I BEDAN !

RIED BOOK
• Vo!umo 11Sorics or 2020/21

Q: What are the subjects of a contract of lease? Q: What are the obligations of the lessor? (OR-AC)
ANS: The contract of lease may be of things. of work and of service: ANS: In a contract of lease, the lessor has the following obligations:
1. Lease of lhinas - where one of the parties binds himse f to give to another 1 Qelivery of the object in such a condition as to render it fit for the use
the enjoyment or use of a thing for a price certain. anc for a period which intended (CIVIL CODE, Ar1. 1654, par. 1):
may be definite or indefinite (CIVIL CODE. Art. 1643); 2. Making of necessary .8_epairs (CIVIL CODE, Art. 1654, par.2);
Note: Consumable goods cannot be the subject matter of a contract of 3. Maintenance in peaceful and t,dequate possession (CIVIL CODE, Art.
lease of things. except when they are merely to be exhibited or when they 1654. par. 3). The obligation arises only when a legal trespass disturbs the
are accessory to an industrial establishment (CIVIL CODE. Art. 1645); lessee's peaceful enjoyment thereof (Bercero v. C<1pilol Development Corp.,
G.R. No. 154765, March 29, 2007); and
2. Lease of work - where one of the parties binds himself to execute a piece of 4. Cannot alter the form of the thing leased in such a way as lo impair the use
work for a price certain. but the relation ol principal and agent does not exist
io which the thing is devoted under the terms of the lease (CIVIL CODE. Art.
between them (CIVIL CODE. Art. 1644); or
1661)
3. Lease or service - where one of the parties binds h,mseU to render lo the
other some service for a price certain (CIVIL CODE. Art. 1644). Note: The obligation to protect the lessee covers acts of third persons and o( the lessor
(Bercero v. Capitol Devefopment Corp., G.R. No. 154765. March 29, 2007).
Q: Under what circumstances is a contract of lease subject to formal
Q: In what instance may a lessor be relieved of his duty to make necessary
requirements?
ANS: In the following instances, the formal requirements apply to a contract of tease: . repairs?
1. In case of lease for a longer period than one year. the a~ reement must be in ANS: Upon stipulation or the parties to a contract that the lessee is to maintain the
writing, otherwise the lease is unenforceable (CIVIL CODE. Art. 1403, par. property in a condition in which it was found at the time of the perfection of the contract,
without any obligation on the part of the lessor to reimburse the lessee or to pay him for
2(e)): . . .
2. In case of lease of real estate, unless it is recorded ,n the Registry of the improvements thus made upon the expiration of the lease, the lessor is relieved of
Property. it shall not be binding upon third persons (CIVI~ CODE. Art. 1648). the duty to make necessary repairs and the lessee assum,:d such duty in his stead
(Gonzales v Mateo, GR No L-49020, February 28. 1944).
Q: In cases where the l~ase is to be recorded in the Registry of Property, when is
Q: What does the duty to maintain the lessee in the peaceful and adequate
proper authority requir;:,d7
enjoyment of the lease mean?
ANS: If a lease ,s to be recorded in the Registry of Property, the following persons
ANS: The duty to maintein the lessee in thEe p,:acEfut and adequate enjoyment of lhe
cannot constitute the same without proper authority:
lease for the duration of the contract is merely a v,arranty that the lessee shall not be
1 Husband with respect to the wire·s pariJph-ernal real estate (in relation to
disturbed in his legal. and not physical, possession. '/Vhen the act c.,f trespass is done by
Article 142. F,m1ily Code).
third persons, ii must be distinguished whF.ther it is trnspass ,n fact or in law because
2. Father or guar,1ian, as to the property of the minor or ward; and
the lessor is not liable for a trespass in fact or a mere act of tr0sr,ass by a third person
3 Manager ._.,itl10ut speci;il power (CIVIL CODE, Art. 1647).
(Nakpil v. Manila Towers Development Corp .. G.R. Nos 160c!Gr 8. 1G0886. September
20, 2006).
Q: When can a lessee $t1blct the thing te.ised?
ANS: When tt1ere is no e~press prohibitioll, !lie lessee may sublet Ille thing leesed. in Q: Under what Instances may the lessor bring ;:in action directly against the
whole or in part. without prejudice to his responsibility for the performance of the sublessee?
contract toward the lessor (CIVIL CODE, Art. 1650). ANS: The lessor may bring an action directly against the sut;lesse,:, under the following
instances:
Q: Distinguish suble;:ising .ind assignment of lease. 1. Without pre;udice to his obligation t0ward tlir, sut,J,:,ssor, 11,e sublessee is
ANS: In a ~.'l!:lle;,se, there arc two lc.;,ses and two distinct judicial relations elthough bound to the lessor for all acts which rE:fer tc., tliE: usE: and pr<,scrvalion of the
inlimately connecled and related to eact1 other, unlike in a cr1se of assignment of lease. thing leased in the manner stipulated b0twE:en t11r, lcs,;c.,r anc.J the lessee
where 1110 lessee tr;:in:;niits (lbsolutely his right, and his personalil/ disappears: there (CIVIL CODE, Art. 1651);
only remains ,n tl1e juridical relation two persons. t11e lessor and the assignee who is 2. The sublessee is subsidiarily liable to the lessor for any rent due from the
convcrlcd into ;:i lessee (lvlanrnµcrio Campana Naviera v. CA. G.R. ~-40234, December lessee. Howe·1er, the sublessee shall not be, rnspc.,ns,t,le tmyo11d the umount
14. 1987). or rent due from him, in accordance with the: terms of tile ,;ubl0osc. at Ille
time of the extra-judicial demand by the lessor. Payments or rent iri ,1dvancc
Q: Why Is the consent of the lessor necessary in an assignment of lease? by the sublessee shall be deemed not to have been made, so fur iJS the
ANS: The consent of the lessor is necessary because the assignment of lease would lessor's claim is concerned, unless said payments were effected in virtue of
involve the transfer not only of rights but also of obligations. Such assignment would the custom of the place (CIVIL CODE. Art. 1652).
constitute novation by the substitution or one of the parties, i.e., the lessee (Sadhwani,
et.al. v. CA. G.R. No. 128119. October 17, 1997). Moreover, an unauthorized Q: How can a lessor or his successor-in-interest eject a lessee by reason of sale?
assignment or the lease may be a justification for an action by the lessor for rescission ANS: As a rule, the purchaser of a piece of land which is under a lease that is not
of the lease (Caco vs. CA. GR No. L-46205, December 29, 1977). recorded in the Registry or Property may terminate the lease.
Exceptions: In the following instances. the purchaser may not terminate the lease:
1. There is a stipulation to the contrary in the contract of sate:
2. The purchaser knows of the existence of the lease: