LEASE

PART ONE. TRUE OR FALSE

1. A contract where one of the parties binds himself to render to the other some service is a contract for a
piece of work.
● FALSE, the statement pertains to a contract of lease of service.
i. In a contract for a piece of work, the contractor binds himself to execute a piece of
work for the employer, in consideration of a certain price or compensation. The
contractor may either employ only his labor or skill, or also furnish the material. (Art.
1713)
ii. In the lease of work or service, one of the parties binds himself to execute a piece of
work or to render to the other some service for a price certain. (Art. 1644)
2. No lease for more than ninety-nine years shall be valid.
● TRUE, Art. 1643.
3. Fungible goods cannot be the subject matter of a contract of lease.
● TRUE, Art. 1665. --- according to source.
i. Alternative answer: FALSE, Art. 1645. When the lease of the thing, although fungible, is
only for exhibit or it is an accessory to an industrial establishment, it can be the subject
matter of a lease.
4. The guardian cannot lease the property of his ward for himself.
● FALSE, although Art. 1646, in relation to Art. 1491, provides that a guardian is disqualified to
become a lessee of a property of his ward, Art. 1647 will allow the guardian to lease such
property if with proper court authority.
5. If a lease is to be recorded in the Registry of Property, the father or guardian, as to the property of the
minor or ward, cannot constitute the same without proper authority.
● TRUE, Art. 1647.
6. When in the contract of lease of things there is no express prohibition, the lessee may assign the lease,
in whole or in part, without prejudice to his responsibility for the performance of the contract toward the
lessor.
● FALSE, Art. 1649 and 1650.
● The lessee cannot assign the lease without the consent of the lessor, unless there is a
stipulation to the contrary. (Art. 1649)
● When in the contract of lease of things there is no prohibition, the lessee may sublet the thing
leased. (Art. 1650)
● As a general rule:
i. Lessee CANNOT assign the lease.
ii. Lessee CAN sublease.
7. The sublessee shall not be responsible beyond the amount of rent due from him, in accordance with
the terms of the sublease, at the time of the extra-judicial demand by the lessor.
● TRUE, Art. 1652. --- according to source.
i. Alternative answer: FALSE, Art. 1652, par. 2.
8. The provisions governing warranty, contained in the title on Sales, shall be applicable to the contract of
lease.
● TRUE, Art. 1653.

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9. The lessor is obliged to make all the necessary repairs in order to keep the thing suitable for the use to
which it has been devoted.
● FALSE, parties’ stipulation. (Art. 1654, par. 2)
● cockpit case? --- according to source.
10. If the thing leased is destroyed partially by fortuitous event, the lessee may choose between a
proportional reduction of the rent and specific performance.
● FALSE, the remedies of the lessee are only proportional reduction of the rent OR rescission,
not specific performance. (Art. 1655)
11. There is a mere act of trespass when the third person claims no right whatever.
● TRUE, Art. 1664, par. 2.
12. The lessee has the burden of proving that the deterioration or loss of the thing leased was without his
fault.
● FALSE, the presumption does not apply when happens during calamity.
i. This burden of proof on the lessee does not apply when the destruction is due to
earthquake, flood, storm or other natural calamity. (Art. 1667)
13. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with
the acquiescence of the lessor, and unless a notice to the contrary by either party has previously been
given, it is understood that there is an implied new lease, for the period of the original contract.
● FALSE, the implied new lease is not for the period of the original contract. It will depend if the
land is rural or urban –
i. If rural land, see Art. 1682.
ii. If urban land, see Art. 1687.
14. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property
may terminate the lease, save when there is a stipulation to the contrary in the contract of sale.
● FALSE, lease may be terminated in such case when there is a stipulation to the contrary in the
contract of sale OR when the purchaser knows of the existence of the lease. (Art. 1676)
15. With regard to ornamental expenses, the lessee shall not be entitled to any reimbursement, but he may
remove the ornamental object, provided no damage is caused to the principal thing, and the lessor
does not choose to retain them by paying their value at the time the lease is extinguished.
● TRUE, Art. 1678.
16. The lessee shall have the right to reduction of the rent by reason of the loss of more than one-half of
the fruits through extraordinary and unforeseen fortuitous event, save always when there is a specific
stipulation to the contrary.
● TRUE, Art. 1680.
17. If the period for the lease of a rural land has been fixed, it is understood to be from year to year, if the
rent agreed upon is annual, from month to month, if it is monthly from week to week, if the rent is
weekly, and from day to day, if the rent is to paid daily.
● FALSE, statement pertains to urban land, not rural land. (Art. 1687)
i. Also, the provision will only apply if the period has NOT been fixed.
18. An agreement waiving or limiting the contractor’s liability for any defect in the work is void.
● FALSE, statement will apply when the contractor acted fraudulently. Art. 1716.
19. The contractor is responsible for the damages if the edifice falls, within fifteen years from the
completion of the structure, on account of defects in the construction or the use of materials of inferior
quality furnished by him, or due to any violation of the terms of the contract. If the engineer or architect
supervises the construction, he shall be jointly liable with the contractor.
● FALSE, the supervising engineer or architect shall be held solidarily liable with the contractor.
(Art. 1723)

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20. He who has executed work upon a movable has a right to retain it by way of pledge until he is paid.
● TRUE, Art. 1731.

TORTS

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