SPOUSES RUBEN AND LUZ GALANG, vs. COURT OF APPEALS AND LEONARDO DE LEON.
- G.R. Number: G.R. No. 76221
- Promulgated: 1991-07-29
- Ponente: Fernan, J.
Doctrine
The owner's legitimate need to repossess his property for use of any immediate family member is a valid ground to eject under Section 5 par. (c) of B.P. 25; factual requisites are for the trial court to resolve.
A month-to-month lease is a lease with a definite period and is terminated as of the end of the month after proper notice or demand to vacate has been given.
Sympathy for lessees' displacement does not override the law favoring lessors when statutory grounds for ejectment are established.
Facts
Private respondent Leonardo de Leon, owner of a 6-door apartment at 1177 Quiricada Extension, Tondo, Manila, filed an ejectment suit against petitioners spouses Ruben and Luz Galang, lessee of one unit; the MTC rendered judgment ordering petitioners to vacate, pay P130/month from September 1985, and P1,000 attorney's fees.
On appeal, the Regional Trial Court of Manila, Branch XL, affirmed the MTC decision on 22 July 1986.
Private respondent's sister Consuelo is staying with their parents in a rented 48 sqm apartment; respondent pays their monthly rentals and intends to repossess the questioned premises to provide them a decent place to stay.
Private respondent demanded that petitioners vacate as early as 7 June 1985; the tenancy was on a month-to-month basis.
Issues
Whether the lessor's legitimate need to repossess the property for use by an immediate family member is a valid ground for ejectment under Section 5 par. (c) of B.P. 25.
Whether a month-to-month lease is terminated at the end of the month after proper notice or demand to vacate has been given.
Ruling
The petition is dismissed for lack of merit; the Court upheld the ejectment based on the lessor's legitimate need under Section 5 par. (c) of B.P. 25, and held the month-to-month lease terminated after proper notice; decision is immediately executory with costs against petitioners.