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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. No. 135481   October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 135481. October 23, 2001.]

    LIGAYA S. SANTOS, Petitioner, v. COURT OF APPEALS and PHILIPPINE GERIATRICS FOUNDATION, INC., Respondents.

    D E C I S I O N


    QUISUMBING, J.:


    Petitioner Ligaya S. Santos seeks reversal of the decision dated June 23, 1998, of the Court of Appeals, and its resolution dated September 15, 1998, in CA-G.R. SP No. 46629, ordering petitioner to vacate and surrender possession of the contested premises (on Lions Road, Villegas St., Ermita, Manila) to private respondent Philippine Geriatrics Foundation, Inc. (PGFI), and to pay rentals and the costs of suit. The CA set aside the decision dated September 16, 1997 of the Manila Regional Trial Court, Branch 46, in Civil Case No. 97-82946, which affirmed the decision dated February 26, 1997 of the Manila Metropolitan Trial Court, Branch 12, in Civil Case No. 150316.

    The factual antecedents of this case, as found by the Court of Appeals, 1 are as follows:chanrob1es virtual 1aw library

    In 1969, private respondent PGFI occupied the ground floor of the Geriatrics Center on Lions Road, Mayor Antonio J. Villegas Street, Ermita, Manila, upon the invitation of the president of the Philippine Federation of Medical Practitioners. In 1971, PGFI built a gymnasium adjacent to said building. This was later on converted into a canteen and leased to one Victor Jimenez. Jimenez later on vacated the space after he failed to pay rentals therefor.

    In 1989, petitioner occupied the canteen by virtue of a letter-contract 2 executed between her and Vicente Pulido, president of PGFI.

    Meanwhile, the City Mayor of Manila requested PGFI to vacate its office at the Geriatrics Center. It agreed and planned to transfer to the canteen beside the Geriatrics Center. On December 27, 1993, 3 PGFI asked petitioner to vacate said space in a letter advising the latter of the termination of the lease contract. However, petitioner refused to vacate. In the meantime, the city government of Manila forcibly ejected PGFI from the Geriatrics Center on January 7, 1995. On October 11, 1995, 4 PGFI through counsel, sent another demand letter to petitioner asking her to pay rentals in arrears and to vacate the canteen space within ten days of receipt of the letter. Still, petitioner refused.chanrob1es virtua1 1aw 1ibrary

    Thereafter, PGFI filed an ejectment case against petitioner with a prayer for the payment of rentals in arrears for the period September 15, 1993 to September 30, 1995 totaling P36,750.00. The parties agreed that the only issue to be resolved was whether or not petitioner may be ejected from the premises on the ground of non-payment of rentals. 5

    The Metropolitan Trial Court (MeTC) dismissed the complaint on the ground that PGFI failed to establish the existence of a lease contract between the parties. 6 PGFI claimed that the contract had been lost when it was forcibly ejected from the Geriatrics Center. 7 The contract was a letter-offer signed by petitioner and addressed to PGFI, stating petitioner’s intention to lease PGFI’s canteen under certain terms and conditions. It was later on signed by Pulido as PGFI president, indicating its conformity with the terms thereof. 8

    To prove the existence of the contract, PGFI presented affidavits of its trustees and officers 9 and presented to the trial court an unsigned photocopy 10 of the same. However, the trial court refused to admit the photocopy as secondary evidence. Consequently, in a decision dated February 26, 1997, 11 the METC ruled that there is no evidence that would warrant ejectment of petitioner from the subject premises.

    On appeal, the Regional Trial Court (RTC) affirmed the decision of the MeTC. PGFI filed a motion for reconsideration on October 6, 1997 and a motion to treat said motion as a motion for new trial on October 27, 1997, on the ground of newly discovered evidence. 12 A few days earlier, on October 11, 1997, 13 PGFI found its copy of the lease contract signed by petitioner and Pulido, as well as by its other trustees. PGFI presented said contract to the RTC, which rejected it as "forgotten evidence." 14

    PGFI raised the matter to the Court of Appeals (CA), which reversed the ruling of the RTC. According to the CA, the unsigned copy of the lease contract that was presented before the trial court qualified as secondary evidence under Rule 130 of the Revised Rules of Court. The CA noted that PGFI was able to prove the existence and due execution of the lease contract through the affidavits of its witnesses. Finally, the contents of the contract itself were proven through the unsigned copy held by PGFI. There is, thus, a valid lease contract executed between the parties, contrary to the ruling of the trial court.

    The CA ruled that petitioner’s failure to abide by the terms stated in the contract, particularly the payment of rentals, warranted her eviction from the premises. The dispositive portion of the CA decision reads:jgc:chanrobles.com.ph

    "WHEREFORE, this petition is hereby GRANTED. The Decision of the Regional Trial Court affirming the decision of the Metropolitan Trial Court which dismissed plaintiff’s complaint is hereby SET ASIDE and a new one is rendered ordering the defendant Ligaya Santos, a.k.a. Ligaya Salvador, to vacate the premises in question subject of the complaint and surrender possession thereof to plaintiff; and to pay the plaintiff the sum of P24,500.00 as unpaid rentals from September 15, 1993 to September 30, 1995 at the rate of P1,000.00 a month as provided in the letter-contract and the further sum of P1,000.00 a month from October, 1995 until she vacates the premises as reasonable compensation for the use and occupancy thereof, and to pay the costs of suit.chanrob1es virtua1 1aw 1ibrary

    Costs against Respondent.

    SO ORDERED." 15

    Hence, this petition for review wherein petitioner alleges that the CA erred:chanrob1es virtual 1aw library

    I. . . . IN HOLDING THAT THE RESPONDENT WAS ABLE TO ESTABLISH THE FACT OF THE EXECUTION OF THE LETTER-CONTRACT OF LEASE.

    II. . . .WHEN IT ADMITTED AS NEWLY FOUND EVIDENCE THE ALLEGEDLY SIGNED LETTER-CONTRACT OF LEASE EVEN THOUGH THE SAME WAS NOT FORMALLY OFFERED IN EVIDENCE DURING TRIAL.

    III. . . . IN ITS DECISION, DATED JUNE 23, 1998, SETTING ASIDE THE DECISION OF THE REGIONAL TRIAL COURT AFFIRMING THE DECISION OF THE METROPOLITAN TRIAL COURT WHICH DISMISSED THE COMPLAINT OF THE PLAINTIFF. 16

    Petitioner stresses that no lease contract had been executed between her and PGFI. She points out that the contents of the copy of the alleged contract must correspond exactly with the contents of the original. However, without the parties’ signatures, the copy presented by PGFI cannot be legally considered as a copy of the original contract.

    Even the affidavits of PGFI’s witnesses are insufficient, according to petitioner, since none of those witnesses had the opportunity to compare the copy with the original. She claims that the copy did not even exist during the time of the execution of the alleged original contract, nor was it copied a short time thereafter, since the copy was merely "reconstructed" by PGFI president Pulido during the trial of the ejectment case. Petitioner cites in support of this assertion the statement of the CA that Pulido "correctly recalled" the contents of the contract when he presented an unsigned copy thereof during trial. 17

    Petitioner contends that the original copy of the contract can no longer be considered in evidence since it was not formally offered during trial, having been found only after the trial was terminated.chanrob1es virtua1 1aw 1ibrary

    Moreover, petitioner argues that the CA could no longer reverse the ruling of the RTC since it had already attained finality. According to her, when PGFI filed before the RTC a motion to treat its motion for reconsideration as one for new trial on the ground of newly discovered evidence, it effectively abandoned its motion for reconsideration and its supplemental motion for reconsideration. When the RTC denied PGFI’s latter motion, there was nothing left for the RTC to consider, not even the previous motion for reconsideration. Without said motion for reconsideration, the RTC decision became final, according to petitioner.

    Consequently, petitioner claims that PGFI can no longer question the merits of the decision of the trial court, but only the propriety of the order of the RTC that denied PGFI’s motion to treat its motion for reconsideration as a motion for new trial.

    On the other hand, private respondent PGFI contends that the loss of the original contract was due to its eviction from the Geriatrics Center, which petitioner does not dispute. It argues that the unsigned copy of the letter-contract qualifies as secondary evidence under Rule 130, Section 5 of the Revised Rules of Court. PGFI points out that as required by the Rules, it sufficiently proved the existence and due execution of the original, as well as its contents, through the affidavits of its trustees who were signatories to the original contract. 18 It further points out that even one who was not a party to a contract may attest to its existence and due execution. 19

    PGFI contends that the original contract should no longer be an issue since secondary evidence had already been presented proving its existence and execution. However, the original serves to confirm what was proven through the unsigned copy.chanrob1es virtua1 1aw 1ibrary

    PGFI further argues that there is a conclusive presumption that a tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them. 20

    We first address the procedural question raised by petitioner. We do not share petitioner’s view that PGFI in effect abandoned its motion for reconsideration before the RTC when it moved to treat such motion for reconsideration as a motion for new trial; 21 that when the latter motion was denied, there was nothing else for the court to consider and so the RTC decision became final. Nothing in the Rules of Court supports this contention.

    A decision becomes final upon the lapse of the period to appeal therefrom, without an appeal 22 or motion for reconsideration or new trial having been filed. 23 The filing of a motion for reconsideration or new trial suspends the running of the period to appeal. 24 PGFI filed its motions in the RTC within the period to appeal. 25 Likewise, its petition for review before the CA was filed within the period of extension granted by the CA. 26 Thus, the RTC decision never became final, contrary to petitioner’s claim.

    We now proceed to discuss the merits of this case.

    The parties anchor their respective arguments on the admissibility, or non-admissibility in the case of petitioner, of the unsigned copy of the alleged letter-contract of lease executed between petitioner and PGFI.

    Admittedly, the original copy of the contract was not presented during trial, so PGFI as plaintiff therein resorted to presentation of secondary evidence. It presented the disputed unsigned copy of the contract as well as affidavits of persons who saw the contract and signed thereon representing PGFI.chanrob1es virtua1 1aw 1ibrary

    The Rules of Court provides, in case the original of the document is lost:chanrob1es virtual 1aw library

    SEC. 5. When original document is unavailable. — When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (Rule 130, Rules of Court).

    Before the contents of an original document may be proved by secondary evidence, there must first be satisfactory proof of the following: (1) execution or existence of the original; (2) loss and destruction of the original or its non-production in court; and (3) unavailability of the original is not due to bad faith on the part of the offeror. 27 Proof of the due execution of the document and its subsequent loss would constitute the foundation for the introduction of secondary evidence. 28

    In the present case, the existence and due execution of the lease contract had been established by the affidavits of trustees of PGFI who were signatories thereto. 29 The loss of said contract was likewise established by the affidavit of Vicente Pulido, who attested to the fact that he kept the original and a duplicate copy 30 of the contract at the PGFI office at the Geriatrics Center. These copies were lost in the chaos that ensued when PGFI was forcibly evicted from its office. Without a place to immediately move to, its files and records were left for sometime 31 on the street where they were susceptible to theft. Secondary evidence, then, may be admitted to prove the contents of the contract.

    The contents of the original document may be proved (1) by a copy; (2) by a recital of its contents in some authentic document; or (3) by the recollection of witnesses, 32 in the order stated.

    There is testimonial evidence on record to prove the contents of the lost lease contract. The affidavits of the witnesses for PGFI contain a recital of the offer of petitioner to occupy the subject premises for a specified amount payable every month, and the conformity to these terms by the trustees of PGFI who signed thereon. 33 Thus, even dispensing with the unsigned copy that was presented at the trial of this case, there is still evidence of the contents of the contract in the form of testimonial evidence.

    Petitioner’s emphasis on the admissibility of the unsigned copy of the contract is misplaced. The contents of the lost original copy may not only be proved by a copy thereof but also by the testimony of witnesses. 34 At best, the original copy of the contract that was later found merely affirms what had already been established by secondary evidence.

    When the original copy of the contract 35 was found, PGFI attempted to present it before the trial court by moving for a new trial on the ground of newly discovered evidence. On this point, we note that petitioner did not offer any objection as to the genuineness of the original contract or her signature thereon. 36 She objected only insofar as claiming that PGFI could no longer present the document since it was not offered in evidence during the trial of this case. We take this as an indication that, indeed, there is nothing questionable about the original contract insofar as its genuineness is concerned.chanrob1es virtua1 1aw 1ibrary

    Having thus shown that a lease agreement exists between the parties, we come to the question of whether or not petitioner may be ejected from the subject premises for non-compliance with the terms of the agreement.

    Under the contract, petitioner obligated herself to pay a monthly rental, denominated as donation per PGFI policy, to PGFI in the amount of P1,000.00 a month. The lease period was two years. 37 PGFI issued receipts, 38 whose existence and issuance petitioner admitted, 39 for petitioner’s monthly payments which was eventually increased from P1,000.00 to P1,500.00. The agreement expired in December 1991. In December 1993, petitioner admittedly stopped paying PGFI, 40 while still occupying the subject premises.

    We agree with the CA that after December 1991, with petitioner still in the premises, the lease was impliedly renewed on a month-to-month basis, per Article 1670, in relation to Article 1687, of the Civil Code. 41chanrob1es virtua1 1aw 1ibrary

    Article 1670 of the Civil Code provides:chanrob1es virtual 1aw library

    Art. 1670. 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, not for the period of the original contract, but for the time established in articles 1682 and 1687. The other terms of the original contract shall be revived. (Emphasis supplied.)

    On the other hand, Article 1687 states:chanrob1es virtual 1aw library

    Art. 1687. If the period for the lease has not 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 be paid daily. . . . (Emphasis supplied.)

    Petitioner’s obligation to pay rentals did not cease with the termination of the original agreement. When she failed to remit the required amounts after December 1993, the time when she stopped paying, PGFI was justified in instituting ejectment proceedings against her. Thus, under Article 1673 of the Civil Code:chanrob1es virtua1 1aw 1ibrary

    Art. 1673. The lessor may judicially eject the lessee for any of the following causes:chanrob1es virtual 1aw library

    (1) When the period agreed upon, or that which is fixed for the duration of leases under articles 1682 and 1687, has expired;

    (2) Lack of payment of the price stipulated;

    (3) Violation of any of the conditions agreed upon in the contract;

    x       x       x


    Petitioner clearly violated the provisions of the lease when she stopped making payments to PGFI. Hence, we find no reason to disturb the findings and conclusions of respondent appellate court.

    WHEREFORE, the instant petition is DENIED. The decision dated June 23, 1998, of the Court of Appeals, in CA-G.R. SP No. 46629 is AFFIRMED.

    Costs against petitioner.

    SO ORDERED.

    Bellosillo, Mendoza, Buena and De Leon, JJ., concur.

    Endnotes:



    1. Rollo, pp. 45-46.

    2. Id., at 95.

    3. Id., at 129-130.

    4. Id., at 131.

    5. Id., at 48, 139.

    6. Id., at 48.

    7. Id., at 49.

    8. Id., at 48-49, 50

    9. Records, pp. 140-164.

    10. Rollo, p. 94.

    11. Id., at 46.

    12. Ibid.

    13. Id., at 49.

    14. Id., at 50

    15. Id., at 53.

    16. Id., at 28-29.

    17. Id., at 32, 50.

    18. Id., at 87.

    19. Id., at 88, citing Michael & Co. v. Enriquez, No. 10824, 33 Phil. 87, 89-90 (1915).

    20. RULES OF COURT, Rule 131, Section 2(b).

    21. PGFI filed in the RTC a "Motion to Treat and Consider Plaintiff-Appellant’s Motion for Reconsideration and/or Supplement to the Motion for Reconsideration as Motion for New Trial on the Ground of Newly Discovered Evidence," CA Rollo, p. 167.

    22. Teodoro v. Court of Appeals, G.R. No. 103174, 258 SCRA 603, 607-608 (1996).

    23. See RULES OF COURT, Rule 36, Section 2.

    24. F.D. REGALADO, I REMEDIAL LAW COMPENDIUM 377 (7th ed., 1999).

    25. Records, pp. 243, 248, 275 and 317.

    26. CA Rollo, pp. 2, 5.

    27. RJ FRANCISCO, EVIDENCE: RULES OF COURT IN THE PHILIPPINES, Rules 128-134, 68 (3rd ed., 1996).

    28. Vda. De Jacob v. CA, G.R. No. 135216, 312 SCRA 772, 783 (1999), citing Hernaez v. McGrath, No. L-4044, 91 Phil. 565, 573 (1952).

    29. Supra, note 9.

    30. Another copy was supposed to have been given to petitioner.

    31. Records, p. 145.

    32. Id., at 144; De Guzman v. Court of Appeals, G.R. No. 110122, 260 SCRA 389, 395 (1996).

    33. Records, pp. 141-142, 148, 152, 155, 158, 160, 163.

    34. RULES OF COURT, Rule 130, Section 5.

    35. Rollo, p. 95.

    36. CA Rollo, pp. 161-163; Rollo, pp. 33-35.

    37. Records, pp. 152, 158, 163; Rollo, pp. 50-51.

    38. Records, pp. 14-23, 31-33.

    39. Id., at 54, 57.

    40. Ibid.

    41. Rollo, pp. 51-52.

    G.R. No. 135481   October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.


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