CORRECTED:
into the contract of lease of lessees of the things under 1491
1. Dean J and U may enter into
a singke sale, lease and
mortgage of the same
property in 1 and same
document without affecting
their validity
2. Caveat emptor and venditor F answer even for a mere act of
apply to voluntary sale, forced Both do not apply to lease of
sale, and lease of things. things.
3. In a sale of goods, there is a T
possibility thar vendor may be
deeemed to have complied
with the prestation even if he
does not delivery the goods
4. Recto law applies to
assignment of credit and
incorporeal rights.
5. An informal settler can validly T
lease but nto sell the land and
improvement occupied by him
6. A contract of lease is
consensual, nominate,
bilateral, onerous, and
remunatory.
7. Lease of professional services T
may be implied because no
specific form is required.
8. Lease of work, lessee
becomes the agent of the
lessor but only with respect to
the particular work performed.
9. Exceptionally, a portion of the
town plaza which is property
for public use may be the
object of lase
10. Persons enumerated in 1491
are prohibited from entering 1646 – only disqualified to become
T service
11. A right may also be the object T
of a contract of lease and the
compensation is referred to as
royalty
12. The lessee is obliged to F
trespass which a 3rd party may Not obliged to answer
cause on the use of the thing
leased but lessee shall have a
different action against
intruder.
13. When lessor repairs the thing F
leased but the lessee is not 1658 – Lessee may suspend
satisfied, latter may suspend payment of rent in case lessors fail
T payment of rent. to make necessary repairs or
maintain lease in a peaceful and
adequate enjoyment of property
leased
14. If lessee fails to comply with F.
his obligations, lessor may file He may file an action for
F an action for rescission and rescission w/ damages or
Principal, not remunatory. action for damages only. damages only.
15. If lessor sells the leased F
Rescissible only when in BF
property to a 3rd person in
violation of the right of 1st
refusal given to lessee,
contract is rescissible
regardless of GF of buyer.
F
1644 – relation of principal and 16. Lessor has subrogatory right F
agent does not exist between against a sub-lessee for 1652 – The sub lessee is
them. unpaid rent. subsidiarily liable to the lessor for
any rent due from the lessee.
T
17. A lease extendible by mutual T
agreement would simply
amount to a right of 1st refusal
F in favor of the lessee so that
even if a 3rd party would offer
QUIZ 5_CIVREV 1
 a higher rent, lease in favor of lease that all improvements Stipulation not contrary to law, etc
1st lessee will not be extended introduced by lessee without is valid and binding.
unless he matches the offer reimbursement is not valid.
18. A contract for the lease of F. 27. Lease of determinate time T
vibrator is personal and thus ceases upon day fixed without
terminated by death of lessee. Not terminated by death of either. need of demand.
19. An implied new lease may F 28. X 3 modes to terminate lease:
result even if there is an No impled renewal of lease where  Purchaser of piece of land
express stipulation to the parties stipulated that there would
29. x
under an unrecorded sale
contrary be no renewal by implication. 30. x  Expiration of period
 Total destruction due to FE
20. An implied new lease is for F
 Dwelling/building intended
the same period as the Instead of the original period,
period of new lease will be accdg brings imminent and seriour
original lease but a guaranty
to the character of property and danger to life/health
executed by a 3rd person in
favor of the lessor shall cease mode of payment of rent.
with respect to the new lease
21. Failure to pay rentals makes F
possession unlawful Unless coupled with a refusal on
part of lessor to pay after lawful
demand.
22. Provision in contract of lease F
that improvements introduced
by lessee will accrue to lessor
upon termination of lease Rules on sales will not apply.
shall be governed by rules on
sale of property
23. Lessor may terminate lease T
when rentals are not paid
without need of court action
24. Contract of sale entered in T
violation of right of 1st refusal
is valid
25. Lessee in a lease of rural F
lands has a right to reduction Loss must be more than ½ of
of rental on account of sterility fruits.
of land and for loss of fruits
due to extraordinary and
unforeseen event.
26. A provision in a contract of F 1. A contract of lease is F

QUIZ 5_CIVREV 2
 consensual, nominate,
bilateral, onerous, and
remunatory.
2. Lease of professional
services may be implied
because no specific form is
required.
3. Lease of work, lessee
becomes the agent of the
lessor but only with respect
to the particular work
performed.
4. The term ‘price certain’
must be in money or its
equivalent.
5. Contract of lase for 99
years is void.
6. Exceptionally, a portion of
the town plaza which is
property for public use may
be the object of lase
7. Period in a contract of
lease for services may be
definite or indefinite
8. X
9. X
10. X
11. X
12. X
13. Persons enumerated in
1491 are prohibited from
entering into the contract of
lease of service
14. A right may also be the
object of a contract of lease
and the compensation is
referred to as royalty
15. The lessee is obliged to
answer even for a mere act
of trespass which a 3rd
party may cause on the use
Principal, not remunatory. of the thing leased but lessee in peaceful and adequate
lessee shall have a enjoyment of property leased.
different action against
T intruder.
16. When lessor repairs the F
thing leased but the lessee
is not satisfied, latter may 1658 – Lessee may suspend
F suspend payment of rent. payment of rent in case lessors fail
1644 – relation of principal and to make necessary repairs or
agent does not exist between them. maintain lease in a peaceful and
adequate enjoyment of property
leased
F 17. If lessee fails to comply F
A price certain exists when the with his obligations, lessor
same can be ascertained accdg to may file an action for Rescission and damages
customs and usage of place. rescission and action for Damages only
F damages only.
More than 99 years is invalid 18. X Warranties in contract of lease
F 19. X  Lessors right to lease thing
 Lessee enjoy legal and
??? peaceful possession
 Fit for use
F  Free from hidden
Indefinite period only apply to lease fault/defect
of things. 20. If lessor sells the leased F
5 Persons who are disqualified to property to a 3rd person in
become lessees violation of the right of 1st Rescissible only when in BF
 Guardian refusal given to lessee,
 Agents contract is rescissible
 Executors/admin regardless of GF of buyer.
 PO/E 21. Lessor has subrogatory F
 Justices/judges right against a sub-lessee
F for unpaid rent. 1652 – The sub lessee is
1646 – only disqualified to become subsidiarily liable to the lessor for
lessees of the things under 1491 any rent due from the lessee.
However, the sublessee shall not be
T responsible beyond the amount of
rent due from him, in accordance
??? with the terms of the sublease, at
the time of the extrajudicial demand
F by the lessor.
Lessee may suspend the payment Payments of rent in advance by the
of rent in case lessor fails to make sublessee shall be deemed not to
necessary repairs or to maintain have been made, so far as the
QUIZ 5_CIVREV 3
 lessor's claim is concerned, unless lessee will not be extended
said payments were effected in unless he matches the offer
virtue of the custom of the place. 30. A contract for the lease of T
22. X Obligations of lessor vibrator is personal and
23. X (1) To deliver the thing which is the thus terminated by death of ??
24. X object of the contract in such a lessee.
condition as to render it fit for the 31. An implied new lease may F
use intended; result even if there is an
(2) To make on the same during the express stipulation to the No impled renewal of lease where
lease all the necessary repairs in contrary parties stipulated that there would
order to keep it suitable for the use be no renewal by implication.
to which it has been devoted, 32. An implied new lease is for F
unless there is a stipulation to the the same period as the
contrary; original lease but a Instead of the original period,
(3) To maintain the lessee in the guaranty executed by a 3rd period of new lease will be accdg to
peaceful and adequate enjoyment of person in favor of the the character of property and mode
the lease for the entire duration of lessor shall cease with of payment of rent.
the contract. respect to the new lease
25. X Obligatons of lessee 33. X Rights of lessee
26. X (1) To pay the price of the lease 34. X  Demand delivery of thing
27. X according to the terms stipulated; 35. X  Peaceful and adequate
28. X (2) To use the thing leased as a 36. X enjoyment for entire
diligent father of a family, devoting
duration
it to the use stipulated; and in the
absence of stipulation, to that which  Sub-lease (UNL stipulation
may be inferred from the nature of to contrary)
the thing leased, according to the  Choose between
custom of the place; proportional reduction of
(3) To pay expenses for the deed of rent and rescission of lease
lease. if thing is partially
(4) to bring to the knowledge of the destroyed by FE.
proprietor, within the shortest  Terminate lease if in
possible time, every usurpation or condition that brings
untoward act which any third imminent/serious danger
person may have committed or may  Ask for proportional
be openly preparing to carry out reduction if urgent repairs
upon the thing leased last for more than 40 d
29. A lease extendible by T 37. X Grounds for ejectment
38. X (1) When the period agreed upon, or
mutual agreement would
39. X that which is fixed for the duration
simply amount to a right of
40. X of leases under Articles 1682 and
1st refusal in favor of the
1687, has expired;
lessee so that even if a 3rd
(2) Lack of payment of the price
party would offer a higher
stipulated;
rent, lease in favor of 1st
(3) Violation of any of the conditions

QUIZ 5_CIVREV 4

41. Destruction of thing by FE
obligates lessor to rebuild
the thing leased
42. Failure to pay rentals
makes possession unlawful
43. Provision in contract of
lease that improvements
introduced by lessee will
accrue to lessor upon
termination of lease shall
be governed by rules on
sale of property
44. Lessor may terminate lease
when rentals are not paid
without need of court action
45. Contract of sale entered in
violation of right of 1st
refusal is valid
46. Lessee in a lease of rural
lands has a right to
reduction of rental on
account of sterility of land
and for loss of fruits due to
extraordinary and
unforeseen event.
agreed upon in the contract; fortuitous events, save always when
(4) When the lessee devotes the there is a specific stipulation to the
thing leased to any use or service contrary.
not stipulated which causes the Extraordinary fortuitous events are
deterioration thereof; or if he does understood to be: fire, war,
not observe the requirement in No. pestilence, unusual flood, locusts,
2 of Article 1657, as regards the use earthquake, or others which are
thereof. uncommon, and which the
F contracting parties could not have
1655 – If the thing leased is totally reasonably foreseen.
destroyed by a fortuitous event, the 47. A provision in a contract of F
lease is extinguished. If the lease that all improvements
destruction is partial, the lessee introduced by lessee Stipulation not contrary to law, etc
may choose between a proportional without reimbursement is is valid and binding.
reduction of the rent and a not valid.
rescission of the lease. 48. Lease of determinate time T
F ceases upon day fixed
Unless coupled with a refusal on without need of demand.
part of lessor to pay after lawful 49. In an express trust, F
demand. acceptance by the trustee 1445 – No trust shall fail because
F is necessary for creation of the trustee appointed declines the
trust. designation, unless the contrary
No need to apply the rules on sales should appear in the instrument
of property. constituting the trust.
50. Acceptance by beneficiary F
is not necessary for the 1446 – Acceptance by the
creation of express trust. beneficiary is necessary.
T Nevertheless, if the trust imposes
no onerous condition upon the
beneficiary, his acceptance shall be
T presumed, if there is no proof to the
contrary.
51. A trustor may or may not F
F have the capacity to Trustor must have the capacity.
transfer the property.
1680 – The lessee shall have no 52. An express trust is created F
right to a reduction of the rent on by mere declaration of It is created by direct and positive
account of the sterility of the land trustee that he holds acts of parties.
leased, or by reason of the loss of property in trust.
fruits due to ordinary fortuitous 53. Trusts over real property T
events; but he shall have such right are enforceable in any
in case of the loss of more than form.
one-half of the fruits through 54. Trustee can acquire trust F
extraordinary and unforeseen property by adverse
QUIZ 5_CIVREV 5
 possession even w/o
repudiation of trust.
55. In order to bind 3rd persons
to a trust, same must be in
a public instrument.
56. Statute of limitations apply
to express trust.
57. Constructive trust is
imposed by law to carry out
the actual or presumed
intent of the parties if
express trust is prejudicial
to the interest of
beneficiary.
58. Resulting trusts are
established by law,
regardless of intention, in
order to prevent fraud,
oppression or unjust
enrichment.
59. No express trust
concerning an immovable
property or any interest
may be proven by parole
evidence.
60. There is a resulting trust
when a donation is made to
a person but appears
thought the legal estate is
transmitted to donee, he
nevertheless is either to
have no beneficial interest
or only a part thereof.
61. There is a constructive trust
when land passes by
succession and causes the
legal title to be put in name
of another.
62. There is a constructive trust
if the price of sale of
Trustee must perform unequivocal property is loaned or paid
acts of repudiation. by 1 person for benefit of
F another and conveyance is
made to lender or payor to
Personal property – proved by oral secure payment of debt.
evidence; Real property – public 63. Laches is a defense in T
instrument resulting trusts unless
F beneficiary had no
Express trusts do not prescribe as knowledge of facts.
long as they have not been 64. In express trusts, statute of T
repudiated. limitations does not apply
F to subsisting and
continuing trusts so long as
Resulting there is no denial or
repudiation thereof.
65. An oral trust is sufficient in T
case of trust over
personalty.
F 66. In case of impossible trust, T
court may authorize
Constructive deviation in interest of trust.
67. No need for trustee to F
render an account under Under ROC, he must render under
oath. oath at least 1x a year until his trust
T is fulfilled, unless he is excused, a
true account.
68. Trustor cannot prohibit T
alienation for a period of
more than 25 years.
T 69. Merger is a mode of T
extinguishment of implied
or express trust.
70. In an implied trust over a F
parcel of land, action to
recover must be brought It prescribes in 10 years.
within 5 years from
issuance of title to property.
T
Enumerations for LEASE
Characeteristics of contract of lease
T  Consensual
 Bialteral
QUIZ 5_CIVREV 6
  Onerous  Liable for loss or deterioration caused by his household, guest,
 Commutative vistors.
 Temporary
Remedies in case of breach
Who needs SPA to register  Rescission + damages
 Husband – wife's paraphernal real estate  Damageso only
 Father/guardian – minor or ward  Rescission and judicial ejectment
 Manager/administratior  Unlawful detainer

Obligations of lessor Lessee shall have a right to reduction in case of loss of more than ½ of the
 Deliver the thing fruits
 Necessary repairs  Extraordinary and unforeseen FE
 Peaceful and adequate enjoyment of lessee  No stipulataiton
 Warrant – eviction, hidden defects  Not lost after they have been separated from stalk, root or trunk
 Not to alter the form to impair its use
 Permit outgoing lessee to do whatever may be necessary (lease of Obligations of sub-lessee
rural lands)  Bound to lessor for all acts on use and preservation
 Subsidiary liable to lessor for any rent due to lessee
Remedies in case of breach of Lessor's obligations
 Rescission + damages EXC to the rule that purchaser of piece of land may terminate the lease
 Damages only  Stipulation to contrary
 Purchaser knows of the existence of lease
Rights of lessee  Fictitious sale
 Demand delivery
 Peaceful and adequate enjoyment REQS: Implied newl ease
 Sub-lease  Expired terminated
 Choose (reduction of rent and rescssion)  No notice to vacate
 Suspend payment  Continued enjoyment for 15 days w/ acquisence of the lessor
 Terminate lease
 Ask for proportional reduction of rent Periods of lease
 Year to year
Obligatioms of lessee  Month to month
 Pay price  Week to week
 Pay expenses for deed  Day to day
 Use as a DGOAF
Courts may fix a longer terminated
 Notify lessor of every usurpation or untoward act of 3rd perso
 More than 1 year occupation
 Notify owner of need for urgent repairs
 Over 6 months possession, if weekly
 Tolerate works of lessor for urgent repairs
 Over 1 month stay, if daily
 Return tjing upon termination
 Liable for loss or deterioration due to his own F/N

QUIZ 5_CIVREV 7
Right to ejectment  Edifice falls w/in 15 years from completion
 Expiration of period  Defects in construction/use of inferior quality materials
 Lack of payment of price  EA supervised the construction
 Violation of conditions agreed upon  Filed w/in 10 years following collpase
 Devotion of the thing to any use/service not stipulated which causes
deterioration Remedies of contractor in case of increase in costs
 Withdraw from contracting
Lesssor's options in case of useful improvements  Demand an increase in price
 Pay lessee ½ of value of improvements
 Refuse to reimburse but allwo lessee to remove Requisites of demand in increase of price
 Change in plans/specifications
Obligations of contractor  Authorized by proprietor in writing
 Produce the work  Additional price to be paid has been determined in writing by both
 Deliver thing parties
 Warranty of title
 Warranty vs hidden defects Contract is rescinded w/o contractor's fault
 Pay the price to 3rd party seller  Death of contractor
 Execute work as to qualities agreed upon  Cannot finish work due to circumstances beyong his control
 Remove defect or execute another work
(de leon)
Contract is still liable in case of acceptance of defects
Kinds of lease
 Hidden defect + cannot expect ER to recognize
 Things
 ER reserves his rights against contractor for HD
 Works
EXC to the rule that contractor cannot claim compensation if work destroyed  Service
before delivery
 ER delays in receiving
 Result of poor quality of material

Equitable compensation
 Cannot complete on account of defect in material furnished by ER
 Orders from ER, w/o any fault on contractor

Engineer is liable
 Drew up plans and specifications
 Collapsed w/in 15 years from completion
 Defect in plans/specificaations/ground
 Filed w/in 10 years following collpase

Contractor and EA are solidarily liable

QUIZ 5_CIVREV 8