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    Court of Appeals, G.R. No. 93474, October 7, 1992

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    Eli S
    The Court held that BP 877, which took effect in June 1958, should apply retroactively to this case. The facts state that in the early 1900s, a lot was leased to Severino Ocampo, who built a house. Upon his death, his daughter Angela took over the lease, then later subleased the property to Robert Capuchino in 1976. However, the lot had been previously sold, unknown to the parties. The Court found that because the original lease and subsequent sublease did not specify rental terms and rent was paid monthly, both agreements were terminable monthly. Therefore, when the sublease was renewed in July 1995, it became subject to BP 877.

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    Court of Appeals, G.R. No. 93474, October 7, 1992

    Uploaded by

    Eli S
    57 views1 page
    The Court held that BP 877, which took effect in June 1958, should apply retroactively to this case. The facts state that in the early 1900s, a lot was leased to Severino Ocampo, who built a house. Upon his death, his daughter Angela took over the lease, then later subleased the property to Robert Capuchino in 1976. However, the lot had been previously sold, unknown to the parties. The Court found that because the original lease and subsequent sublease did not specify rental terms and rent was paid monthly, both agreements were terminable monthly. Therefore, when the sublease was renewed in July 1995, it became subject to BP 877.

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    The Court held that BP 877, which took effect in June 1958, should apply retroactively to this case. The facts state that in the early 1900s, a lot was leased to Severino Ocampo, who built a house. Upon his death, his daughter Angela took over the lease, then later subleased the property to Robert Capuchino in 1976. However, the lot had been previously sold, unknown to the parties. The Court found that because the original lease and subsequent sublease did not specify rental terms and rent was paid monthly, both agreements were terminable monthly. Therefore, when the sublease was renewed in July 1995, it became subject to BP 877.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views1 page

    Court of Appeals, G.R. No. 93474, October 7, 1992

    Uploaded by

    Eli S
    The Court held that BP 877, which took effect in June 1958, should apply retroactively to this case. The facts state that in the early 1900s, a lot was leased to Severino Ocampo, who built a house. Upon his death, his daughter Angela took over the lease, then later subleased the property to Robert Capuchino in 1976. However, the lot had been previously sold, unknown to the parties. The Court found that because the original lease and subsequent sublease did not specify rental terms and rent was paid monthly, both agreements were terminable monthly. Therefore, when the sublease was renewed in July 1995, it became subject to BP 877.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Court of Appeals, G.R. No.

    93474, October 7, 1992

    Facts:

    In the early 1900, alot located at 502 Quezon City Boulevard, Manila was lesed to Severino Ocampo,
    who built a house. When he died, the lease was taken over by his daughter Angela Ocampo. In 1976,
    Angela moved to her daughter Virginia’s house and the lot and house was leased to Robert Capuchino.
    Meanwhile, unknown to them, the lot has been sold to Susana Realty, Inc which then sold the same to
    Cetus Development Corporation, the respondent.

    Issue:

    Whether the BP 877 should be given retroactive application and be applied to the case.

    Held:

    BP 877 is applicable. The Court held that BP was acting prospectively upon the new or renewed contract
    of lease and sublease. The contract had no fixed rental term and payment is made monthly. Therefore, it
    is deemed terminated from month to month. Thus when it was renewed in July 1995, the matter
    became subject to BP 877 which took effect in June 12, 1958.

    Likewise, Capuchino’s sublease is also terminable at the end of each month because no specific period
    has been prescribed and the rentals were also payable monthly.

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