SANTOS vs COURT OF APPEALS Case Digest


G.R. No. 60210. March 27, 1984.]

ARTURO P. SANTOS and ADELINA Y. SANTOS, Petitioners, v. THE COURT OF APPEALS and AURORA GUTIERREZ, Respondents.

Facts:   This is a petition for review on certiorari from the decision of Court of Appeals affirming the  unlawful detainer case instituted by  Aurora Gutierrez  against  Arturo P. Santos and Adelina Y. Santos. The subject apartment must be vacated on grounds that she needs the premises for her personal use and the necessity of repairs thereon, and that the petitioners were delinquent in the payment of rentals.Petitioners, in their "Answer with Counterclaim" admit that they are "the legitimate tenants and/or lessees of the  apartment with the present rental rate of P250.00 per month, on a month-to-month contract of lease.
Issue :  Whether or not the respondent court erred in stating that a contract of lease of residential apartment involving a rental of P250.00 a month may be terminated at the end of the month without default on the part of the lessee.
Held:  No.The aforequoted provision of the agreement on occupancy of the apartment cannot but mean as providing for a definite period of the lease. The parties expressly agreed that upon proper notice, one may terminate the agreement. As stated in Rantael v. Court of Appeals, 97 SCRA 453, 459 —

". . . The contractual relations between petitioner Rantael and respondent Llave ceased after the expiration of the first thirty days reckoned from August 1, 1974 but continued for the next thirty-day period and expired after the last day thereof, repeating the same cycle for the succeeding thirty-day periods, until the said respondent Llave exercised her express prerogative under the agreement to terminate the same. Therefore the petition  was dismissed, affirming the respondent court  and ordered that the  premise considered have to be vacated by the petitioners .



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