Fernandez vs. Amagna Case Digest
3M3, Group #5
Bautista, Shaira
Dalican, Annesherica
Flores, Carl Michael
Seno, Charina
Fernandez vs. Amagna
G.R. No. 152614 (September 30, 2009)
601 SCRA 330-350
Facts:
Salvador A. Fernandez, the lessee, and Cristina D. Amagna, the lessor, had a verbal lease agreement on a monthly basis. A lease on a month-to-month basis provides for a definite period and may be terminated at the end of any month by failure of the lessee to pay the rents due for a particular month that is stipulated under Article 1687.
On September 23, 1996 Amagna filled an ejectment case to Fernandez because from July 1995 up to the filing of ejectment complaint, Fernandez failed to pay his rent for over 3 months and even refused to pay his unpaid rentals and vacate the leased premises despite the demand to do so.
On May 15, 1997 Fernandez filed a petition for Consignation and deposited his arrears in rent computed at the rate of P420.00 per month which Amagna claimed to be P1,300.00.
Issue:
With the Consignation that Fernandez petitioned, does he have a right to stay over the said premises?
Ruling:
No, because the filed complaint for ejection was on September 23, 1996, while the consignation case only began on May 15, 1997. It was established that there was really an unpaid rental starting from July 1995; hence, petitioner becomes an unlawful occupant. As a result, Fernandez’s petition for reconsideration was denied by the Court of Appeals and he was ordered to vacate the premises of the lessor and pay the unpaid rentals.
“Wherefore, the petition for review is hereby DENIED. The assailed decision of the CA in CA-G.R. SP No. 46910 is hereby AFFIRMED.”
Bautista, Shaira
Dalican, Annesherica
Flores, Carl Michael
Seno, Charina
Fernandez vs. Amagna
G.R. No. 152614 (September 30, 2009)
601 SCRA 330-350
Facts:
Salvador A. Fernandez, the lessee, and Cristina D. Amagna, the lessor, had a verbal lease agreement on a monthly basis. A lease on a month-to-month basis provides for a definite period and may be terminated at the end of any month by failure of the lessee to pay the rents due for a particular month that is stipulated under Article 1687.
On September 23, 1996 Amagna filled an ejectment case to Fernandez because from July 1995 up to the filing of ejectment complaint, Fernandez failed to pay his rent for over 3 months and even refused to pay his unpaid rentals and vacate the leased premises despite the demand to do so.
On May 15, 1997 Fernandez filed a petition for Consignation and deposited his arrears in rent computed at the rate of P420.00 per month which Amagna claimed to be P1,300.00.
Issue:
With the Consignation that Fernandez petitioned, does he have a right to stay over the said premises?
Ruling:
No, because the filed complaint for ejection was on September 23, 1996, while the consignation case only began on May 15, 1997. It was established that there was really an unpaid rental starting from July 1995; hence, petitioner becomes an unlawful occupant. As a result, Fernandez’s petition for reconsideration was denied by the Court of Appeals and he was ordered to vacate the premises of the lessor and pay the unpaid rentals.
“Wherefore, the petition for review is hereby DENIED. The assailed decision of the CA in CA-G.R. SP No. 46910 is hereby AFFIRMED.”