31 Buce vs. Court of Appeals

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Buce vs.

Court of Appeals
G.R. No. 136913. May 12, 2000
DAVIDE, JR., C.J.:
Facts:
Petitioner Anita Buce leased a 56-sqm parcel of land for a period of 15 years subject to
renewal for another ten (10) years, under the same terms and conditions. Petitioner, then,
constructed a building and paid a monthly rental of P150.00. Private respondents, Sps. Bernardo
and Araceli Tiongco, Sps. Dionisio and Lucila Tiongco, through administrator Jose M. Tiongco
later demanded a gradual increase of rent until it reached P400.00. When private respondents
informed petitioner with the rental increase to P1,576.58 pursuant to Rent Control Law,
petitioner tendered checks for P400.00 each only which the former refused. Petitioner then filed
for consignation. During the pendency, the contract has expired and demanded the payment of
rentals. The RTC declared the lease contract automatically renewed for 10 years which CA
reversed and ordered petitioner to immediately vacate the leased premises on the ground that the
contract expired on 1 June 1994 without being renewed and to pay the rental arrearages at the
rate of P1,000 monthly. Upon denial of motion for reconsideration, petitioner filed this petition.
Issue:
Whether the parties intended an automatic renewal of the lease contract1 when they
agreed that the lease shall be for a period of fifteen years “subject to renewal for another ten (10)
years?
Rule of law:
Article 1196
Application:
In the case at bar, it was not specifically indicated who may exercise the option to renew,
neither was it stated that the option was given for the benefit of herein petitioner. Renewal of the
contract may be had only upon their mutual agreement or at the will of both of them. Since the
private respondents were not amenable to a renewal, they cannot be compelled to execute a new
contract when the old contract terminated on 1 June 1994. It is the owner-lessor’s prerogative to
terminate the lease at its expiration. The continuance, effectivity and fulfillment of a contract of
lease cannot be made to depend exclusively upon the free and uncontrolled choice of the lessee
between continuing the payment of the rentals or not, completely depriving the owner of any say
in the matter. Mutuality does not obtain in such a contract of lease and no equality exists between
the lessor and the lessee since the life of the contract would be dictated solely by the lessee.
Conclusion:
WHEREFORE, the instant petition is partly GRANTED.

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