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1 Per Justice Alicia V. Sempio-Diy and concurred in by Justices Ricardo J. Francisco and Ricardo P. Galvez.

2 Petition, Annex E; Rollo, p. 83.

3Id., Annex I; id., pp. 111-112.

4 Id., Annex A; id., p. 39.

5 Decision, dated Oct. 8, 1992, pp. 9-11.

6 Revised Rules of Evidence, Rule 132, 36.

7 Abrenica v. Gonda, 34 Phil. 739 (1916); Catuira v. Court of Appeals, 236 SCRA 398 (1994); Son v. Son, 251 SCRA 556 (1995); Quebral v. Court of Appeals, 252 SCRA 353 (1996).

8 Rule 10, 5 of the 1997 Rules of Civil Procedure provides:

SEC. 5. Amendment to conform to or authorize presentation of evidence. - When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.

9 Civil Code, Arts. 1669 and 1673(1); Heirs of Dimaculangan v. Intermediate Appellate Court, 170 SCRA 393 (1989); Uy Hoo and Sons Dev. Corp. v. Court of Appeals, 174 SCRA 100 (1989); Palanca v. Intermediate Appellate Court, 180 SCRA 119 (1989).

10 Alcuaz v. PSBA, 161 SCRA 7 (1988) Henson v. IAC, 148 SCRA 11 (1987); Roxas v. Alcantara, 113 SCRA 21 (1982); Escao v. CA, 100 SCRA 197 (1980); Gindoy v. Tapucar, 75 SCRA 31 (1977).

11 This article provides:

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. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. If the rent is weekly, the courts may likewise determine a longer period after the lessee has been in possession for over six months. In case of daily rent, the courts may also fix a longer period after the lessee has stayed in the place for over one month.

12 74 Phil. 675, 680 (1944).

13 Racaza v. Susana Realty, Inc., 18 SCRA 1172 (1966); Bulacanag v. Francisco, 122 SCRA 498 (1983); Gabrito v. Court of Appeals, 167 SCRA 771 (1988); Cabangis v. Court of Appeals, 200 SCRA 414 (1991); Heirs of the late Jaime Binuya v. Court of Appeals, 211 SCRA 761 (1992); Germiniano v. Court of Appeals, 259 SCRA 344 (1996).

14 Art. 2208 (2) of the Civil Code provides:

In the absence of stipulation, attorneys fees and expenses of litigation, other than judicial costs, cannot be recovered, except:

. . . .

(2) when the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest;

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