22 Jesusa Vda de Murga V Juanito Chan
22 Jesusa Vda de Murga V Juanito Chan
L-24680
DATE: OCTOBER 7, 1968
FACTS:
Disregarding the written demand of the lessee to pay the 700 Chan choose to
remain in the possession and insisted that the contract of lease stipulated and actual
renewal of the lease and he has a right to continue occupying the premises and as token
of his decision he sent to the lessor the amount of 500 which represents his payment.
Without further demand a complaint for unlawful detainer was filed against Cha. Chan
argued that the municipal court lack of jurisdiction and lack of cause of action for
unlawful detainer.
ISSUE:
RULING: YES!
It is to be noted that after the lessor and the lessee had failed to agree on renewal
of the lease the lessor sent a demand letter. It was the contention of the lessee that such
demand letter is not the kind of demand letter contemplated in the Rules of Court as
complying with the jurisdictional requirement—the demand to vacate is indispensable in
order to determine whether the tenant’s possession has become illegal.
In the case at bar it appears from the demand letter that the obligation to vacate
the leased premises would be dependent on the failure of the lessee to agree to a new rent.
Without any without any subsequent definite demand to vacate the premises, subject to
no condition, the lessee did not incur in default which would give rise to a right on the
part of the lessor to bring an action of unlawful detainer.
The pleadings of the parties, and the annexes thereto, clearly show that the jugular
vein of the controversy hinges on the correct interpretation of clause "7" of the contract of
lease, a matter outside the jurisdiction of the municipal court. The lessor-appellee
maintains that the lease had terminated on January 31, 1959, renewable only upon a new
agreement of the parties; on the other hand, the lessee-appellant contends that, inasmuch
as the controversy hinges on the interpretation of clause "7" of the contract, that is,
whether or not said clause contemplated an automatic renewal of the lease, the action was
not for unlawful detainer but one not capable of pecuniary estimation and, therefore,
beyond the competence of the municipal court.