Kuan and Ching v. Ho et. al.

FACTS:

Tan Siok Kuan and Pute Ching are owners of parcels of land in Quezon City. They have been leasing portions of the property to the defendants since 1972. On 07 February 2003, they notified defendants of their failure to pay rentals (from the period of September 1997 to December 2002). For failure to pay the rentals and vacating the premises, seven (7) unlawful detainer cases were filed by the petitioners against the defendants.

Defendants Bombita, Gagarin and Napolitano allege that the lease agreements they executed were void ab initio as the petitioners were Chinese nationals who are not entitled to own real property in the Philippines. They also claim possession since 1968, and that as a result, plaintiffs should have filed  an accion publiciana and not an action for unlawful detainer.

Defendants Ho, Returta, Salas and Malonzo claim that they have been in possession of the premises in 1966 (for 37 years) and that they have not paid rentals since their possession; that the photocopied Transfer Certificate of Titles presented by petitioners were mere photocopies; and that the cause of action should have been accion publiciana since no lease contract exists between the parties.

ISSUE:

Whether or not there was a lessor-lessee relationship between the two parties.

HELD:

NONE.  There is no lessor-lessee relationship between the parties.

Petitioners’ claims were bare allegations, showing no evidence of an express or implied lease. There was no mention of how and when the alleged contract of lease started, there was no proof of prior payment of rentals or any prior demand for such payment considering that the alleged failure to pay rentals was way back in 1997 and the case was only instituted in 2003.

* An implied admission of a lessor-lessee relationship falls under the exceptions to the principle of res inter alios acta.