Section 1. Secs. one,
two, three, four, five, eight, nine, ten, eleven, and fourteen of
Commonwealth Act Numbered Six hundred and eighty-nine are hereby
amended to read as follows:
"Sec.
1. A lease for the occupation as dwelling of a
building or part thereof which is not a room or rooms of an hotel, or
lot, which does not specify any term, shall be considered of one year's
duration counted from the date of occupation by virtue of said lease at
the option of the lessee. Building used both as dwelling of the lessee
and also as place of business of the latter for home industries
intended for the support of the family shall be deemed included in the
provisions of this Act.
"Sec. 2. In a
suit for ejection or for the collection of rents due and payable by
virtue of a contract of lease of buildings destined solely for
dwelling, not being a room or rooms of a hotel, and lots, the fact that
the rents are unjust and unreasonable shall constitute a valid defense.
Except as provided in Sec. twelve of this Act, no lessee or occupant
shall be ejected in cases other than for willful and deliberate
non-payment of rents or when the lessor has to occupy the building
leased.
"Sec. 3. The
said rents shall be presumed unjust and unreasonable if the amount
thereof per annum exceeds twenty per centum of the annual assessments
value of the building and the lot on which it is erected, if both
belong to the lessor, or of the actual assessment value of the building
in addition to all rents paid on the lot if said lot belongs to another
person. In the case of the lease for the occupation of a lot, the rents
shall be presumed unjust and unreasonable if the amount thereof per
annum likewise exceeds twenty per centum of the annual assessment value
of the said lot. If the lessee occupies only part of the building or
lot, the actual assessment value corresponding to the part occupied by
him, shall be determined proportionally.
"Whenever a verbal or written
contract of lease for the occupation as dwelling of a building or part
thereof is entered into, the lessor and the lessee shall file
individually and separately in the office of the mayor of the city or
municipality where the building is located an affidavit stating the
exact location of said building, the names and addresses of the parties
to the contract, the duration of the lease, the assessed value of the
building, and the amount of rental agreed upon between the said
parties. Submission of said affidavits shall be made within five days
from the date of the execution of the contract of lease or from the
date of occupation of the building by the lessee in case there is no
written contract. Parties to any existing lease contract shall also
file the aforementioned affidavits within ten days from the approval of
this Act.
"Sec. 4. When
a final and executory order or judgment in a suit for the recovery of
rentals or for ejection from a building or part thereof used as
dwelling or from a lot establishes the fact that the lessee has
retained the possession of the buildings or lot leased to him after the
expiration of the contract, the court that issued such order or
judgment shall, on the petition of the lessee and subject to the
conditions prescribed in this Act, suspend the execution of said order
or judgment for a period which it considers convenient but not
exceeding six months.
"Sec. 5. When
there is a petition for the suspension of execution of an order or
judgment, the court shall hear both parties, and if during the trial it
shall be found that the building or buildings or lot mentioned in the
petition are destined solely for dwelling; that the petitioner cannot
secure another dwelling house or lot for himself and his family; that
he had used due diligence to find another building; that he had filed
his petition in good faith, and is willing to obey and comply with the
requirements and orders of the court, said court shall grant the
suspension as provided in this Act, on the condition that the
requirements laid down for said suspension shall be complied with."
"Sec. 8. Any
proprietor or lessor, or his agent, found guilty of having, with the
object of ejecting a lessee, falsely claimed that he needed the
building or part thereof, or the lot for himself and his family, or if
he really so needed it, he exposed the lessee by deed, negligence or
omission, directly or indirectly, to unsafe or insanitary conditions,
or imposed upon him any burden, or caused him any loss or unnecessary
vexation, in the use or occupation of the building, or lot or part of
either, shall be punished with a fine of not exceeding one thousand
pesos or with imprisonment for not more than one year or with both
penalties, in the discretion of the court. The fact that the proprietor
or lessor has leased to another party the building or lot or part of
either within one year after ejecting the former lessee on the claim
that said building or lot was needed by said proprietor or lessor for
himself and his family, shall be prima facie evidence of the falsehood
of such claims.
"Sec. 9. Any
person who directly or indirectly collects any rent or payment more
than that authorized by this Act, or who extrajudicially deprives the
lessee against his will, of the occupation of a building or lot or part
thereof used as dwelling during the period of lease, shall be punished
by a fine of not exceeding two thousand pesos, or imprisonment for not
more than two years or with both penalties.
"Sec. 10. Any
person found guilty of having, with the intention of evading the
provisions of this Act, entered into a contract or arrangement for the
payment of a bonus or of any other consideration in connection with any
contract of lease or any other contract whatsoever for the use and
occupation of any building or lot described in Sec. one of this Act, or
taken part in any fictitious sale or in any artifice, combination, or
arrangement the object of which is to increase the rent of said
building, or lot, or to evade in any other way the effects of this Act,
shall be punished by a fine of not exceeding one thousand pesos, or
imprisonment for not more than one year, or with both penalties in the
discretion of the court without prejudice to the filing of an action
for perjury if the same has been committed.
"Sec. 11. The
lessee shall not sublease the building or lot or part of either use as
dwelling or for dwelling purposes, without the written consent of the
proprietor. A violation of this provision is a cause for the ejection
of the lessee as well as of the sublessee and shall be punished by a
fine of not exceeding one hundred pesos."
"Sec. 14. This
Act shall be in force for a period of four years after its
approval."
Sec. 2. This
Act shall take effect upon its approval.
Approved: October 18,
1946
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