantially carry out such conversion within one year after the dispossession of the tenant, it shall be presumed that he acted in bad faith and the tenant shall have the right to demand possession of the land and recover damages for any loss incurred by him because of said dispossession;

(2) The agricultural lessee failed to substantially comply with any of the terms and conditions of the contract or any of the provisions of this Code unless his failure is caused by fortuitous event or force majeure;

(3) The agricultural lessee planted crops or used the landholding for a purpose other than what had been previouslyagreed upon; (4) The agricultural lessee failed to adopt proven farm practices as determined under paragraph 3 of Section *29+;

(5) The land or other substantial permanent improvement thereon

is

substantially

damaged

or

destroyed

or

has

unreasonably deteriorated through the fault or negligence of the agricultural lessee;

(6) The agricultural lessee does not pay the lease rental when it falls due: Provided, That if the non-payment of the rental shall be due to crop failure to the extent of seventyfive per centum as a result of a fortuitous event, the non-payment shall not be a ground for dispossession, although the obligation to pay the rental due that particularcrop is not thereby extinguished; or (7) The lessee employed a sublessee on his landholding in violation of the terms of paragraph 2 of Section [27].