This case has been cited 2 times or more.
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2005-07-08 |
DAVIDE, JR., C.J. |
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| Apropos to this case is Banco de Oro Savings and Mortgage Bank v. Court of Appeals.[25] There, the spouses Nery were not able to redeem the property they mortgaged to the bank; hence, the latter was able to consolidate the title to the property in its name. The Nerys requested the bank for more time to repurchase the subject property, obligating themselves to pay monthly rentals or reasonable compensation for the continued occupation of the premises on the ground that they had leased portions of the building to tenants. Since neither the Nerys nor their tenants vacated the subject premises nor paid reasonable compensation for the use thereof, the bank instituted three separate ejectment suits against them before the Metropolitan Trial Court of Parañaque. The Nerys argued that the proper remedy that should have been taken by the bank as mortgagee was to obtain a writ of possession and not an action for ejectment. We rejected Nerys' argument and ruled that it was proper for the bank to sue for ejectment. Thus:The Nerys forget, however, that they had asked the Bank for a grace period within which to repurchase the mortgaged property and to be allowed to pay monthly rentals or reasonable compensation for the use of the premises. In fact, they did pay rentals for several months. Their continued stay in the property was thereby converted to one by tolerance or permission. "A person who occupies the land of another at the latter's tolerance or permission, without any contract between them, is necessarily bound by an implied promise that he will vacate upon demand, failing which, a summary action for ejectment is proper against him" (Dakudao v. Consolacion, L-54573, 24 June 1983, 112 SCRA 877). The Nerys refused to vacate upon demand, the last of which was made by letter, dated 25 July 1984, as found by the Trial Court, and not 9 September 1983 as the Nerys allege. An ejectment suit, therefore, was proper, with the legally prescribed period to institute the same having been complied with. | |||||
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2003-06-20 |
QUISUMBING, J. |
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| Petitioner's reliance on Avelino is inappropriate. Decided in 1984, Avelino has been superseded by our decision in Banco de Oro Savings and Mortgage Bank v. Court of Appeals, promulgated on February 21, 1990. In Banco de Oro, we held that a person who occupies the land of another at the latter's tolerance or permission, without any contract between them, is necessarily bound by the implied promise that he will vacate upon demand, failing which, a summary action for ejectment is the proper remedy against him.[24] | |||||